The Federal Hemp Ban and the Future of Texas Craft THC Beverages

In November, Congress passed a sweeping continuing resolution to keep the federal government funded — and tucked inside that must-pass legislation was a redefinition of hemp with major implications for the national market.

For craft producers like 8th Wonder, and for consumers across Texas, it raised real questions. Let’s break down what happened, what the data tells us, and how Texas can continue leading the country in craft hemp innovation.

How a Government Funding Bill Became a Hemp Flashpoint

When Congress worked to prevent a government shutdown, the hemp provision became part of a larger political negotiation. That’s why the redefinition — which sets an extremely low 0.4 mg total THC per container limit — appeared without robust public debate or committee review.

This wasn’t the result of broad policy consensus. It was the byproduct of timing and political leverage.

Importantly: the change does not take effect until November 13, 2026.

The Congressional Research Service Questions Effectiveness of Hemp Ban

The Congressional Research Service (CRS), a key advisory branch of the government, had this to say of the hemp ban: "it remains unclear if and how federal law enforcement will enforce the new prohibitions when the new definition goes into effect."

This uncertainty gives Congress room — and incentive — to refine or reverse the provision. Several lawmakers have already announced efforts to do exactly that

Texas’ Regulatory Approach: Stable, Structured, Continuing

For operators in Texas, the real-world impact looks far different from the national narrative.

1. Texas can still regulate hemp within state borders.

If products are produced in Texas, sold in Texas, and remain in Texas, the state can maintain its regulatory structure even if federal rules shift. This parallels how states manage medical cannabis despite federal scheduling.

2. Texas regulators are moving forward, not backward.

The Texas Alcoholic Beverage Commission continues implementing hemp retail and safety rules — including the governor’s directives on age restrictions and ID protocols.

Regulators don’t expand oversight of an industry they expect to vanish.

3. Interstate commerce would pause; Texas commerce would continue.

Craft producers, farmers, and retailers will continue shaping a vibrant Texas market — responsibly, transparently, and with the same spirit of innovation that built the state’s craft beer and spirits culture.