There's an unexpected consequence inside the deal to end the federal government shutdown: making hemp products illegal. As part of the Senate compromise to end the government shutdown, THC would be limited to 0.4 milligrams per container. 

For perspective, many of the products that line store shelves in Minnesota contain 5 milligrams per serving and 10 milligrams for two servings. 

Bob Galligan, director of government and industry relations for the Minnesota Craft Brewers Guild, is a lobbyist for well over 100 Minnesota craft breweries, most of which, he said, have turned to THC as consumers drink less alcohol. 

"To have it go through an appropriations bill where there is no discussion on the policy is rather frustrating," Galligan said. "The language as it stands right now, if it were to go through, decimation is a pretty accurate word." 

At Surdyk's in northeast Minneapolis, THC drinks stand out for their popularity. The drinks make up for 10% of sales at her liquor and cheese shop, according to Melissa Surdyk.

"It's a product that we want to continue to have on our shelves and offer to customers, and you know, give them what they want and what they're asking for," Surdyk said.

Galligan believes the 0.4 milligram amount was chosen since it's imperceptible to the human body.

"I think a lot of the success we've seen through those beverages is partly due because of the low potency. Having said that, 0.4 is not a potency," Galligan said. "No one is going to be buying that, and because nobody would buy that, no one would be making that."

It would effectively be a hemp-derived THC ban, which would impact people like Caitlyn Bartel, who said she uses the drinks to help with her glaucoma. She believes cutting hemp would have far-reaching impacts.

"It will affect a lot of people, even just financially and mentally," Bartel said.

A spokesperson for Minnesota's Office of Cannabis Management told us they are monitoring what passes and, "Once there is clarity on language, we will work with the Attorney General's Office and the Legislature to understand and address any impacts."

State Sens. Scott Dibble and Lindsey Port, who wrote the 2025 and 2023 cannabis legislation in Minnesota, called the change an "existential threat" to the state's THC hemp drink industry.

"We've created a model that works — one that has empowered thousands of small business owners and entrepreneurs to build their dreams, hire local workers, and contribute to a thriving, responsible marketplace. Instead of learning from our success, Congress has inserted itself in the most heavy-handed and short-sighted way possible, at the behest of entrenched competitors in other industries who see Minnesota's innovation as a threat," Dibble and Port said in a statement Wednesday. "This will destroy legitimate businesses, eliminate good-paying jobs, and wipe out years of progress made by local entrepreneurs who played by the rules."

If passed by the Senate, the ban wouldn't take effect for a year.