Congress this week approved government funding legislation and tucked into that appropriations bill is language that could effectively kill the country's $28 billion hemp-derived THC industry.
The bill "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."
According to the Texas Hemp Business Council the ban 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.
But the U.S. Hemp Roundtable this week issued a hopeful reminder that due to a major concession, the ban doesn't kick in until November 13, 2026.
“The next year will be critical in determining the future of hemp. As a significant American industry, we are committed to sharing with Congress the real story about hemp. Because the truth is that good actors in the industry have created a self-regulation authority to protect consumers. But we need Congress’ help to keep the bad actors out. Hemp is here to stay – let’s do it right," said U.S. Hemp Roundtable President Art Massolo in a statement.
Kim Sanchez Rael, CEO and co-founder of Azuca, a company specializing in emulsion tech for THC edibles, also shared some optimism.
"This moment offers us a chance to elevate the conversation, align our partners with long-term value, and reinforce that the hemp plant, when properly regulated, can deliver meaningful consumer experiences, new formats, and market growth. Let’s mobilize accordingly," she said in a statement.
One of the next steps for the hemp-derived THC industry will likely be supporting efforts by Rep. Morgan Griffith (R-VA) and other lawmakers to introduce a bill that would replace a total ban with regulation of hemp products, including requiring good manufacturing practices, truth in labeling, bans on synthetic THC, and strong measures to keep products out of the hands of children.
