Tucked into the 141 pages of the federal funding bill that must be approved for the government to reopen after a weeks-long shutdown is language that would ban the sale of all intoxicating hemp-THC products.
The $26.65 billion Agriculture, Rural Development, Food and Drug Administration (FDA), and Related Agencies Appropriations bill for Fiscal Year 2026 would ban 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 a summary published by the Senate Appropriations Committee on Sunday.
On Sunday, an eight-member bloc of Senate Democrats joined Republicans in voting in support of the spending package, advancing it in hopes of ending the country’s longest government shutdown. The bill still requires House approval and a signature from President Donald Trump.
On Monday, Sen. Rand Paul (R-Kentucky), known for his outspoken support of hemp and hemp-THC, said on the social media platform X that he had “just filed an amendment to strike the provision.”
“There is extraneous language in this package that has nothing to do with reopening the government and would harm Kentucky’s hemp farmers and small businesses,” Paul said on X.
For convenience retailers and suppliers who are currently selling hemp-THC beverages and other products, the potential ban threatens to destroy an industry that has been forecasted to grow from $382 million last year to nearly $750 million by 2029, according to the Brightfield Group.
“It’s very concerning,” said Scott Estrella, senior category manager for MAPCO c-store chain parent, Lawrenceville, Georgia-based Majors Management. “We’re all concerned about it.”
MAPCO has been selling hemp-THC products in Maine for about a year and launched in 24 stores in Ohio about a month and a half ago. The chain plans to expand the channel to Indiana, North Carolina, Florida and Georgia in the near future. Sales of hemp-THC products in Ohio have eclipsed Maine’s sales in just 40 days, he said.
“It’s doing very well,” Estrella added. “What we’re all concerned about is the sustainability of it … There needs to be more clarity on the regulations. What everybody’s looking for is clarity.”
Suppliers, too, are concerned about the potential of a federal ban on hemp-THC products.
“Everyone loses with a ban,” said Blake Patterson, chief revenue officer for Boulder, Colorado-based Keef Brands, a cannabis beverage brand founded in 2010. “It’s short sighted and, if executed, will be done so out of spite, not good business or customer safety, as has been touted. You have a clear majority of the hemp industry that is begging for responsible, if not conservative, regulations with clear (and current) paths to market and appropriate taxes.”
Hemp-THC suppliers and others are urging stakeholders to make their voices heard at the federal level.
Here are some action items from Melissa Vonder Haar, managing director of TradeWorks from iSee and chairperson of CSP’s C-Store Cannabis Forum:
- Contact senators and congress-people ASAP
- Ideally via phone and email
- Share personal information about your business (# of stores, # of employees, # of customers served, how you engage with your communities, etc.)
- Share the size of the current hemp industry: more than 320,000 jobs and generates over $13 billion in wages annually
- Share concerns on how previous bans have had a negative impact on public health AND business
- Urge your representatives to vote against any spending bills that include a ban on intoxicating hemp products and ask them to instead work with engaged brands and responsible retailers to develop regulations over prohibition to best protect the health of consumers.
- Contact their industry associations/trade groups
- Ask them to also contact senators and congress-people they've been engaged with and encourage them to oppose ban language on behalf of the convenience industry
CSP will host its inaugural Cannabis Forum March 23-26, 2026, in the Chicago area. For more information, contact Michael Marino, senior director of retail relations, at Michael.Marino@informa.com.
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