With Dec. 11 approaching, the hemp industry is planning for more than one possible outcome. A federal bridge, a longer-term regulatory framework, a shift toward state-based markets, or a more complicated mix of all three could change how brands operate and how quickly they need to adapt.

In our latest Vertosa Unfiltered: Ask Us Anything webinar, Ben Larson (CEO), Diana Eberlein (CCO), Ryan Pinsky (EVP, Revenue), and Michael Finkbeiner (VP, Operations) took a practical look at the scenarios the industry could be facing and what they’d mean for brands and their supply chains. 

The discussion moved beyond legislation alone, covering state infrastructure, manufacturing and ingredient availability, advocacy, brand continuity, and the need to plan for both the risks and opportunities that could follow.

Here’s a look at our top takeaways from the webinar: 

1. The extension that changed the deadline to December 11 is a milestone, but far from the end of the story

Diana kicked things off by laying out the current federal landscape: the deadline has moved from November 12 to December 11, but there is still no confirmed long-term federal fix.

A comprehensive regulatory package is unlikely to make it through by December 11, which is why the industry is increasingly focused on the possibility of bridge legislation. The goal of that bridge would be to give lawmakers and the industry more time to get to a long-term regulatory framework through Congress.

But, as Diana put it, a bridge only matters if there’s a second destination.

The broader hemp industry is increasingly aligned around several foundational principles that could form part of that bridge: 21+ access, U.S.-grown hemp, clearer definitions around synthetics, third-party testing and testing standards, restrictions on marketing to minors and copycat products, and appropriate labeling requirements.

Exactly what comes next is still TBD. Diana expects dosage caps and potentially restrictions around which product formats can continue, but emphasized that no concrete decisions have been made yet and next steps will be more clear after the dust settles from the midterm elections.

2. If a ban goes into effect, building a successful state program requires more than just rebuilding the supply chain.

If hemp markets move toward state-based or intrastate models, the challenge goes well beyond finding a compliant ingredient supplier or local manufacturer. As Michael pointed out, states would need much of the supply chain in place, from cultivation and concentration through manufacturing, distribution, retail, testing, and compliance. But even that is only part of the equation.

Our team also touched on the less visible infrastructure that keeps a business running: insurance, banking and payment processing, taxes, legal considerations, and the vendors and service providers that support business operations. Support from those ancillary service providers isn’t guaranteed to continue just because a state decides to maintain its hemp program. 

As Diana noted, companies and service providers may make decisions based on their own risk and compliance policies, regardless of what an individual state allows. In addition, alignment between state-level regulatory and enforcement agencies is also critical. If there isn’t consensus amongst those entities in how the state programs will operate and be enforced, it’s not a viable marketplace for operation.

For brands planning around multiple scenarios, that means mapping the entire business ecosystem, not just the product supply chain. Who supplies the ingredients? Who manufactures the product? Where can it be stored and shipped? Will your bank, insurer, payment processor, vendors, and other service providers still support the business under a new regulatory structure? 

Those questions may be less visible than what’s happening with the product itself, but they’re just as important to keeping the business operating.

3. Forecast with your suppliers before everyone needs the same thing at once

One of the biggest supply chain risks is discovering that everyone else needs the exact same thing at the exact same time.

Ryan pointed out that even a best-case “bridge” scenario could create a major supply crunch. If new rules arrive close to the deadline and brands suddenly need to secure cans, cartons, ingredients, manufacturing capacity, or other inputs, suppliers could be facing a wave of demand that’s difficult to accommodate. And many of those items come with lead times measured in weeks or months, not days.

That makes forecasting and communication especially important right now. Michael emphasized that brands should be talking with their suppliers about expected volumes, lead times, available capacity, minimums, and how quickly they could ramp if demand changes. The goal isn’t necessarily to buy everything in advance, it’s to understand what can be secured, how far ahead it needs to be ordered, and where the biggest constraints could emerge.

Find out what your suppliers, vendors, and manufacturers are seeing, what they’re planning for, and where capacity could get tight. The more visibility everyone has into potential demand, the fewer surprises there are when the market inevitably moves.

4. Advocacy matters, but consistency matters more

The hemp industry has a lot at stake, and the path forward won’t be shaped by legislation alone. 

Diana reiterated the importance of getting involved with an industry association that aligns with your company’s goals and consistently supporting its advocacy efforts. Groups like the US Hemp Roundtable, Hemp Beverage Alliance (HBA), Coalition for Adult Beverage Alternatives (CABA), and others are already working with policymakers. 

For companies trying to navigate an uncertain regulatory environment, that means identifying where your interests align, supporting the organizations doing the work, and staying engaged over time. One-off trips to Capitol Hill can make an impact, but consistent participation gives the industry a stronger, more unified voice.

Effective advocacy requires sustained engagement, versus showing up when a critical deadline is approaching, so support a trade organization and continue with grassroots efforts so members of Congress are hearing from their #SaveHempBevs from their constituents. 

5. Keep your brand alive, even if the market temporarily goes dark

If the downside scenario is a freeze or the ban takes effect for a period of time, the question becomes: What are you doing now to make sure your brand is still here (and still relevant) when the market turns back on?

Ryan emphasized the importance of keeping brands alive through whatever December brings. That means thinking beyond the immediate impact on sales and considering how to maintain relationships with distributors, retailers, consumers, and the broader network that supports the business. If products temporarily can’t be sold, brands still have an opportunity to maintain consumer engagement, stay connected to their audiences, and give people a reason to remember them.

Some brands are already getting creative by launching 0.4mg THC beverages or diversifying beyond cannabinoids altogether with other functional ingredients. Entering regulated cannabis is another option, though it comes with the same banking, licensing, manufacturing, distribution, and retail challenges previously discussed. Good news is, we already operate in these markets and can support expansion into the dispensary channel!

The goal is to avoid going dark along with the market. A temporary pause doesn’t have to mean hitting reset when the category comes back. Brands that continue nurturing consumer loyalty and maintaining relationships will be in a much stronger position to pick things back up when they can.

Our commitment to your success

Our optimism is clear by the way our team is preparing. Ben said it best: if we are successful, volumes will grow, outlets will multiply, and requirements will get stricter. GMP certifications and operational sophistication will only become more important, and we continue to raise the bar on our processes and capabilities to stay ahead of evolving regulations. This will be equally important for international markets, where Ryan sees real opportunity in medical frameworks that reward consistency, reliability, and products that work.

Whether the path forward involves a federal framework, state-based programs, a temporary pause, or a mix of different models, our focus remains the same: helping partners navigate the changes, make informed decisions, and keep their businesses moving forward. Our team continues to stay informed and ready to pivot, so that we’re well-equipped to help clients and partners evaluate their options and adapt as the landscape evolves.

The road ahead may not be predictable, but brands don’t have to navigate it alone. We’re in this for the long haul, and we’re committed to finding a path forward, whatever December brings.