We’ve been getting a lot of questions lately. Totally fair ones, too.
THC drinks can feel like a legal grey area. But Cycling Frog products are 100% federally legal under the 2018 Farm Bill. This isn’t a workaround or a knockoff, though. Just real cannabis, made legal through smart formulation, transparent testing, and a little thing called math.
Confused? You’re not alone. The cannabis laws in this country are a HOT mess.
So let’s clear things up: where hemp came from, where it’s headed, and why Congress is now threatening to pull the plug.
Your right to sip is worth protecting, so let’s get into the facts 🐸
A Very Chill History of Hemp Legalization
Once upon a time, hemp was illegal. Then legal. Then kinda illegal again. Then legal for real this time (sort of, if you don’t count right this second).
In other words: it’s been a ride.
Here’s the short version of how we got here:
- 2005–2017: A handful of lawmakers (shoutout to Ron Paul and Thomas Massie) started pushing Industrial Hemp Acts. They didn’t pass, but they cracked the door open.
- 2014: President Obama signed a Farm Bill that allowed states to launch hemp research programs. It was limited, but it got the industry rolling.
- 2018: The Big One™. The Agricultural Improvement Act of 2018 (aka the Farm Bill) fully legalized hemp nationwide. It defined hemp as cannabis containing 0.3% delta-9 THC or less by dry weight and said, “Hey, if it meets that definition, it’s legal.”
That last one is the reason Cycling Frog exists. That’s why we can make drinks, gummies, and other hemp-derived treats with THC as long as they meet that <0.3% threshold. Not because of a loophole, but because of actual legislation.
And for once? It made sense. Hemp-derived cannabinoids like CBD, CBN, and even THC were given a real legal framework. It opened the doors for innovation, accessibility, and a lot more fun.
And then, 2025 happened.
- 2025: H.R. 5371. This massive federal spending bill had a secret section tucked inside that tightens a lot of the federal rules surrounding hemp-derived THC products. Scheduled to take effect on November 12th, 2026, the bill tweaks the definition of hemp-derived THC products and could ultimately lead to them being banned.
But don’t freak out. This didn’t just insta-ban your favorite frog drinks in one fell swoop. We’re still totally legal under the same federal rules as yesterday.
We’ll get into the 2025 drama in a minute. But before the plot thickens, let’s talk about what IS legal right now, why hemp has its own definition, and how the cannabis family tree actually works.
Hemp vs. Marijuana: What’s the Actual Difference?
The truth is: there is no difference between hemp and marijuana, botanically speaking. Hemp and marijuana are the exact same plant.
Same species (Cannabis sativa L.). Same compounds. Same leaves, flowers, terpenes, everything. If you walked past one in the wild, you couldn’t tell them apart.
The only difference is a legal one, and it comes down to math, not botany.
Under the 2018 Farm Bill, the federal government drew an arbitrary line separating hemp from marijuana based on how much delta-9 THC it contains by dry weight.
- Hemp = 0.3% or less
- Marijuana = more than 0.3%
That’s it. That’s the whole definition.
So when we say Cycling Frog products are made from hemp, what we really mean is: they’re made from cannabis that’s formulated to follow the rules.
Still real weed. Still real THC. Just labeled hemp because it meets the legal definition. It’s like applying a filter to the same photo. The plant doesn’t change, but the legal lens makes all the difference.
Our products are made from real cannabis, but fall within the legal hemp definition because of how we dose, formulate, and label
TLDR; Same plant. Legal name tag.
Ok, But What The Heck Does “Dry Weight” Even Mean?
The 2018 Farm Bill defines hemp as cannabis with 0.3% or less delta-9 THC by dry weight. That’s the legal limit. Anything over it? Technically classified as marijuana.
But here’s where it gets weird: the government applies that rule to all cannabis products. Even drinks, gummies, and tinctures that are… you know… very much not dry.
So What Is “Dry Weight”?
