Navigating the THC Ban and Building Resilience with First-Party Data

The Current State of THC & Hemp

The hemp-derived and cannabis-derived THC space — once riding a wave of growth, creativity, and regulatory optimism — is facing a serious reckoning. 

In late 2025, the U.S. Congress passed a sweeping redefinition of “legal hemp,” delivering what many in the industry consider a near-total ban on most hemp-derived THC products. 

• The new law, tucked into a federal spending package, swaps out the old 0.3% THC-by-weight test and imposes a strict cap of 0.4 mg total THC (or “THC + similar-effect cannabinoids”) per container for hemp-derived products.

• For reference, many popular hemp-derived beverages like the “THC seltzers” and low-dose drinks that defined the category typically contain 2–10 mg THC per can. Under the new law, those products are no longer compliant.

• The new rule doesn’t just target high-dose edibles or synthetics; it sweeps up nearly all hemp-derived ingestibles, including many full-spectrum CBD oils, tinctures, vapes, and beverages that were previously considered lawful under the Agriculture Improvement Act of 2018. 

Industry experts estimate the new law could eliminate up to 95% of the existing hemp-derived THC market. 

Furthermore, state-level regulatory crackdowns compound the uncertainty. Dozens of states have introduced bills in 2025 alone to limit THC content in beverages, restrict licensing, or outright ban hemp-derived intoxication products. 

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Why This Matters for Brands, Consumers, and the Broader Hemp Ecosystem

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• Brands are under existential threat. Many companies built their business models around hemp-derived THC beverages, gummies, tinctures, and other products. With just a one-year runway (the law takes full effect by November 2026), brands are worried about being forced to either reformulate, pivot, or wind down.‍

• Loss of access for consumers. The broad sweep of the legislation doesn’t just hit “fun” drinks — it also jeopardizes wellness-focused CBD formulations, tinctures, and other low-dose products that many consumers rely on for sleep, stress, or pain management.
  

• Regulatory instability and fragmentation. With widely divergent state-level responses and a shifting federal definition, businesses face complex compliance challenges. Even in states that have permitted hemp beverages to date, product availability, legal risk, and distribution uncertainty are rising fast.
  

• A loss of innovation. Many of these products that fueled growth and consumer choice were built on the old hemp framework. With that framework collapsing, decades of emergent products — from low-dose seltzers to wellness tinctures — may vanish or move underground.
  
  

What Can Brands Do Now?

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At Brij, we recognize that this regulatory shift is terrifying. But there is a year before any lasting changes are made, and there are things you can do now. For many of our clients in the THC, hemp, and cannabis beverage space, now is precisely when first-party data, direct-to-consumer relationships, and owned audiences matter more than ever.

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Why This Is a Strategic Inflection Point

• With wholesale distribution channels narrowing and retail uncertainty rising, brands must rely harder on owned channels: direct-to-consumer, e-commerce, subscription, and community engagement. This means capturing strong first-party data.
  

• As brands consider reformulating, pivoting to compliant SKUs, or shifting to licensed cannabis distribution, they’ll need to maintain consumer relationships, track who bought, when, and how often.
  

• Advocacy is becoming essential. As the industry mobilizes politically or via consumer voices, brands need channels to reach verified THC consumers for petitions, campaigns, and regulatory dialogue.
  
  

How Brij Is Built for This Moment

Brij helps THC and hemp brands during these uncertain times by enabling them to:

• Gather first-party data. Data capture experiences on every purchase or product interaction capture verified buyer info (name, email, location, purchase proof), even when traditional ad channels or retail distribution collapse.

• ‍Mobilize communities for advocacy. Brands can use Brij to deliver petitions, calls-to-action, or education campaigns to verified consumers. This is crucial in a moment when regulatory pressure is mounting.

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• Power reorders, subscriptions, and loyalty. Once a customer is verified, brands can turn a one-time buyer into a repeat customer — essential as retail access becomes uncertain and direct-to-consumer becomes more important.‍

• Remain compliant and adaptive. With dynamic QR codes and smart links, brands can update product messaging, dosage info, or state-specific compliance labels instantly. No relabeling or repackaging required.

• Drive trial and conversion even when sampling is difficult. Through compliant rebate programs, receipt capture, and 100+ payout options, brands can convert retail sales, influencer promotions, and digital ads into verified first-party leads.

• Educate consumers and offer transparency. Whether it’s ingredient breakdowns, dosing guidance, or origin stories, Brij experiences can host dynamic content that adjusts as formulation or regulations change.

• Power reorders, subscriptions, and loyalty. Once a customer is verified, brands can turn a one-time buyer into a repeat customer — essential as retail access becomes uncertain and direct-to-consumer becomes more important.
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THC Brands Trust Brij — Even in Turbulent Times

Some of the most forward-thinking names in hemp and THC beverages have already built first-party audiences using Brij:

• Cann
• Triple Cannabis Beverages
• St. Ides
• BREZ
• North Canna Co.
• Rythm
• Senorita
• Keef
• High Res Bev.
• High Pour
• PiccoBev

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Next Steps for THC & Hemp Brands

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1. Prioritize building direct-to-consumer channels now. Gather first-party data before distribution tightens further.
2. Use your audience for advocacy and community mobilization. Stay connected with real customers, not just anonymous distributors.
3. Lean on platforms that support compliance, flexibility, and data-driven insights. Tools like Brij are purpose-built for this moment.
4. Be transparent with consumers about regulatory challenges, reformulations, reasons for change, and what the future might hold.

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Conclusion

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Use this year to double down on first-party data, community, compliance, transparency, and agility to connect more directly to real customers.

At Brij, we stand with the brands, retailers, founders, and consumers who believe in the value of hemp-derived products. We’re ready to help you navigate these changes — to collect your data, build your audience, and mobilize your community.