When Congress earlier this month passed the bill to end the government shutdown, members also agreed to language that effectively bans most hemp-derived THC products nationwide.
Kayla Moon, founder and CEO of Happy Trails Medicinals, which has stores in Green Bay, Appleton and Shawano, said the law could prove to be disastrous to the industry.
“It’s pretty detrimental,” she said. “Our customers use a lot of THC products with higher levels of THC than will be allowed. That’s what is so heartbreaking. In addition to the thousands of jobs, so many people with stage 4 cancer, chronic pain, those that don’t want to use drugs from Big Pharma and its side effects, they are the ones who will be affected most.”
The recent change in federal law dramatically reduces the federal limit for THC in these products to 0.4 milligrams per container. The only products left standing would be ones that contain virtually no THC and industrial hemp. Most CBD products would be banned under the law.
Business owners and advocates say this change will kill the hemp business, a $28 billion industry that employs about 300,000 people nationally.
Hemp and marijuana both belong to the Cannabis genus, but they are chemically distinct.
THC is the substance that is primarily responsible for marijuana’s trademark psychological effects. Hemp is a plant related to marijuana that produces THC at a much lower level.
These THC- and CBD-labeled products, which include oils, tinctures, capsules, balms, edibles, and beverages, are frequently utilized to address various symptoms such such as anxiety, insomnia, headaches, joint and muscle discomfort and PTSD.
The new law closed a loophole in the 2018 Farm Bill.
Moon pointed out that in the 1940s, Wisconsin was the nation’s leader in industrial hemp production.
The legal definition of hemp now applies a total THC limit of not more than 0.3%, which includes all forms of THC, such as delta-9 THC and THCA. Previously, the 2018 Farm Bill only limited delta-9 THC concentration, allowing products with high levels of other intoxicating cannabinoids like delta-8 or THCA to be sold.
The ban specifically targets products containing cannabinoids that are synthesized or manufactured outside of the Cannabis sativa plant or not naturally produced by it.
The new law will take effect in November 2026.
Moon said there is hope in Wisconsin. Senate Bill 644 was recently introduced in the state legislature.
The bill defines “intoxicating cannabinoid” to include various THC compounds and others that cause intoxication. An “intoxicating hemp product” is defined by its concentration of intoxicating cannabinoids, such as exceeding 0.3% delta-9 THC or specific limits for beverages and edibles.
It also restricts the sale and access of “intoxicating hemp products” to those 21 and older.
“This is very exciting for Wisconsin and really crucial for the hemp industry,” Moon said. “We have a chance to be a leader instead of a follower.”
kpasson@newmedia-wi.com
