WSWA Expresses Concern Over Proposed Ban on Naturally-Derived Hemp Products in FY2026 Agriculture–FDA Appropriations Bill

In a recent press release (1), the Wine & Spirits Wholesalers of America (WSWA) “expressed support for Congressional efforts to eliminate synthetic and novel cannabinoids from the hemp-derived product market, while urging Members of the House Appropriations Committee to strike specific language in the proposed FY2026 Agriculture–FDA appropriations bill during full committee markup to avoid the potential prohibition of naturally-derived, state-regulated Delta-9 THC hemp products.”

In the bill, Section 759 contains language that could place a federal ban on hemp products that include “naturally occurring cannabinoids,” (1).

“WSWA supports the subcommittee’s action to eliminate synthetic, unnatural cannabinoids that are a threat to public health and safety,” said Francis Creighton, WSWA President and CEO (1). “But prohibition of all cannabinoids is not the answer—it risks sweeping up state regulated and Farm Bill compliant hemp-derived products that have driven a new and dynamic market. Under attempted complete prohibition, bad actors dealing in potentially harmful products will continue to operate and thrive in the shadows, while state regulatory structures that protect public safety will be put in conflict with Federal law.”

In the press release, WSWA cite Section 759, (1), (C), (ii), (III) of the bill (1,2). They explained that the legal verbiage (1), “excludes quantifiable amounts of THC, including THC acid, or any other cannabinoids that have any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as THC, as determined by the Secretary in consultation with the Secretary of Health and Human Services.” WSWA would like to have these sections of the proposed FY2026 Agriculture–FDA appropriations bill removed as it would help (1), “preserve state authority, protect compliant businesses, and ensure clarity for consumers and regulators.”

“States have stepped up to fill the regulatory vacuum, and Congress must be careful not to undermine their progress,” said Creighton (1).

“The House Appropriations Committee has taken the wrong course by advancing a potential ban on naturally occurring hemp-derived products like Delta-9,” expressed Ryan Moses, Best Brands of Tennessee CEO (1). “Best Brands has invested heavily in this emerging sector—hiring new employees, building responsible delivery infrastructure, and bringing our decades of experience and legitimacy to a marketplace that desperately needs accountability. This action threatens to erase those efforts overnight, resulting in job losses, economic harm, and a handover of the entire category to unlicensed bad actors who operate without regard for public health or safety.”

“Tennessee just passed legislation to regulate this market—creating a responsible framework at the state level that reflects the will of our citizens and the needs of our economy,” Moses added. “This current legislation would set back the hard work of the Tennessee legislature and businesses who are ensuring this socially sensitive product is handled correctly. Responsible businesses like ours should be part of the solution, and we welcome the opportunity to work hand-in-hand with Congress to ensure that these products are responsibly manufactured, distributed, and sold.”

“The House Appropriations Committee’s proposal to ban naturally occurring hemp-derived products like Delta-9 will undermine the legitimate and responsible work we’ve done to meet consumer demand while prioritizing public health and safety,” commented John Giarrante, President of Show Me Beverages in Chesterfield, Missouri (1). “We’ve built a compliant, transparent business to bring structure and legitimacy to this fast-growing market. This action would not only undo that progress but also have a harmful economic impact—putting jobs at risk and handing the entire category over to unlicensed, unregulated actors with no regard for safety or accountability."

WSWA posted a link to their statement on X and said (3), “WSWA urges Congress to revise language in the FY2026 Ag-FDA bill that could unintentionally ban compliant, naturally derived Delta-9 hemp products.”

References

1. WSWA urges Congress to remove language in proposed agriculture-FDA appropriations bill to protect state authority of Hemp Markets https://www.wswa.org/news/wswa-urges-congress-remove-language-proposed-agriculture-fda-appropriations-bill-protect-state (accessed Jun 11, 2025).
2. https://docs.house.gov/meetings/AP/AP00/20240613/117435/BILLS-118-FC-AP-FY2025-AP00-FY25FSGGFullCommitteeMark.pdf (accessed Jun 11, 2025).
3. https://x.com/WSWAMedia/status/1931022631915954442?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1931022631915954442%7Ctwgr%5Ed036496e041f35336c43d63ff0650c40109a127b%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.marijuanamoment.net%2Fmajor-alcohol-industry-group-pushes-congress-to-dial-back-proposed-hemp-product-ban%2F (accessed Jun 11, 2025).