Congressional researchers say FDA's hemp cannabinoid lists and container guidance are six months overdue; House lawmakers remain divided on delaying the November 12 hemp THC caps; California sends a cannabis packaging bill to Gov. Newsom.

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Daily Compliance Brief

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Vol. 1 • Edition 12 • Wednesday, August 26, 2026 • Alcohol & Hemp/THC Regulation • Federal + All 50 States

Good morning — here’s the regulatory picture for alcohol and hemp/THC beverages, readable in about three minutes. Every headline links to the original source. A quieter news day, so today’s edition runs a bit shorter than usual.

Top Story

Congressional researchers say FDA’s hemp cannabinoid lists and “container” guidance are six months overdue as the November 12 THC caps approach

FEDERAL • Marijuana Moment • Aug 24

An updated Congressional Research Service report notes that FDA has not published four items the 2026 appropriations law required by February 10: lists of cannabinoids naturally produced by cannabis, of naturally occurring THC-class cannabinoids, and of cannabinoids with THC-like effects, plus guidance defining “container” for the law’s 0.4 mg total-THC-per-container cap that takes effect November 12. Hemp entrepreneur Jim Higdon said “it is difficult to comply with the law while key definitions are still in question.”

Why it matters: The “container” definition determines how the 0.4 mg cap applies to a can, a multipack, or a case — without it, hemp beverage makers and their retail partners cannot finalize formulations, labels, or inventory plans for November 12, now 78 days out.

Federal

House remains divided over the Senate’s one-month delay of the hemp THC caps

FEDERAL • Roll Call • Aug 24

The Senate’s stopgap spending bill, passed August 8, would delay the new hemp definition and the 0.4 mg per-container THC cap from November 12 to December 11 — a provision led by Sens. Tim Sheehy (R-MT) and Amy Klobuchar (D-MN) — but the House version omits it, and House members remain split. Rep. Morgan Griffith (R-VA) said he favors delaying implementation, noting “there’s a whole group that just says, ‘No, we want to ban it all’”; Rep. Andy Harris (R-MD) opposes a delay, calling the products intoxicating, unregulated and widely available. The two chambers must reconcile the bills before funding lapses September 30.

Why it matters: Whether the compliance date is November 12 or December 11 changes sell-through and inventory timelines for every hemp beverage on shelves — the September 30 funding deadline is when that question is likely to be settled.

Around the States

California sends cannabis packaging bill to Gov. Newsom

CALIFORNIA • Marijuana Moment • Aug 24

Lawmakers passed AB 2249 (Assembly 69-1, Senate 38-0), which would bar marijuana packaging and labeling that appeals to minors — including cartoons, candy imagery and children’s-entertainment references — effective January 1, 2028 if signed. The California Cannabis Industry Association said the bill “would impose significant costs on licensed businesses.”

Oregon senator plans 2027 push to cap edibles — including drinks — at 10 mg THC

OREGON • Marijuana Moment • Aug 24

State Sen. Lisa Reynolds (D-Portland), a pediatrician, said she will reintroduce legislation in 2027 to cap individual cannabis edibles — the article cites sodas and cookies now sold with up to 100 mg — at 10 mg THC, with enhanced warning labels; a similar bill passed the Oregon Senate this year but died in a House committee. Reynolds cited youth-access and mental-health concerns; the Cannabis Industry Alliance of Oregon, which mobilized against the earlier bill, declined to comment.

Wisconsin THC-beverage taproom to close September 13, citing the federal caps

WISCONSIN • WSAW • Aug 25

Forward Beverage Co. said its downtown Wausau taproom will close September 13 and the business will pivot to online sales of non-alcoholic cocktails and kava, exiting THC products; owner Amy Yanzer said 95 percent of its products, including 10 mg-plus THC seltzers, would not be allowed under the incoming federal standard.

Why it matters: An early, concrete example of hemp-beverage retail capacity coming off the market ahead of November 12 — a dynamic that affects shelf competition and category planning for alcohol and THC-adjacent products alike.

On the Radar

Today, Aug. 26 — The corrected 2,470-page DEA rescheduling hearing transcript is due on the agency’s website, after which the administrative law judge weighs final briefs and moves toward a recommendation on marijuana’s scheduling status (Marijuana Moment).

Sept. 8 — Canada’s retaliatory tariffs are set to begin. Prime Minister Mark Carney said Canada will “match those tariffs dollar for dollar” after 50% U.S. tariffs covering alcoholic beverages took effect August 22 (NPR).

Nov. 12 — Federal hemp THC limits take effect: finished consumable hemp products capped at 0.4 mg total THC per container; the Senate stopgap would move key provisions to December 11 if the House agrees (see Federal item above). Law firm Vicente LLP estimates the standard would bar roughly 95% of current hemp-derived products (Vicente LLP).

Jeremy Barnes | Chief Financial Officer, New Realm Brewing Co.

Prepared for New Realm’s leadership team and valued partners. This brief is for general informational purposes only and is not legal advice; it is compiled with AI assistance from the linked sources — please confirm details at the link before acting on them.

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Audio transcript (~2 min read)

This is the New Realm Compliance Brief, Volume One, Edition Twelve, for Wednesday, August Twenty-Sixth.

Our top story. An updated Congressional Research Service report says the Food and Drug Administration is six months late on hemp guidance that Congress required by February Tenth. The agency has yet to publish lists of naturally occurring cannabinoids and THC-class compounds, and guidance defining the word container — the term that determines how the new zero point four milligram total THC cap applies to a can, a multipack, or a case. Those caps take effect November Twelfth. Hemp entrepreneur Jim Higdon said it is difficult to comply with the law while key definitions are still in question.

In other federal news, House members remain divided over the Senate's one-month delay of those hemp THC caps. The Senate stopgap bill would move the compliance date from November Twelfth to December Eleventh. Representative Morgan Griffith of Virginia said he favors delaying implementation, while Representative Andy Harris of Maryland opposes a delay, calling the products intoxicating and unregulated. The chambers must reconcile their bills before funding lapses September Thirtieth.

Around the states. California lawmakers sent Governor Newsom a bill barring cannabis packaging that appeals to minors, effective January First, Twenty Twenty-Eight if signed. An Oregon senator plans a Twenty Twenty-Seven push to cap cannabis edibles, including drinks, at ten milligrams of THC. And in Wisconsin, Forward Beverage Company said its Wausau THC-beverage taproom will close September Thirteenth, with the owner saying ninety-five percent of its products would not be allowed under the incoming federal standard.

On the radar: the corrected D E A rescheduling hearing transcript is due today. Canada's retaliatory tariffs are set to begin September Eighth. And the federal hemp THC limits arrive November Twelfth.

Full details and source links are in today's email. This update is for general information only — it is not legal advice.