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The US Senate has released a continuing resolution (CR) that, if passed, would extend the federal hemp THC ban from 12 November to 11 December.

The ban, passed in last year’s spending bill, is set to significantly restrict products containing hemp-derived THC that can be legally sold in the US. This includes a range of THC food and beverage products such as gummies and beverages – a market that has grown rapidly in recent years.

THC (tetrahydrocannabinol) is a psychoactive compound found in cannabis plants. Drinks containing THC have surged in popularity in the US adult and functional beverages market, as consumer drinking behaviours evolve and young adults seek alternatives to alcohol.

Under the new legislation, hemp products would be limited to a maximum of 0.4mg of THC per container. This will mean that most THC beverages, which typically contain between 2-5mg per can, will no longer be permitted for sale on the market.

The new CR would expire on 11 December, with the government funding extension providing opportunities for hemp farmers and product manufacturers to negotiate with lawmakers on a long-term solution – a move that has been welcomed by members of the industry.

If the new legislation is passed, only a ban on synthetic cannabinoids (rather than those naturally derived from the cannabis plant) will come into effect on the November date.

The US Hemp Roundtable praised the extension, writing in a statement: “We are grateful to bipartisan coalition of lawmakers who worked to ensure the hemp industry was not left behind in these critical funding negotiations”.

“This action provides Congress with additional time to develop a thoughtful, long-term approach to hemp policy rather than allowing a sweeping ban to take effect without fully considering its impact on American agriculture, small businesses and consumers.”

Tina Smith, US Democratic Senator from Minnesota – who pushed for a delay of the ban – commented: “Minnesota has created one of the strongest, most carefully regulated systems in the country to allow the sale of hemp products. The initial ban set to take place was ill-advised and would have hurt both hemp farmers and Minnesota breweries alike.”

She added: “While helpful to hemp farmers, brewers and consumers, we still need to work towards a long-term solution that will allow for the industry to move forward.”

Commenting on the news, Blake Patterson, chief revenue officer at THC beverage brand Keef, said: "We at Keef are thrilled that the tireless efforts of so many have provided this important step for the industry. Guardrails and regulations are going to be the backbone that sets the tone for everyone in the value chain, including retailers and wholesalers, to make sensible plans."

Meanwhile, Joe Gerrity, CEO and co-founder of THC beverage brand Crescent Canna, said Senate leaders did the "responsible thing" – but highlighted the "unsurprising, immediate resistance from a small group of special interests and lawmakers".

In particular, he pointed to the pushback from US Senator for North Carolina, Ted Budd, who has called for the amendment to be stripped from the CR – calling it a "dangerous loophole" and accusing hemp beverage brands of placing public health at risk through marketing that "appeals to children".

"If a substance causes intoxication like marijuana, it should be regulated as such – not given a free pass as 'hemp'. There is no loophole worth putting a child’s wellbeing at risk," he stated.

Gerrity described this as "par for the course," commenting: "As popular as these products are, there will always be entrenched interests trying to lock out the competition".

He added: "It's now up to constituents to make sure their elected representatives know that the federal government has no business banning products millions of law-abiding adults enjoy and benefit from. Consumers want these products, states have shown they can regulate them responsibly, and lawmakers have bipartisan frameworks in front of them. Congress needs to use this window to pass regulations."