“Dry weight” originally referred to the weight of dried cannabis flower. No moisture, just pure plant. That’s the number the Farm Bill uses to define hemp: cannabis with 0.3% or less delta-9 THC by dry weight.
But the Farm Bill doesn’t actually say how much THC can be in finished products like drinks or gummies. It only defines the hemp plant itself.
Still, because some regulators have interpreted that 0.3% rule as applying to final goods, many companies (including us) play it extra safe. That means making sure that if you removed all the water from one of our seltzers, the remaining ingredients (like fruit juice solids, sweeteners, and flavoring) still contain less than 0.3% THC by weight.
So yeah, it’s math. It’s compliance. It’s vaporizing a beverage in theory and still passing the test.
We don’t cut corners, and we don’t push it. Every can is formulated to meet that dry weight threshold just in case anyone ever does want to evaporate it.
Let’s do some math
When we calculate the % of THC in a product, we’re looking at a super simple formula:
-
THC content (in grams) ÷ total product weight (in grams) = % THC by weight
This is how a product’s legality gets checked in practice, especially for states that have created their own rules around THC per serving, per package, or total potency.
Even though the Farm Bill only defines hemp as cannabis flower with ≤0.3% THC by dry weight, some regulators interpret that limit as applying to finished products too. That’s why we build all our products to stay under the line even after formulation.
Let’s take a look at any of our 10mg seltzers. 12 oz is really close to ~354.88ml. Now, because liquid has density, we convert that to mass:
12oz × 1.0135g/mL = ~359.68g total weight
Now let’s say that seltzer has 10mg of THC (aka 0.010g). To find the percentage of THC in the drink by weight:
0.010g THC ÷ 359.68g total mass = ~0.00278% THC (w/w)
So you’re looking at:
- Volume: 12 fl oz = ~354.88 mL
- Density: ~1.0135 g/mL
- Total weight: 354.88 mL × 1.0135 = ~359.68g
- THC: 10mg = 0.010g
- 0.010g ÷ 359.68g = 0.00278% THC by weight
✅ That’s well under the 0.3% limit.
So legally, you could have a lot more mg of THC in that can (lol), and still be compliant. BUT we only use 5mg or 10 and up to 50mg, because we love you and don’t want to send you to the shadow realm.
We also keep things dialed in to make our products more accessible. As more and more states set caps on THC per serving or per product, building with intention means more people can enjoy these products without running into weird legal walls.
Anyway, it works. It’s still potent, compliant, and well below the legal limit.
What about gummies?
The same rules apply even for small products. A typical gummy weighs 3 to 5 grams.
0.3% of 5g = 15mg THC max
That’s why you’ll see legal hemp-derived gummies with 10mg, 12mg, even 15mg of delta-9 THC. Some companies get even more creative with bigger gummies (10g+) to fit 30–100mg in one bite. And yep, that’s still legal under the Farm Bill, too.
How Much Hemp Does It Take?
If hemp has such low THC levels, how are we still putting 5mg or 10mg in a drink?
Easy: we start with federally compliant hemp, extract the cannabinoids we want (like THC and CBD), and precisely dose each product to stay within legal limits.
Because hemp naturally contains less THC than marijuana, it takes more plant material to get the same amount of THC. But modern extraction makes that easy. We refine the good stuff and leave the rest behind.
That 5mg of THC in your seltzer? It likely started as a handful of hemp buds. We just concentrated it, measured it, and dropped it into a drink that hits.
Traditional cannabis edibles use marijuana oil, which has way more THC per gram, but they’re regulated under state law. Ours are made from the same plant, just processed differently to stay federally legal.
Thanks to science, the Farm Bill, and a little cannabinoid math, you get real cannabis in a form that’s accessible, tested, and still very much vibey.
Why People Get Confused (And Why It Matters)
Here’s where most people get tripped up:
- THC = dispensary product
- Hemp = CBD balm or rope or something
And that used to be mostly true.
For years, the only way to legally buy THC was through state-regulated medical or recreational marijuana programs. You had to live in the right state, go to a dispensary, and follow strict cannabis laws.
