The hemp industry is scrambling to regroup and preparing a major lobbying push after lawmakers passed a government funding bill that, according to industry leaders, could effectively make most hemp products illegal, The Hill reports.
According to the U.S. Hemp Roundtable, most hemp products currently sold, which even includes non-intoxicating ones, contain more than 0.4 milligrams of THC, putting them over the proposed limit.
In a statement released Thursday, the group acknowledged that the funding bill dealt the industry a major setback but expressed optimism about recovering, noting that the legislation allows a one-year window before the restrictions are enforced. “We’re disappointed, but not defeated,” the group said. “Our new mission, friends: 365 days to regulate, NOT ban.”
Also found in the summary from the roundtable: The group stresses that the new hemp restrictions were driven by misinformation and political pressure tied to the government shutdown, not sound policy. They warn the measure will hurt legitimate CBD products and push unregulated ones underground.
Houston Chronicle reports, Donald Trump signed the THC ban Wednesday night, which includes a ban on a lot of THC products. The last-minute addition to the government funding deal to end the shutdown tightens up the 2018 Farm Bill’s definition of hemp. This provision, which many are saying is unnecessary, effectively closes the loophole that made intoxicating hemp-derived cannabinoids (like delta-8 and delta-10) legal to sell in much of the country.
The following products would be banned, according to Newsweek:
- Any gummies, chocolates, baked edibles, chews, vapes, oils, tinctures with a THC dose higher than 0.4 mg per package or container
- Virtually any other product with any THC dose higher than 0.4 mg per package or container
- Any consumer products containing delta-8 THC, delta-10 THC, HHC, and THCA
The bill designed to reopen the U.S. government was carrying a provision that impacts your cannabis use. The provision bans the sale of many hemp-derived products that contain intoxicating forms of THC. On November 9, the U.S. Senate approved a continuing resolution that included a clause preventing the “unregulated sale of intoxicating hemp-based or hemp-derived products, including delta-8 [THC]” in places like gas stations, corner stores, and online.
The proposed measure redefines “hemp” in crucial ways. Under the provision, a finished hemp-derived cannabinoid product must contain no more than 0.3% total THC (including delta-9 and similar cannabinoids) and no more than 0.4 milligrams of total THC per container, according to Cannabis Business Times. The language also prohibits use of “synthetic” cannabinoids or those manufactured outside the plant and appears aimed at shutting the door on many of the newer hemp-derived intoxicating products.
Why THC Industry Alarm Bells Are Ringing
So where does that leave your favorite THC seltzer, vape, or sleep gummy? In limbo, basically. What looks like a quiet policy tweak could actually gut an entire industry overnight. (Yeah, we’re sweating too.) The U.S. Hemp Roundtable says the move could wipe out 95% of the current market, putting 300,000 jobs and $1.5 billion in state tax revenue on the chopping block.
Producers say they were blindsided and caught off guard by the fact that this potential ban wasn’t floated in some big debate about hemp policy, but buried deep in a government-funding bill instead.
Consider Stocking Up on Your Favorite THC Products
While things are still unfolding, it might be a good time to stock up on your favorite THC products. For consumers who rely on, prefer or regularly buy hemp-derived THC products, the possible regulation shift signals potential scarcity ahead.
If you have choice brands or formulations in rotation, shop now just in case they are impacted. Here are some of our favorites:
Delta-8 Gummies (opens in a new window)
So What Products Could Actually Be Banned?
Details matter. Anything hemp-derived that gets you high could be on the chopping block. The new proposal doesn’t just go after delta-8 THC; it takes aim at any intoxicating hemp product, including delta-9, delta-10, THCA, and other lab-made or “synthetic” cannabinoids that don’t naturally occur in the plant. Basically, if it’s sold online or at your local smoke shop and promises a buzz, it’s at risk.
But figuring that out as a shopper? Not so easy. Most packaging lists confusing chemical names, and a lot of brands don’t clearly say whether their cannabinoids were plant-derived or made in a lab. A gummy or vape might technically stay under the old 0.3% delta-9 THC limit and still get flagged under the new “total THC” cap.
Unless amendments are made, you can expect the following:
- Many existing products may become illegal to manufacture or sell under the new cap and definitions.
- Supply could shrink, prices may increase, and certain variants (especially delta-8, delta-9 or other “intoxicating” hemp products) might disappear from shelves.
- Retailers and manufacturers might face hard choices, like reformulate to meet the new limits, shift into regulated cannabis channels, or exit the market entirely.
For now, the easiest rule of thumb: if it’s hemp-based and intoxicating, assume it could be banned. Keep an eye out for terms like delta-8, delta-10, THC-P, or HHC. And, if your go-to product promises relaxation or euphoria, you might want to stock up while you still can.
Key Caveats to Keep in Mind
State-by-state enforcement may also vary, and some companies may “grandfather” existing products while others may pivot to new models. And as with any “buy ahead of regulation” play, there’s still risk: your preferences might change, formulations of products could evolve, and perhaps regulatory outcomes might shift.
Keep the tab open—these go hard too:
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