When people talk about the federal hemp ban, they usually picture store shelves. But a lot of hemp THC drinks never sit on a shelf at all — they ride in a delivery truck straight to someone’s front door. That is why the new UPS hemp shipping policy, rewritten around the federal ban that takes effect on December 11, matters almost as much as any vote in Congress. UPS is the first major carrier to align its rules with the new legal definition of hemp, and the change lands on exactly the kind of company this story has followed from the start: fast-growing THC beverage brands such as Nowadays.
The shift was reported on October 20, 2026, by Cannabis Business Times, which compared the carrier’s current hemp shipping terms with its earlier wording. In short, UPS will soon test raw hemp against “total THC” instead of delta-9 THC alone, it still requires an adult signature on every domestic hemp parcel, and it still refuses vapes and lab-made cannabinoids. Below we explain what that means in plain terms, why the deadline moved from November to December, and how a brand that grew 270% in a single year is preparing for a market where most of its drinks may no longer count as legal hemp.
Key Takeaways
UPS has become the first major U.S. carrier to rewrite its hemp rules for the new federal definition: from December 11, 2026, shipments of raw hemp must carry a lab certificate showing no more than 0.3% total THC by dry weight, a count that now includes THCA, the raw form of THC found in the plant. Every domestic parcel containing hemp or hemp-derived products already has to go out with UPS Adult Signature Required, vapes and synthetic cannabinoids are banned outright, and UPS will not take hemp shipments from any location that also sells marijuana. The U.S. Postal Service and FedEx had not updated their rules as of mid-October. The underlying law, passed in November 2025, also caps finished hemp products at 0.4 milligrams of total THC per container, which is far below the 2 to 10 milligrams in a typical Nowadays can. Congress pushed most of the ban from November 12 to December 11, but the delay does not cover lab-made cannabinoids, and there is still no replacement framework on the table. Nowadays, whose sales jumped 270% in the first half of 2025, has responded with an ultra-low-dose line built to fit the new cap, while still lobbying to change the rules.
What the UPS Hemp Shipping Policy Changes Before the Ban
UPS splits its hemp rules into two groups: raw hemp, meaning the plant itself, and hemp derivatives, meaning finished products such as oils, gummies and drinks.
For raw hemp, the rules were already strict. UPS accepts plant-form hemp only from pre-approved shippers under a separate contract. A shipper has to open a dedicated account, hand over its licenses and sign a UPS agreement. Boxes must not reveal on their labels or outer markings that they contain raw hemp, and every package travels with UPS Adult Signature Required. The new line in the policy is the lab test. Starting December 11, 2026, each raw hemp shipment must include a certificate of analysis showing a total THC concentration, including tetrahydrocannabinolic acid (THCA), of no more than 0.3% on a dry-weight basis.
That one phrase is the real update. According to hemp beverage attorney Michelle Bodian, quoted by Cannabis Business Times, UPS’s previous terms followed the language of the 2018 Farm Bill and measured only delta-9 THC. The new wording mirrors the federal standard that kicks in on the same date.
For hemp derivatives, UPS says it accepts them only as far as federal, state and local law allows, and it puts the burden on the shipper to know those laws. As an example, the carrier points to New York’s rules for cannabinoid hemp, which Cannabis Business Times describes as capping products at 1 milligram of THC per serving and 10 milligrams per package, with a maximum of 100 milligrams of total cannabinoids per serving and 3,000 per package. The wider message is clear: even a product that is legal under federal law can be refused if it breaks the rules of the state it is going to.
Three bans sit on top of everything else. UPS refuses any synthetic or lab-made cannabinoid and its derivatives. It refuses hemp products meant to be inhaled as an aerosol, which covers every vape, including imports and exports. And it will not accept hemp or hemp-derived shipments from any location that sells marijuana, so a state-licensed dispensary cannot use UPS to send out its CBD line. Marijuana itself stays off-limits in every case, even where a state has made it legal for medical use, because it remains a controlled substance under federal law. The carrier also keeps the right to dispose of any non-compliant hemp parcel and to stop serving a shipper who sends one.
Why “Total THC” Matters More Than It Sounds
To see why the wording change is important, it helps to know what THCA is. Fresh cannabis contains very little active THC. Most of it sits in the plant as THCA, a “pre-THC” that does not get you high on its own. Heat changes that: when the flower is smoked, vaped or baked, THCA turns into THC. Think of THCA as raw dough and THC as the baked loaf. The old rule only counted the loaves already on the shelf and ignored a whole tray of dough waiting to go into the oven.
Under the 2018 Farm Bill, hemp was defined by delta-9 THC alone. That gap let companies sell “THCA flower” that passed a hemp test in the lab but behaved like marijuana once lit. The new federal definition closes the gap by counting THCA as well, and UPS has now written the same test into its shipping rules. For a grower or distributor, a batch that tested as legal hemp in October can fail the same test in December without a single molecule changing.
