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Hemp Yourself > Blog > Wisconsin News > Hemp store owners fear federal ban would wipe THC products from shelves
Wisconsin News

Hemp store owners fear federal ban would wipe THC products from shelves

Hemp Yourself
Last updated: July 22, 2026 8:20 pm
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Hemp Store Owners Voice Concerns Over Federal Provision That Could Ban Products

Background on the 2018 Farm Bill and Proposed Changes

The 2018 Farm Bill established a legal framework for hemp, defining it as cannabis plants containing no more than 0.3 percent delta‑9‑tetrahydrocannabinol (THC) on a dry weight basis. This threshold allowed the sale of a wide range of hemp‑derived products, including CBD oils, edibles, beverages, and topicals, as long as they stayed below the limit.

A provision tucked into the recent federal spending bill would significantly lower the allowable THC concentration for hemp‑derived products. Industry observers note that the change would effectively outlaw many items currently on shelves, even those that contain only trace amounts of THC and do not produce psychoactive effects.

Business Owner Perspective: Erin Kelly of Kelly’s Greens

Erin Kelly, who operates Kelly’s Greens in Wauwatosa, Wisconsin, says the potential change would devastate her store. “Every single product in here would be outlawed,” Kelly told TMJ4. Her shop offers a variety of CBD and THC‑infused items—desserts, gummies, drinks, and seltzers—all produced within the state.

Kelly emphasized that even CBD products that rely on a small amount of THC for efficacy would be impacted. “It would eliminate CBD products, even if there are no euphoric effects, because our CBD has 0.3 percent of THC or less to make it effective medicine, and so removing that, it would destroy the product and it would no longer be effective,” she said.

She questioned the rationale behind criminalizing a plant that has been cultivated for generations. “So are we saying that a mother giving her child CBD because there’s a trace amount of THC, a plant that has been grown in this country for thousands of years and helped millions of people, that’s a crime? I don’t think so,” Kelly added.

Legislative Viewpoint: State Representative Jim Piwowarczyk

State Representative Jim Piwowarczyk (R‑Washington County) supports the federal move to restrict hemp‑derived THC products. He authored a similar bill at the state level last month, arguing that the current market resembles a “wild, wild west.”

Piwowarczyk’s primary concern is protecting children from easy access to products containing THC variants such as delta‑8 and delta‑10, which are sold in gas stations and other convenient locations. “With that loophole, products that contain these THCs … are being sold in gummies, in vapes, being sold… product seltzers are being sold in gas stations. And our children have access to it, and quite honestly, my number one priority is the protection of our children,” he said.

He also noted that hemp entrepreneurs assumed a risk when entering the market. “I would say you guys took a gamble when you decided to open up your hemp businesses,” Piwowarczyk remarked.

Potential Impact and Timeline

If the spending bill passes Congress and is signed into law by President Trump, the ban would not take effect for another year. This grace period would give hemp store owners time to assess their inventory, consider reformulating products, or explore alternative business models.

Industry advocates warn that a abrupt removal of these products could push consumers toward states where marijuana is fully legal, potentially undermining local economies and reducing access to wellness options that many residents rely on for sleep, pain relief, and inflammation.

Looking Ahead

The debate highlights a tension between public safety objectives and the growing consumer demand for hemp‑derived wellness products. As lawmakers continue to review the provision, stakeholders on both sides are urging a balanced approach that safeguards youth while preserving legitimate market opportunities for businesses that comply with existing federal standards.

For the full original report, see the TMJ4 article: Here

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