CBD/Hemp

Unpacking the hemp-THC regulatory environment

At CSP's Cannabis Forum, Diana Eberlein highlights what's at stake for the c-store channel
Diana Eberlein at CSP's Cannabis Forum in Lombard, Illinois.
Diana Eberlein at CSP's Cannabis Forum in Lombard, Illinois. | CSP Staff

An impending Nov. 12 deadline that would ban most hemp-derived THC products poses an “existential threat” to the industry.

This insight comes from Diana Eberlein, chair of the Coalition for Adult Beverage Alternatives and chief communications officer for emulsion supplier Vertosa, who spoke Monday at CSP’s first Cannabis Forum in Lombard, Illinois. 

In her presentation, Eberlein unpacked the latest regulatory decisions reshaping these products, including a provision in the federal spending bill that would effectively ban the sale of intoxicating hemp-derived THC products beginning in November.

Eberlein said the deadline would ban all hemp products with more than 0.4 milligrams of psychoactive tetrahydrocannabinol, or THC, per container. Hemp-THC suppliers and distributors have until then before the full ban is enforced, unless the ruling is changed. 

Products exceeding the 0.4 milligrams would fall under the Controlled Substances Act, with no exceptions, Eberlein said.

Eberlein also outlined several legislative efforts to delay or regulate the ban, including a federal bill from a Republican lawmaker from Indiana. 

Rep. James Baird introduced H.R. 7010 that would push the effective date to November 2028 if passed.

She also pointed to the Hemp Enforcement, Modernization and Protection (HEMP) Act, a bipartisan bill that would authorize the Food and Drug Administration to regulate hemp-derived THC products, including beverages and edibles made with cannabidiol (CBD). This measure was introduced in January by Rep. Morgan Griffith (R-Virginia) and Rep. Marc Veasey (D-Texas).

Eberlein said these proposals signal growing “interest in regulation versus prohibition.”

When it comes to convenience-store operators, Eberlein said taking an active role in advocacy is important.

“If you want to sell it, you have to advocate for it at the state and federal level,” she said. “You know who’s in your stores on a regular basis. Use that to your advantage when you’re having conversations with regulators and legislators.”

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