USPS and FedEx Have Not Moved Yet
UPS is ahead of its rivals. In her LinkedIn post, Bodian wrote: “So far, USPS and FedEx have not followed suit.” That does not mean the other carriers will accept products that break federal law. All of them refuse illegal shipments. It only means their written rules still reflect the old definition.
The Postal Service’s standard dates back to 2019, when it added a section on hemp-based products to Publication 52, its rulebook for hazardous and restricted mail. Under that rule, a mailer must follow all federal, state and local hemp laws and keep proof of compliance, such as lab results and licenses, for at least two years after sending a package. Once the federal definition changes, a product that no longer counts as hemp is no longer covered by that section, whatever the old wording says. For shippers, the practical risk is not which carrier updates first, but assuming that an unchanged policy page means unchanged law.
What the Federal Ban Actually Says and Why the Date Moved
The rules UPS is preparing for come from a spending law, not from a farm bill. The Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, known as H.R. 5371, was signed on November 12, 2025, as part of the deal that ended a long government shutdown. Its hemp section rewrites the federal definition in three main ways.
First, hemp plants and intermediate materials must contain no more than 0.3% total THC on a dry-weight basis, with THCA included in the count. Second, finished hemp-derived cannabinoid products are excluded from the definition of hemp if they contain more than 0.4 milligrams of total THC per container. According to a Congressional Research Service brief, the “container” is the innermost package in direct contact with the product, so for a drink it is the can itself, not a four-pack or a case. Third, products containing cannabinoids made synthetically are excluded altogether.
The law originally gave the industry exactly one year, until November 12, 2026. In August, the Senate voted 61 to 32 to reject an amendment that would have kept that date, and NORML reported that the stopgap funding bill moved the start to December 11. The House then passed the same measure by 370 votes to 48, and it was signed into law at the start of September.
There is a catch in the delay. According to the National Association of Convenience Stores, the extra month applies only to natural hemp products, while synthetic products remain banned from the original November 12 date. In other words, the federal deadline is now split in two, and UPS’s own rules already exclude lab-made cannabinoids regardless of either date.
Nowadays: From a Pet Project to a 270% Sales Surge
The landscape of social drinking is shifting, and few companies illustrate this trend better than Nowadays, a leading THC beverage brand founded in March 2023. In less than three years, the company has transformed from a “cool pet project” into a market powerhouse. According to CEO Justin Tidwell, sales skyrocketed by 270% in the first half of 2025 compared to the previous year, driven by a massive surge in consumer demand.
A Shift in Consumer Habits
This explosive growth mirrors a broader trend in consumer behavior. Data from analytics firm Gallup reveals that alcohol consumption hit a record low in 2025, with only 54% of adults reporting they drink alcohol. Gallup’s latest reading shows the share stuck at that same record low for a second year in a row. As the cannabis industry matures in 2026, consumers—particularly Gen Z and boomers—are increasingly seeking alternatives.
The hemp THC beverage sector alone was valued at $93 million in 2025. Nowadays has capitalized on this shift, building a loyal customer base predominantly consisting of women aged 25 to 65. The category’s success is also encouraging traditional bars and restaurants to adopt non-alcoholic cocktails on their menus.
Newer retail data points the same way, though it measures something different. NielsenIQ, which tracks sales through scanners in mainstream stores, found that THC beverages reached $239 million in the 52 weeks to April 4, 2026, up 135% on the year before, and that about half of U.S. adults say they would be interested in trying them. The two figures should not be compared directly: they cover different periods and different sales channels, and neither captures direct online orders in full. Together they show a category still growing quickly just months before the federal cap.
Looming Federal Restrictions
However, despite viral TikTok success and seasonal flavor expansions, the future of the brand hangs in the balance. A federal law signed in November 2025, originally scheduled to take effect in November 2026 and now pushed back to December 11, threatens to impose strict limitations on hemp-derived products. The legislation restricts containers to a maximum of 0.4 milligrams of total THC—a drastic reduction from Nowadays’ current standard doses of 2 to 10 milligrams.
This type of sudden regulatory shift is becoming a global theme. Just as we have seen with the crackdown and closure of cannabis shops in Thailand, the U.S. market is now facing its own legislative hurdles that could stifle a booming sector.
The pressure does not only come from regulators. Some of the loudest voices in this fight have changed sides along the way: the alcohol trade, which once pushed to clear THC drinks out of stores, has since moved to defend the category it wanted gone, while celebrity founders such as Seth Rogen argue that the push to ban hemp THC beverages shows how threatened competitors feel.
Extra Light: Nowadays’ Answer to the 0.4 mg Cap
Nowadays did not wait for Congress. In April 2026 the company announced Nowadays Extra Light, a canned drink with 0.4 milligrams of THC and 5 milligrams of CBD, sold in four-packs of 12-ounce cans. According to Just Drinks, the company expects the low-dose line to widen its retail footprint from 26 states to about 40, because many states that block stronger THC drinks can accept a product this mild. Nowadays says the line is an addition, not a replacement: its 2, 5 and 10 milligram formats stay in the range for as long as the law allows.
