Convenience Store Industry Says Congress Should Regulate Hemp THC Products Instead Of Banning Them

Advocates for convenience stores are celebrating a recently enacted delay in the effective date of a federal ban on hemp THC products, saying the move provides an opportunity to create regulations as an alternative to prohibition.

Convenience stores, they say, are an ideal place to continue to sell hemp products under any new rules that are enacted

“The convenience retail channel, with its well-established age verification procedures, is suited to selling hemp products to adults legally and responsibly,” Jon Taets, director of government relations for NACS, formerly the National Association of Convenience Stores, said.

“We look forward to working with Congress on a solution that not only protects children in our communities but also supports small businesses,” he said.

The group has “actively encouraged Congress to delay the hemp ban,” NACS said. “Doing so provides more time to develop a regulatory framework that allows for legal, safe sales of products containing hemp-derived THC to adults.”

“These products are an important category for convenience stores, which have experienced significant demand for THC beverages and other products from adult customers,” the organization said. “For c-store operators, the hemp-derived THC category could offer significant sales and growth opportunities, particularly in states that have passed legislation to regulate these products.”

Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that Trump signed during his first term in office. But late last year, the president signed new legislation containing provisions that redefined hemp to make it so only products with 0.4 milligrams of total THC per container would remain legal after November 12.

Now, however, under provisions included in a funding bill Trump signed last week, the effective date of the ban for most products is being pushed back to December 11 to give lawmakers more time to craft regulations for hemp derivatives.

There is a carve-out, however, to allow the recriminalization on November 12 of synthetic cannabinoids “that are not capable of being naturally produced by a Cannabis sativa L. plant.”

Melissa VonderHaar, the vide president of commercial strategy for iSee Store Innovations and chair of the C-Store Cannabis Board for CSP, said that the delay in the ban is “very important” but is “only step 1.”

“Retailers, now is the time to make some noise. Convenience sees more customers per day than any other channel,” she said in a social media post. “Get the signage up, leverage your loyalty apps to make sure your shoppers know: the ban is still coming and their voices matter. The write-in campaigns depend on VOLUME and our channel is uniquely equipped to deliver.”

VonderHaar told CSP that “this extension demonstrates what can be accomplished when the right partners work together toward a common goal.”

“Now, we need to build on that momentum and unify behind a regulatory framework we can get across the finish line by December,” she said.

Now that Trump has signed the delay of the ban into law, members of Congress are debating how—and whether—the crop’s derivatives should be regulated as an alternative to prohibition.

Several Republican lawmakers spoke to Marijuana Moment last week about the kinds of rules they would like to see enacted to keep hemp THC products legal.

A number of lawmakers from both chambers and both parties have filed or are circulating a growing number of bills to prevent the scheduled federal recriminalization of hemp THC drinks and other products. Until now, none of those proposals have gained traction with congressional leaders.

For example, Reps. Beth Van Duyne (R-TX) and Greg Landsman (D-OH) filed a bill to keep hemp THC drinks legal while taxing and regulating them like alcohol.

Rep. James Comer (R-KY), who chairs the House Oversight and Government Reform Committee, is circulating legislation that would delay a planned federal ban on hemp THC products and institute some regulations—including packaging requirements, testing rules and age limits.

Separately, Rep. Andy Barr (R-KY), filed a lengthier proposal to prevent the federal recriminalization of hemp THC products and put in place a number of regulations for manufacturing, labeling, sales and taxation of hemp-derived products, including an age limit of 21.

Trump and White House officials repeatedly pressed Congress to delay, alter or reverse the ban in recent months.

In a letter to House Speaker Mike Johnson (R-LA) in June, for example, White House Office of Management and Budget (OMB) Director Russell Vought said the Trump administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing Barr’s earlier amendment to keep many hemp products legal while adding regulations and taxes.

The administration “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products,” OMB separately said in June, “while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”

Also in April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products.

“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post.

“We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.”

Industry advocates say that the law as enacted last year not only threatens to prohibit intoxicating and synthetic cannabinoid products but also stands to remove popular full-spectrum CBD products that many Americans use therapeutically from the market.

“ONE in FIVE adults used it in the past year, and many say it improved their chronic pain enormously,” the president said in his social media post, adding that hemp-derived CBD “has made a HUGE difference for so many people.”

He also referenced a new initiative the administration launched in April to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients. The program being implemented by the Centers for Medicare & Medicaid Services (CMS) focuses largely on CBD but also allows products to have up to 3 milligrams of total THC per serving. A federal judge granted the government’s motion to dismiss marijuana legalization opponents’ lawsuit challenging the initiative, but that is being appealed.

“In December, I signed a very important Executive Order calling for Research and Innovation for Hemp-derived CBD,” Trump said. “Our wonderful Dr. Mehmet Oz moved fast to follow the directive in the Executive Order, and launched a model for some Seniors earlier this month. But more must be done!”

“Please get it done, and SOON,” the president said in reference to a congressional fix for the broad recriminalization set to take effect in November. “Thank you for your attention to this matter!”

Some members of the alcohol industry have also urged Congress to regulate, rather than ban, hemp products.

The National Restaurant Association recently sent a letter urging congressional leaders to delay the federal recriminalization of hemp THC beverages and replace it with a regulatory framework that “ensures consumer safety while meeting growing market demand” for the products as an alternative to alcohol.

Major retailer Target, meanwhile, recently moved to expand its sales of hemp THC drinks into more states.