The Business of Cannabis

Congress Is Reconsidering Its Hemp Ban –Workplace Drug Testing Could Get Complicated

Aug 27, 2026 | Feature, Hemp, National

Congress spent last year trying to remove intoxicating hemp products from the legal marketplace. Now lawmakers are considering a federally regulated THC beverage that would carry an unusual warning: drinking it could make you fail a marijuana drug test.

For employers, that warning captures a much bigger workplace issue.

In November 2025, Congress dramatically narrowed the federal definition of hemp. The new law generally excludes finished hemp-derived cannabinoid products containing more than 0.4 milligrams of total THC per container, threatening much of the market for intoxicating products such as delta-8 gummies and THC beverages when the change takes effect November 12, 2026.

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