The 2018 Farm Bill and Hemp: What It Means for THC Beverages

Legal · 5 min read · February 2026 · By After Hours Team

The Agriculture Improvement Act of 2018, commonly known as the Farm Bill, fundamentally changed the legal landscape for hemp in the United States. It's the legislation that made products like After Hours possible.

What the Farm Bill Did

The 2018 Farm Bill removed hemp from the Controlled Substances Act's definition of marijuana. It defined hemp as cannabis containing no more than 0.3% Delta-9 THC by dry weight. This distinction — based on THC concentration — is what separates legal hemp from controlled marijuana under federal law.

By removing hemp from the controlled substances list, the Farm Bill legalized the cultivation, processing, and sale of hemp and hemp-derived products across the United States.

How This Applies to THC Beverages

Here's the key nuance: the Farm Bill didn't ban Delta-9 THC entirely. It set a threshold. Products derived from hemp that contain less than 0.3% Delta-9 THC by dry weight are federally legal.

For beverages, the math works in consumers' favor. A 12oz (355mL) can has a significant dry weight, which means it can legally contain a meaningful amount of Delta-9 THC while remaining well under the 0.3% threshold. This is how After Hours delivers 10mg of Delta-9 THC per can while maintaining full federal compliance.

State-Level Variations

While the Farm Bill established federal legality, individual states retain the authority to impose their own regulations on hemp-derived products. Most states follow the federal framework, but some have enacted additional restrictions.

A small number of states have restricted or banned the sale of certain hemp-derived THC products. This is why After Hours includes a state verification check at checkout — to ensure we only ship to states where our products are legal.

Quality and Compliance

Federal legality comes with expectations. Reputable hemp-derived product manufacturers invest in third-party lab testing, proper labeling, and compliance documentation.

At After Hours, every batch is tested by Pure Vita Labs for potency, contaminants, and compliance. We publish our Certificates of Analysis on our website for full transparency. This commitment to testing and documentation goes beyond legal requirements — it's about earning and maintaining customer trust.

The Future of Hemp Regulation

Hemp regulation continues to evolve at both the federal and state level. Industry stakeholders, consumer advocates, and legislators are working to establish clearer frameworks for product safety, labeling standards, and age restrictions.

After Hours supports sensible regulation that protects consumers while preserving access to legal, tested, quality products. We believe transparency, testing, and responsible marketing are the foundations of a sustainable industry.