The U.S. Senate has advanced a government funding bill that includes strict regulations that could effectively kill the hemp-derived THC market.
Update: Congress Banned Hemp THC, but the Industry Still Has a Year to Fight It
The Senate Appropriations Committee said the new language "prevents the unregulated sale of intoxicating hemp-based or hemp-derived products, including Delta-8, from being sold online, in gas stations, and corner stores, while preserving non-intoxicating CBD and industrial hemp products."
The bill still needs to get through the House before it heads to President Trump's desk but many in the U.S. hemp industry are already blasting the legislation and that devastating effects it could have on the nation's nearly $30 billion hemp market.
The Texas Hemp Business Council said banning hemp-derived THC products will cause farmers to lose critical markets, small businesses to close, consumers and veterans to turn to illegal markets, state regulatory systems to be overridden, and more than 300,000 people to lose their jobs.
“Hemp is too vital to the American economy and to the livelihoods of millions to be dismantled by rushed, politically driven legislation. As we proved in Texas, we will continue to pursue every legal and legislative option to overturn these harmful provisions and restore a fair, science-based system that continues to protect minors, ensure product safety and preserves the economic opportunities Congress created in 2018," the group said in a statement.
The U.S. Hemp Roundtable suggested that the language could also negatively impact non-intoxicating hemp products.
"Despite misleading claims this language protects non-intoxicating CBD products, the reality is that more than 90% of non-intoxicating hemp-derived products contain levels of THC that are greater than the proposed cap of .4 mg per container. As a result, seniors, veterans, and many other consumers who depend on hemp for their health and well-being would be violating federal law to purchase these products, disrupting their care and leaving them scrambling for potentially harmful alternatives," the group said in a statement.
Angus Rittenburg, CEO and Co-Founder of WYNK, a hemp-derived THC beverage maker, said the ban would take away one of the most popular alternatives to alcohol.
This isn’t just a policy debate. It’s about distinguishing between responsibly made, low-dose beverages like Wynk—and the unregulated, high-potency products that have flooded the market in the absence of clear federal guidelines.
"It’s also about meeting consumers where they are. Millions of adults across the country have made it clear they want balanced, non-alcoholic options for social enjoyment, including low-dose THC beverages," he said in a statement. "The demand is real, and growing. Our industry has responded by creating safe, transparent, rigorously tested products sold through age-gated retail."
