A bill designed to reopen the U.S. government is carrying a provision that may impact your cannabis use. The provision might lead to a potential ban on 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 includes 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 just in case. For consumers who rely on, prefer or regularly buy hemp-derived THC products, the possible regulation shift signals potential scarcity ahead.

If these provisions become law, you can expect that:

• 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.

If you have choice brands or formulations in rotation, shop now. Here are some of our favorites:

Key Caveats to Keep in Mind

While we’re all panicked, remember, this isn’t a done deal yet. The bill still must pass the House and receive the President’s signature. Some senators (notably, Rand Paul R-Ky.) are trying to strip the hemp language and have signaled potential delays. Also, the language would preserve “non-intoxicating CBD and industrial hemp” products, meaning this is a targeted rather than wholesale ban.

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.** **