WAUKESHA, Wis. — From gummies and sleep aids to beverages and topical products, Wisconsin businesses that sell hemp-derived THC products are preparing for major federal changes that could affect what they are allowed to keep on their shelves.
At Ethereal Gold Dispensary in Waukesha, the warnings are already up. A sign on the door tells customers about restrictions expected to take effect Dec. 11, and the business is handing out information with purchases.
“December 11 is really when they decide if the hemp industry is going to continue or not,” owner Bill Fuchs said.
Fuchs said products that could be affected include “cannabis edibles, cannabis beverages, [and] some of the cannabis topicals.”
But businesses are watching two separate dates.
The first is Nov. 12, when restrictions involving synthetic cannabinoids are set to take effect under changes to federal law. Jeremy Smith, CEO of TabEASE, said businesses are still trying to determine exactly what products will be affected.
“As of right now there is this dooming November 12 date for synthetic cannabinoids,” Smith said. “But if a federal agency can define a synthetic cannabinoid, I would have something to reference.”
According to the Congressional Research Service information cited by the businesses, the Food and Drug Administration was directed to develop a list related to the cannabinoids covered by the change. Business owners say the lack of clarity has made it difficult to know exactly how the new rules will be applied.
For Fuchs, the uncertainty is already affecting the industry.
“A lot of manufacturers have already stopped production because nobody knows what is going on,” Fuchs said.
Smith said he and his attorneys are also reviewing Wisconsin statutes to determine whether state law could provide another path for businesses to continue selling some products.
“One thing me and my attorneys are looking into are in our state statutes,” Smith said.
Fuchs, meanwhile, said Ethereal Gold is preparing to shift its business away from hemp products if necessary.
“We are preparing ourselves if it does get banned,” Fuchs said. “Now over 65% of our portfolio is non-hemp.”
For businesses like Ethereal Gold and TabEASE, the coming weeks will be critical as they wait for more clarity about which products can remain on Wisconsin shelves.
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