This week, U.S. Congressman Morgan Griffith (R-VA) and U.S. Congressman Marc Veasey (D-TX) introduced the Hemp Enforcement, Modernization and Protection (HEMP) Act in Congress.
“The bill creates a first-of-its-kind federal regulatory framework for hemp-derived [cannabidiol] (or CBD) products intended for human use within the Food and Drug Administration (FDA),” the bill states. The proposed bill would only regulate hemp-derived products and not cannabis; cannabis is explicitly prohibited from being regulated through this proposed pathway.
The HEMP Act proposes that the FDA initiate a rulemaking process to set milligram limits on intoxicating hemp beverages and CBD products. If the FDA fails to release a final rule within three years of the measure’s enactment, federal law will automatically establish CBD intoxicating limits of 5 milligrams per serving and 30 milligrams per package.
“Despite raising repeated concerns about the ongoing confusion regarding the safety, consumption and sale of CBD-containing products until a discussion draft of this bill was circulated, I believe we have yet to see meaningful progress at the federal level,” Griffith said.
“The HEMP Act is what we have been asking for from Congress. Regulation and clarity for the Intoxicating Hemp Beverage and CBD market ... not prohibition. NACS will be working closely with Rep. Griffith and other like-minded groups to support this commonsense legislation," said Lyle Beckwith, NACS senior vice president of government relations.
NACS has been at the forefront of pushing for federal recognition and regulation of THC and hemp products for a number of years and has argued for appropriate FDA regulation of hemp-derived CBD products since the 2018 Farm Bill legalized them.
NACS was also an early member of the Coalition of Cannabinoid Policy, Education & Regulation, which is seeking federal guardrails around THC regulation, including safety regulations and age verification.
Last November, the Senate passed legislation that effectively bans intoxicating hemp beverages later in 2026 as part of the package to reopen the federal government. This month, Indiana Congressman Jim Baird introduced legislation to delay the ban on these products, proposing to push the ban’s enactment to November 2028.
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.
[Read more about intoxicating hemp beverages in “A Seed of Opportunity” from the August 2025 issue of NACS Magazine.]
The NACS government relations team is closely monitoring legislation around hemp-derived products. To maintain a level playing field, NACS supports regulation of these products to ensure they are sold legally and responsibly. Read more about advocacy for hemp-derived products.