Wine & Spirits Wholesalers of America Urges Congress to Protect State Authority to Allow Hemp THC Products

Wine & Spirits Wholesalers of America (WSWA) today expressed support for Congressional efforts to eliminate synthetic and novel cannabinoids from the hemp-derived product market, while urging lawmakers to avoid the potential prohibition of naturally-derived, state-regulated Delta-9 THC hemp products.

The language appears in Section 759 of the proposed FY2026 Agriculture–FDA appropriations bill (H.R. 9027), passed by a subcommittee last week, which could allow for a federal ban on products containing naturally occurring cannabinoids.

“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. “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.”

WSWA urges lawmakers to remove Section 759, (1), (C), (ii), (III) of the bill that 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. Removal of this language would 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.

In this year alone, more than 30 state legislatures have considered over 130 bills regarding the regulation of hemp-derived products in the absence of comprehensive Congressional action. Last week, Tennessee Governor Bill Lee signed one of the most comprehensive regulatory structures to date into law including elements of age-gating, labeling requirements, testing standards, licensing structures, taxation, and more.

“The House Appropriations Committee has taken the wrong course by advancing a potential ban on naturally occurring hemp-derived products like Delta-9,” said Best Brands of Tennessee CEO Ryan Moses. “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. 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,” Moses added.

“We’ve invested in jobs, infrastructure, and compliance to bring accountability to this space—efforts that would be wiped out overnight, handing the market to unregulated bad actors. We urge Congress to respect our business and citizens. A total ban would be devastating,” said Shawn Lederman of Greenlight Distribution in Florida.

“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,” said John Giarrante, President of Show Me Beverages in Chesterfield, Missouri. “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 remains committed to advancing responsible, regulated markets for all beverage alcohol and cannabinoid-based products and continues to call for comprehensive federal and state reforms that prioritize consumer safety, regulatory clarity, and state authority.

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