But the 2018 Farm Bill changed that. It created a federally legal lane for hemp-derived cannabinoids, including real THC, as long as they follow the law.
That’s how companies like Cycling Frog exist. We operate outside the state dispensary system, but we’re still fully legal and fully legit. Still, a lot of folks (including regulators) see “THC” on a can or a gummy that’s not from a dispensary and assume it must be a loophole, a synthetic, or something sketchy.
It’s not.
It’s cannabis. Just made federally legal and more accessible thanks to the way we formulate, test, and label.
But this misunderstanding creates confusion, panic, and stigma. In some states, it’s already led to bans and restrictions on hemp products that were perfectly legal (and helpful to people who can’t access a medical or recreational market) to begin with.
And that’s the real problem.
The more people confuse “not from a dispensary” with “not safe or legal,” the more risk we face as an industry, even when we’re doing everything right.
What’s Happening Now (And Why You Should Care)
Here’s the part nobody loves but everybody needs to hear: Congress just made A Move™… and not the good kind.
In November, lawmakers passed a massive federal spending bill. Buried inside it (like… deep) was a last-minute amendment restricting all hemp-derived THC products. No debate. No hearings. No vote on the amendment itself. It just slipped in and passed because the government needed to be not-shut-down.
And yes: that language directly targets the products we make.
Under this new bill, the federal government will ban hemp-derived THC products starting November 12, 2026. That includes basically everything that made the 2018 Farm Bill such a breakthrough for accessible cannabis.
But before you spiral: take a big frog breath, because here’s the part that matters right now:
- Cycling Frog products remain 100% legal and available until November 12, 2026.
- We’re still shipping everywhere we always have.
- Nothing about your access changes today, tomorrow, or even this summer.
This is gonna be a super long political process, and nothing about it is final.
The next year is going to be full of action. The Senate already has its own version of the bill (without the ban), and both sides still need to negotiate. After that, the bill has to pass both chambers AND get signed by the President.
Historically… that process takes just short of forever, and gets rewritten a dozen times along the way.
TLDR; New bills, negotiations, hearings, and an entire hemp industry are already pushing back hard. This isn’t a done deal, and it’s definitely not the end of hemp.
And yeah… a federal ban would be bad. Not just for us, but for the $28.4 billion hemp industry, which is made up of thousands of small businesses, farmers, retailers, and millions of people across the country who rely on these products for rest, relief, creativity, connection, and care when they don’t have traditional access to a dispensary (including you).
Let’s be clear: this isn’t about safety. It’s about politics, profit, and outdated ideas about what cannabis is and who gets to access it.
We’re not against regulation, but we’re 100% against banning legal hemp just because it’s easier than understanding how it works.
That’s why your voice matters.
We’re Still Legal. But We Need You.
Let’s be clear: Cycling Frog is still 100% federally legal until November 12, 2026, if nothing changes (and we’re betting it will). Our drinks, gummies, and other products follow the rules set by the 2018 Farm Bill. They’re third-party lab tested, consistently dosed, and fully compliant.
We’re not going anywhere. But if you love this weird little frog and the freedom to sip your THC without navigating dispensary drama, federal, or state-by-state nonsense, we need your help.
Here’s what you can do:
- Tell your Senators and Representatives how hemp products support your life
- Post on social media. Share your story, share how you use hemp.
- Support advocacy groups pushing for new and better hemp legislation
- Share this blog with someone who’s confused about legality
- Talk about it online, IRL, at brunch, on the group chat. You’d be surprised how many people think THC seltzers are illegal just because they’re not from a dispensary. Not to mention… lawmakers tend to notice when the public gets noisy.
The truth is, we’ve built something special here: a space where cannabis is more approachable, more accessible, and maybe even a little more fun. We’re already working with national hemp organizations, lawyers, advocacy coalitions, and other brands to push for a sane, science-backed path forward.
We’ve pedaled through chaos before, and we’ll do it again. As long as we’ve got your support (and a little time), there’s still a future worth fighting for.