The launch came with a political side. Under a program called Sip For Progress, the brand directs $1 from every Extra Light four-pack to lobbying for THC beverage regulation instead of a ban. It is a hedge in both directions: one product designed to survive the cap, and one campaign designed to remove it.
For readers it helps to keep the scale in view. A 0.4 milligram can contains a fraction of what the company’s standard drinks hold, less than a tenth of a 5 milligram can. Whether people who enjoy a 5 or 10 milligram drink will accept that switch is a question of consumer taste, and so far the company has shared its own survey results rather than independent sales data.
What the New Shipping Rules Mean for THC Drinks Sold Online
Put the UPS policy next to the federal law and the picture for online sellers becomes clearer. UPS accepts hemp derivatives only as far as federal law allows. From December 11, a can holding 2, 5 or 10 milligrams of THC will no longer meet the federal definition of hemp. Unless Congress changes the law, such drinks will fall outside what UPS can carry, and the same logic applies to any carrier that refuses illegal shipments.
A product such as Extra Light is built to stay inside the cap, but the shipping rules still bring extra friction. Every domestic hemp parcel already needs an adult signature, which raises costs and leads to missed deliveries for direct-to-consumer brands. State rules come on top: UPS’s own example of New York shows that a drink can be federally legal and still break a state’s per-serving or per-package limit.
The impact also reaches well beyond drinks. Industry groups cited by the law firm Frier Levitt estimate that 90% or more of non-intoxicating “full-spectrum” CBD products would also fall outside the new definition, because the natural traces of THC they contain add up to more than 0.4 milligrams per container. For high-THCA flower, the total THC test removes the loophole altogether. And the stores hit from several sides at once include licensed cannabis shops that also stock hemp goods, such as the Cheech and Chong dispensary in Maine, which cannot ship hemp through UPS at all under the carrier’s rule on locations that sell marijuana.
The Fight for the Future
“Half of my job the next year goes from growing the business and focusing on the brand to talking to regulators in Washington, DC,” Tidwell stated. He warned that without amendments to the bill, businesses like his could “literally go to zero.”
While Tidwell supports reasonable regulation to ensure safe sales in liquor stores and restaurants, the industry now faces a race against time: about seven weeks remain before the December 11 deadline. Lawyers at Harris Sliwoski write that a full regulatory framework is unlikely to come together before that date and that the administration has signaled it will not seek another extension, though a second delay remains possible.
What We Still Don’t Know
Several parts of this story rest on limited evidence, and it is worth being clear about them. The report on UPS is based on the carrier’s public policy page and on one attorney’s analysis; UPS has not published a detailed explanation of how it will check compliance at pickup, or how strictly it will enforce the new test. The USPS and FedEx positions could change at any moment. December 11 is also the date when the current government funding runs out, so the hemp rules could be reopened in the next spending fight, in either direction. Finally, the sales figures for Nowadays come from the company itself, and the market estimates come from different sources that measure different things. None of these numbers is an audited forecast of what happens after the cap takes effect.
Frequently Asked Questions
Does UPS still ship CBD and hemp products?
Yes, but only under conditions. UPS accepts hemp derivatives that comply with federal, state and local law, and every domestic parcel needs UPS Adult Signature Required. Raw plant-form hemp is accepted only from pre-approved shippers with a dedicated account and a signed agreement. Vapes, synthetic cannabinoids and hemp shipments from locations that sell marijuana are refused.
What does “total THC” mean on a hemp lab report?
Total THC adds delta-9 THC to THCA, the inactive form of THC that turns into the active compound when it is heated. Under the old federal rule, only delta-9 THC was counted. From December 11, the federal definition and the UPS raw hemp rules count both, so some flower that passed as hemp before will no longer qualify.
Will USPS and FedEx change their hemp shipping rules too?
As of mid-October 2026 neither carrier had updated its written hemp policy. Both already refuse shipments that break federal law, so once the new definition takes effect, products that no longer count as hemp are unlikely to be mailable through any carrier, regardless of when the policy pages change.
Is it legal to ship hemp THC drinks in the U.S. after December 11?
Under the federal law as it stands, finished hemp products with more than 0.4 milligrams of total THC per container will no longer count as hemp from December 11, 2026, and carriers generally refuse goods that do not comply with federal law. Products under that limit may still be shipped where state law allows, subject to each carrier’s terms. Congress could still change the date or the rules, and state laws differ widely, so businesses should seek advice from a qualified attorney.
Legal Disclaimer
This article is for general information and journalism purposes only. It does not constitute legal, regulatory, shipping-compliance or business advice, and it does not encourage the purchase, sale, shipment or consumption of any hemp or cannabis product. Federal, state and local laws on hemp and cannabis change frequently and vary between jurisdictions, and carrier policies may be updated without notice. Readers should check the current terms of their carrier and consult a qualified attorney before making decisions based on the information above.
