A proposed federal ban on THC would “destroy” the hemp products that get people high.

A provision in A federal spending bill that could end the U.S. government shutdown would effectively kill the hemp industry by banning intoxicating hemp-based THC products, including gum and drinks.

The provision, part of a budget bill passed by the U.S. Senate Monday night, “prohibits the illegal sale of hemp-intoxicated or hemp-derived products, including Delta-8, from sales online, at gas stations and corner stores,” according to a summary of the Senate Appropriations Committee’s legislation. This bill, which has a budget of 26.65 billion dollars, will be voted on Wednesday in the House of Representatives. If approved, US President Donald Trump is expected to sign it into law.

The hemp regulation ends a loophole provided by the 2018 Farm Bill, which essentially decriminalized hemp-based intoxicating products. These products contain cannabinoids such as delta-8 and THCA, which are found in a variety of foods and beverages. However, the Farm Bill specifies that hemp products cannot contain more than 0.3 percent delta-9 THC by dry weight. Delta-9 is the main psychoactive compound in cannabis, which is federally illegal. Both hemp and cannabis are derived from the cannabis sativa plant, but hemp contains very low levels of delta-9.

Sen. Rand Paul of Kentucky was the only Republican to vote against the bill on Monday after failing to amend it by removing the hemp ban. In September, dozens of Kentucky cannabis farmers sent a letter to Sen. Mitch McConnell, who is pushing for the ban, asking him to reconsider.

The letter said the hemp-derived cannabinoid market “gave us a new product with real economic opportunity for the first time in decades” and that the ban would have “immediate and catastrophic consequences.”

According to a report by Cannabis Business Times, sales of hemp-derived cannabinoids will surpass $2.7 billion in 2023.

“It’s going to end up destroying the industry and it’s going to destroy the hemp farmers,” says Jonathan Miller, an attorney and hemp advocate.

While the provision says it maintains “non-toxic CBD and industrial hemp products,” Miller disputes this, noting that the most popular hemp-derived CBD products still contain more than the recommended 0.4 milligrams of THC per container. CBD products don’t get people high, but they are popular and used for things like insomnia and anxiety, although research on their effectiveness is still limited.