Will 3 mg THC beverages qualify as hemp under federal law? — Through Nov 2027

The determinative question is whether the 3-milligram Total THC level qualifies as lawful hemp under federal controlled-substance law at 11:59 PM ET on the Resolution Date. FDA food-safety, labeling, or other regulation outside the Controlled Substances Act does not by itself affect resolution, and state law does not affect resolution. Total THC is measured under the federal statutory standard in effect at the relevant time: delta-9 THC plus 0.877 times THCA, plus any other THC isomers included in the applicable federal statutory measure. A legally effective federal regime that leaves or makes a beverage containing 3 milligrams of Total THC per Container lawful hemp may resolve the market Yes, including continuation of the pre-Section 781 hemp definition, enacted federal legislation, a final federal regulation carrying the force of law, or nationwide federal court relief blocking enforcement of Section 781 of Public Law 119-37. Proposed or unenacted legislation or rules, informal federal non-enforcement or enforcement discretion, state action, and court relief limited to particular plaintiffs, products, sellers, or districts do not qualify. Only statutes, regulations, and court orders issued and legally effective by 11:59 PM ET on the Resolution Date are considered. An instrument whose operative provisions take effect only after that time does not qualify. Later corrections, amendments, or court decisions do not change resolution, even if they purport to apply retroactively. If no qualifying condition is in effect at the snapshot, the market resolves No.