Tilray Brands' 2025 THC drink formats exceed pending December 11 hemp limit
Congress delayed the new 0.4-milligram finished-product threshold to Dec. 11, leaving Tilray's disclosed U.S. drink formats above it.
Theo Marchetti
Congress delayed parts of the federal hemp definition on Sept. 2, setting Dec. 11 as the effective date for a 0.4-milligram limit on certain finished cannabinoid products. Tilray Brands, Inc. NASDAQTLRY TSETLRY has described hemp-derived drinks with 5 or 10 milligrams of delta-9 THC per can, both above that pending threshold.
The Congressional Research Service said on Sept. 28 that the revised definition excludes finished hemp-derived cannabinoid products containing more than 0.4 milligrams of combined THC and similar cannabinoids per container. Its analysis says the Sept. 2 law postponed portions of the definition from Nov. 12 to Dec. 11, 2026. The federal measure changes which finished products qualify as hemp; it is not a new Tilray licence decision.
Tilray shares closed at US$3.61 on Nasdaq, up 1.12 per cent, at 4 p.m. EDT on Oct. 2, according to the NASDAQTLRY quote.
Tilray's Aug. 12, 2025 product release announced 10-milligram versions of Fizzy Jane's and Happy Flower drinks alongside their 5-milligram versions. It did not disclose current revenue from either brand. The disclosed dose comparison identifies a product risk, but the release does not establish a dollar amount of sales at stake.
The Limit Applies To Each Container
The 0.4-milligram figure is a per-container test for finished hemp-derived products, according to the Sept. 28 congressional analysis. That differs from the 2018 federal hemp definition, which used a 0.3 per cent delta-9 THC concentration on a dry-weight basis. The newer rule counts the total amount in the sealed container, rather than relying only on the percentage concentration used in 2018.
"Each can delivers either 5mg or 10mg of THC, offering a perfectly calibrated dose of relaxation," Tilray said of Happy Flower in its Aug. 12, 2025 release.
Tilray said in that same 2025 release that Fizzy Jane's 10-milligram format was available online in selected markets and at retailers across 10 states, including New Jersey, Ohio and Florida. Those are distribution claims as of Aug. 12, 2025, not a count of current stores or an estimate of today's sales. The company also listed 5-milligram options for both brands at that time.
Tilray's Sept. 24, 2024 launch announcement named four U.S. hemp-derived THC drink brands: 420 Fizz, Herb & Bloom, Fizzy Jane's and Happy Flower. It specified 5 milligrams per can for each initial offering. The later 2025 release expanded two of those brands to 10-milligram formats, leaving both disclosed strengths above the coming federal per-container line.
The comparison concerns Tilray's hemp-derived U.S. beverage formats. The company also has regulated cannabis products and alcohol brands, according to its 2024 release; a per-container comparison alone cannot quantify an impact on consolidated revenue. The dated product releases cannot establish what formulations Tilray will offer when the new definition takes effect.
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The next fixed date is Dec. 11, when the delayed federal definition is scheduled to apply to finished products. At the strengths Tilray disclosed, its named hemp-derived drinks would exceed the 0.4-milligram per-container threshold if their formulations remain the same.
