A federal ban on intoxicating hemp products takes effect Dec. 11 — unless Congress attaches a regulatory bridge to a must-pass vehicle during the lame-duck session, an outcome growers, beverage makers and trade groups are now scrambling to shape.

The bridge, negotiated by the U.S. Hemp Roundtable with roughly a dozen other hemp and beverage organizations, would tighten sales-to-minors rules, block hemp from China, and pull products with packaging designed to imitate brands like Sour Patch Kids. It would not resolve every open question in hemp policy.

"Anything comprehensive is going to need hearings and markup and a lot of discussion," Jonathan Miller, general counsel for the U.S. Hemp Roundtable, told Agri-Pulse. He framed the bridge as a short-term fix: "Let's immediately crack down on the bad actors, and then let's focus on these other measures as a more permanent solution in 2027."

What does the bridge cover?

The roundtable's proposal targets three problem areas: underage sales, Chinese-origin hemp and child-aimed packaging. It stops short of the structural overhaul that several pending bills attempt. Miller acknowledged internal disagreement, noting "factions within the industry that disagree with certain approaches" are not part of the negotiations.

Geoff Whaling, chair of the National Hemp Association and the Hemp Education and Marketing Initiative and founder of rePlant Hemp Advisors LLC, is working on a separate 24-page version of his "Goodness of Hemp Act." That bill would eliminate synthetic cannabinoids, open animal feed markets and cut red tape for grain and feed farmers.

"What we're proposing is a starting point. It is certainly not a finishing point," Whaling said. "We have taken the position that we are not advancing intoxicating products, but we are advancing low-dose hemp and cannabinoid products."

Who opposes the bridge?

Rep. Andy Harris, R-Md., and Sen. Mitch McConnell, R-Ky., authored the original ban language. Whaling says McConnell's office has signaled it will not support any provision creating a beverage segment with intoxicating potential, but would not block a bill if those products are strictly regulated.

Whaling said he spoke twice with Harris during the midterm GOP convention in Dallas. "He said, 'Jeff, when you're ready, send it to me because if it is as good as what you're saying, we might have something to work with,'" Whaling said.

Chris Lindsey, vice president of policy and state advocacy for the American Trade Association for Cannabis and Hemp, urged Congress to reject any further delays. "Congress overwhelmingly voted last November to close the farm bill loophole, which allowed synthetic THC products to proliferate across the nation, often without regulation and available to minors," Lindsey said.

Harris voted against the most recent continuing resolution because it delayed the ban. The CR passed anyway.

What do the competing bills do?

At least five hemp bills are pending, each taking a different approach:

• Lawful Hemp Protection Act (Rep. Andy Barr, R-Ky.): Raises the legal THC threshold to 1% from 0.3% on a dry-weight basis, blocks sales to anyone under 21, and taxes hemp-derived beverages and revenue.
• Hemp Safety Enforcement Act (Sen. Rand Paul, R-Ky.): Lets states or tribal governments take over hemp regulation.
• Hemp Enforcement, Modernization and Protection Act (Rep. Morgan Griffith, R-Va.): Triggers FDA rulemaking on CBD milligram limits, sets age limits, and requires FDA registration of manufacturing and labeling facilities.
• Beverage Regulatory Parity Act (Rep. Beth Van Duyne, R-Texas): Creates an alcohol-style three-tiered distribution system for hemp beverages, bars kid-directed marketing, institutes a federal excise tax, and caps THC at 5 milligrams per serving.
• Cannabinoid Safety and Regulation Act (Sen. Ron Wyden, D-Ore.): Sets a federal age limit of 21, mandates FDA registration and testing for potency, pesticides, heavy metals, chemical byproducts and additives.

The Goodness of Hemp Act has not yet been introduced. Whaling said a Pennsylvania Republican on the GOP Steering Committee and Appropriations Committee is carrying it.

How are beverage makers responding?

Joe Gerrity, founder and CEO of New Orleans-based Crescent Canna, which sells THC seltzers, said the Barr bill aligns most closely with his company's interests. "It basically does everything that we want. It creates an age barrier for the consumption of these products. It tightens up the manufacturing requirements," Gerrity said.

Gerrity called Van Duyne's bill constructive but too restrictive. The 5-milligram cap, he said, sits below the 10 milligrams most products contain. He has already cut staff.

"We laid off almost our entire sales team about four months ago because we can't just keep operating as if the future is bright when the uncertainty is palpable," Gerrity said.

What happens if Congress misses the deadline?

If lawmakers do not act, intoxicating hemp falls under the same federal category as marijuana. That shift would clear the way for a broader federal cannabis debate — but it would also shut down most of the current beverage market overnight.

Chris Karazin, CEO of hemp company Carolindica, called for another extension. "While there are a lot of good ideas being put forward right now, which we believe shows that lawmakers are open to a solid regulatory system for hemp products, even with the extension, there is simply not enough time to do this right," he said.

Whether the bridge clears Congress before Dec. 11 will hinge on whether Harris and McConnell withhold support, and whether leadership attaches the language to a continuing resolution or an omnibus package.