The FDA Is Rewriting CBD Rules: What Hemp Beverage Brands Need to Know
The White House held its fifth stakeholder meeting on the FDA's unpublished CBD enforcement policy in the first week of April 2026. The FDA already missed its 90-day statutory deadline to finalize the rules. Whatever comes out of this process will determine how CBD and hemp-derived products, including THC beverages, are regulated at the federal level going forward.
Here is what is happening, what it could mean for hemp beverage brands and consumers, and what to watch for next. Shop Halo while you read.
Key Takeaways
- The White House OIRA held 5 meetings in April on FDA's CBD enforcement policy
- The FDA missed its 90-day statutory deadline to publish the rules
- The policy will govern how all CBD and hemp-derived products are regulated
- THC beverages under the 2018 Farm Bill could be directly impacted
- The November 2026 Farm Bill expiration adds urgency to the regulatory picture
What Is the FDA Actually Working On?
The FDA is developing a compliance and enforcement policy for CBD products that will set the framework for all hemp-derived product regulation.
The official name is the CBD Products Compliance and Enforcement Policy. It is being developed through the White House Office of Information and Regulatory Affairs (OIRA), which reviews major federal regulations before publication. Five separate stakeholder meetings were held in the first week of April 2026, involving industry representatives, advocacy groups, and regulators.
The FDA has historically taken the position that CBD cannot be added to food or beverages because it was first studied as a drug (Epidiolex). This new policy could either codify that restriction, create a regulatory pathway for hemp-derived products, or land somewhere in between. The outcome matters enormously for every company in the hemp space.
How Could This Affect THC Beverages?
Any FDA framework for CBD products will likely influence how hemp-derived THC beverages are regulated or enforced.
THC beverages operate in a regulatory gray area. They are federally legal under the 2018 Farm Bill as long as they contain less than 0.3% delta-9 THC by dry weight. But the FDA has never issued clear guidance on hemp-derived THC in food and beverages specifically. Whatever framework emerges from this CBD policy process could extend to THC products, either explicitly or through enforcement precedent.
The hemp industry is watching closely. A permissive framework that creates a clear pathway for CBD and THC in food and beverages would be a massive win. A restrictive framework that gives the FDA broad enforcement powers could threaten the entire category.
Why Did the FDA Miss Its Deadline?
The FDA missed its 90-day statutory deadline, suggesting internal disagreement or complexity around the policy's scope.
Federal agencies miss regulatory deadlines regularly, but the fact that five OIRA meetings were needed in a single week suggests the policy is either contentious, complex, or both. The delay is not necessarily bad news for the industry. A rushed policy could have been more restrictive. More time and more stakeholder input could lead to a more nuanced framework.
Stay Informed, Stay Stocked
Federal regulation is coming to the hemp space one way or another. The question is whether it creates a clear path forward or slams the door. Either way, informed consumers and responsible brands will be best positioned.
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Frequently Asked Questions
Are hemp-derived THC beverages currently legal?
Yes. Hemp-derived THC beverages containing less than 0.3% delta-9 THC by dry weight are federally legal under the 2018 Farm Bill. State laws vary and some states have enacted additional restrictions.
When will the new FDA rules be published?
No firm date has been announced. The FDA already missed its statutory deadline. Industry observers expect the policy could be published in Q2 or Q3 2026, but further delays are possible.
What should consumers do in the meantime?
Continue purchasing hemp-derived products from reputable brands that provide third-party lab testing and transparent ingredient lists. The current legal framework has not changed. Products that were legal last week are still legal today.
