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Hemp THC drinks in Oklahoma: how they became legal, when the federal cutoff hits, and where they can be sold after Dec. 11

OKLAHOMA — THC drinks made from hemp, such as Willie’s Remedy+ shots with 10 mg of delta-9 THC each, have been sold in Oklahoma stores and online under a 2018 federal law. A federal change signed in November 2025 takes effect on Dec. 11, 2026. After that date, a hemp product with more than 0.4 mg of total THC per container no longer counts as hemp under federal law.^[1][2][3]

How they became legal

The Agriculture Improvement Act of 2018 (the 2018 Farm Bill) removed hemp from the federal definition of marijuana. It defined hemp as the cannabis plant and its derivatives with no more than 0.3% delta-9 THC on a dry-weight basis.^[4]

The limit is a percentage of weight, not a set number of milligrams. A heavy finished product, such as a drink, can hold a dose of delta-9 THC that intoxicates and still be under 0.3% of its total weight. Critics have called this the “THC loophole,” according to the Congressional Research Service.^[3] Willie’s Remedy+ states on its product page that its THC is “no more than 0.3% of the product’s net weight, ensuring full compliance with the 2018 Farm Bill.”^[1]

In Oklahoma, the Oklahoma Department of Agriculture, Food and Forestry (ODAFF) runs the hemp program. In a Jan. 16, 2026 letter, it said hemp products must test at no more than 0.3% total THC (THC plus 87.7% of THCA). It said that once the federal change applies, final products over 0.4 mg total THC per container “are not considered hemp and cannot be marketed as such.” The letter gave the federal date as Nov. 12, 2026; Congress later moved it to Dec. 11.^[10][3] In the 2026 session, Facts First found no enacted Oklahoma bill setting a per-can milligram cap or a minimum purchase age for hemp drinks (see “Bills that failed” below).^[16][14][17]

When it stops: the federal change

Section 781 of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (P.L. 119-37) was signed in November 2025. It rewrote the federal hemp definition in three main ways:^[2][5]

• The 0.3% dry-weight test for the plant now counts total THC, including THCA, instead of delta-9 THC alone. The limits for intermediate and final products also count other cannabinoids that have, or are marketed as having, similar effects.
• A final hemp-derived cannabinoid product is excluded from “hemp” if it has more than 0.4 mg combined total THC per container.
• Products with cannabinoids that the cannabis plant cannot produce naturally, or that were made outside the plant, are also excluded.

A product excluded from “hemp” falls under the federal definition of marijuana. Since April 28, 2026, federal rules place marijuana covered by a state medical marijuana license, and FDA-approved products, in Schedule III. Other marijuana is still in Schedule I. A hemp-style product over the cap sold outside a state-licensed medical program is therefore federally controlled marijuana.^[3][11]

The change was originally set to take effect on Nov. 12, 2026. The Continuing Appropriations and Extensions Act, 2027 (P.L. 119-103, H.R. 6500) was signed on Sept. 2, 2026. It moved the total-THC standard and the 0.4 mg cap to Dec. 11, 2026. It also moved the exclusion for naturally occurring cannabinoids that were synthesized or made outside the plant to Dec. 11. Only the exclusion for cannabinoids the plant cannot produce naturally kept the Nov. 12, 2026 date.^{[21][3][6][12]}

Selling off existing stock: Neither P.L. 119-37 Sec. 781 nor P.L. 119-103 Sec. 2019 contains a period for selling off stock already on shelves.^[20][21] Some states have published their own enforcement plans. For example, Rhode Island’s cannabis regulator told licensees that hemp products over 0.4 mg may not be offered for sale, including online, on or after Dec. 11. Rhode Island licensees may keep that stock only in a quarantine area.^[13] As of Nov. 1, Facts First found no matching Oklahoma notice.

Oklahoma’s 2026 laws

• SB 1257 was signed May 20, 2026, and takes effect Nov. 1, 2026. It expands the state’s definition of marijuana and places synthetic THC, including covered THC derived from hemp, in Schedule I. It excludes hemp grown under the Oklahoma Industrial Hemp Program that tests at no more than 0.3% combined delta-9 THC and THCA by dry weight.^[7][15]
• HB 4454 was signed May 7, 2026, and takes effect Nov. 1, 2026. It covers medical marijuana edibles and drinks made by processors licensed by the Oklahoma Medical Marijuana Authority (OMMA). Drinks must list the number of servings and the THC per serving. Packaging and shapes that appeal to children are banned. According to OMMA, dispensaries may keep selling stock that was in inventory as of Oct. 31 under the old labels.^[8][9] This sell-through rule covers labeling of medical marijuana stock in dispensaries. It does not cover hemp drinks or the federal 0.4 mg cap.

Bills that failed

• HB 4248 would have banned sales of hemp drinks to people under 21. It passed the House 94–1 and the Senate 45–0. On May 6, 2026, the House passed the final version 82–0, then rescinded that vote and its signing. The bill did not become law.^[16]
• SB 3, as rewritten by a House committee, would have required the Department of Agriculture to run the state hemp program in full conformity with federal law. It would have let the department write rules on total-THC testing, container limits, age verification, point-of-sale limits, labeling and packaging. Products that do not qualify as hemp would fall under the state controlled substances law. The House summary says hemp beverages licensed and regulated by the ABLE Commission would be excluded from the bill. The House passed it 82–0 on April 29, 2026; the official record shows no final passage after that.^[14]
• SB 2092 would have put hemp drinks under the ABLE Commission with a 21-and-over rule. It stalled after its second reading in February 2026.^[17]

Where they can be sold after Dec. 11

• Low-dose hemp products: Hemp products with 0.4 mg or less total THC per container that meet the rest of the federal definition stay legal as hemp.^[2]
• OMMA medical dispensaries: THC drinks over that limit are still a state-legal product in Oklahoma’s licensed medical marijuana system. That system is open only to medical marijuana patient-license holders, and these drinks must meet the HB 4454 labeling rules.^[8] Under the federal rule in effect since April 28, 2026, marijuana covered by a state medical marijuana license is in Schedule III rather than Schedule I. Schedule III substances are still federally controlled, and the federal hemp cap does not apply to products sold as licensed medical marijuana rather than as hemp.^[11]
• Convenience stores, smoke shops and online sellers: Under the federal definition, hemp drinks over 0.4 mg per container would no longer be hemp after Dec. 11 unless Congress acts first.^[3]

Could Congress change it before Dec. 11?

Several bills are pending. As of Nov. 1, Facts First found no record that any had passed either chamber.

• H.R. 7024, H.R. 7010 and S. 3686 would delay the new definition for another two years. H.R. 6209 would repeal the change.^[5]
• The Beverage Regulatory Parity Act (H.R. 10079), introduced Aug. 10, 2026, would regulate hemp drinks somewhat like alcohol. The Alcohol and Tobacco Tax and Trade Bureau would oversee them, with a 5 mg THC limit per serving and a 21-and-over rule. Compliant drinks would be exempt from the 0.4 mg cap. The bill has been referred to the House Energy and Commerce and Ways and Means committees.^[18][19]
• The House-passed FY2027 agriculture spending bill (H.R. 8646) contains no further delay.^[5]

Sources

1. Willie’s Remedy+, “THC Shots – 10mg” product page: willies.com/products/thc-shots-10mg
2. 7 U.S.C. § 1639o (definition of hemp, as amended): uscode.house.gov
3. Congressional Research Service, Legal Sidebar LSB11496, “Delay in Changes to Hemp Definition” (Oct. 28, 2026): everycrsreport.com/reports/LSB11496.html
4. Agriculture Improvement Act of 2018, P.L. 115-334, Sec. 10113: congress.gov
5. Congressional Research Service, In Focus IF13136, “Changes to the Statutory Definition of Hemp”: congress.gov/crs-product/IF13136
6. Foley Hoag, “A Temporary Reprieve for Hemp-THC Products… But what now?” (Sept. 2026): foleyhoag.com
7. Oklahoma Legislature, SB 1257 bill history: oklegislature.gov
8. OMMA, “HB 4454 Clarification: Processor and Dispensary Requirements”: oklahoma.gov/omma
9. Oklahoma Legislature, HB 4454 bill history: oklegislature.gov
10. Oklahoma Department of Agriculture, Food and Forestry, Hemp Clarification Letter (Jan. 16, 2026): ag.ok.gov (PDF)
11. Federal Register, 91 FR 22714 (Apr. 28, 2026), rescheduling of state-licensed medical marijuana: govinfo.gov
12. Vicente LLP, “Federal Hemp Update: Definition Change Delayed to December 11”: vicentellp.com
13. Rhode Island Cannabis Control Commission, Cannabis Office Bulletin 2026-7: ccc.ri.gov
14. Oklahoma Legislature, SB 3 bill history and House vote: oklegislature.gov; House votes; House committee substitute summary (Apr. 16, 2026)
15. PRIA summary of Oklahoma SB 1257: policyrisk.com
16. Oklahoma Legislature, HB 4248 bill history: oklegislature.gov
17. Oklahoma Legislature, SB 2092 bill history: oklegislature.gov
18. GovInfo, H.R. 10079 (IH), Beverage Regulatory Parity Act: govinfo.gov
19. Marijuana Herald, “Bipartisan Federal Bill to Regulate Hemp-Derived THC Beverages Like Alcohol Gains Fifth Sponsor” (Sept. 2026): themarijuanaherald.com
20. P.L. 119-37, Division B, Sec. 781: govinfo.gov
21. P.L. 119-103, Sec. 2019: govinfo.gov