Nearly three dozen state attorneys general are urging Congress to keep a scheduled prohibition on intoxicating hemp products in place, even as some leaders in the Senate are moving to delay the ban.
Congress legalized hemp agriculture and hemp products with the 2018 Farm Bill. Under the legislation, hemp is defined as cannabis with no more than 0.3% delta-9 THC, the compound most commonly associated with the intoxicating effects of the plant.
The legalization of hemp created a new market for hemp products, including many formulations with CBD that are popular with consumers. In what is commonly seen as a loophole in the legislation, however, some operators also marketed products with intoxicating cannabinoids such as THC, delta-8 THC, and others. Congress addressed the loophole in a spending bill approved last fall, adding provisions that ban hemp products with more than 0.4 milligrams of THC or other intoxicating cannabinoids.
Scheduled to go into effect on November 12, the ban will make many of the hemp products available today illegal. If allowed to go into effect, the prohibition threatens the viability of the nearly $30 billion hemp industry, advocates say.
Attorneys General Support Coming Intoxicating Hemp Ban
Some leaders in Congress are working to repeal or delay the coming ban on hemp products, arguing the industry should instead be regulated to protect consumers and public health. But this week, 35 state attorneys general from both major political parties penned a letter urging Congress to retain the ban.
In the letter dated August 4 and addressed to House Speaker Mike Johnson, Senate Majority Leader John Thune, and the chairs of the appropriations committees of both chambers, the attorneys general call for the ban on intoxicating hemp products to go into effect as scheduled. They argue that the prohibition will protect consumers and children, noting that many states have already adopted policies in line with the coming federal ban.
“If the loophole is reopened or the new definition is weakened or repealed, States will face renewed litigation, inconsistent enforcement, regulatory uncertainty, increased youth access to intoxicating products, and disruption of lawful businesses that have already adjusted their operations to comply with the new federal framework,” the letter reads. “Equally as concerning, change at this stage would allow the return of unregulated intoxicating cannabis products that Congress appropriately chose to address.”
The drafting of the letter was led by Arkansas Attorney General Tim Griffin, Indiana Attorney General Todd Rokita, Connecticut Attorney General William Tong, and New Mexico Attorney General Raúl Torrez. A bipartisan group of 31 attorneys general also signed the letter, including the chief law enforcement officers from states that have legalized cannabis and others that continue to prohibit weed.
“For years, dangerous, intoxicating items disguised as everyday snacks have been readily available to California consumers,” California Attorney General Rob Bonta said in a statement about the joint letter. “The closing of this loophole protects our children and all consumers from these unsafe products. It also ensures that well-meaning farmers can continue to grow legal hemp, while nefarious actors are held accountable. I’m happy to join this bipartisan effort to thank Congress for closing the 2018 loophole and encourage them to ensure the new regulation is enacted without change or delay.”
Senators Seek to Delay Hemp THC Ban
The attorneys general sent their letter only two after Senate leaders included a one-month delay of the hemp products ban in a continuing resolution to fund several government agencies through December 11. The delay applies to cannabinoids naturally produced by the cannabis plant, specifically excluding compounds created by chemically converting CBD or other natural compounds.
Advocates hope the delay will give lawmakers enough time to approve legislation to regulate intoxicating hemp products, including increasingly popular THC beverages.
“As Mark Twain might have said, ‘The reports of hemp’s death have been greatly exaggerated.’ Passage of the continuing resolution (CR) in its current form would be a landmark victory for the hemp industry—our biggest win since the 2018 Farm Bill legalized hemp,” Jonathan Miller, general counsel for the U.S. Hemp Roundtable, said in a press release cited by Marijuana Moment.
“We are deeply grateful to congressional leaders of both parties, as well as to the president for his strong support for our farmers and businesses,” he said. “But our work is not done—we will be deeply engaged in ensuring that the current language is retained through the Senate and House CR votes, and then we will be working toward a more comprehensive fix when we reach the next government funding deadline in December.”
The Senate is expected to vote on the continuing resolution this week. If the provisions to delay the hemp ban are included in the final Senate version of the legislation, the House of Representatives (which passed an earlier draft of the continuing resolution) would also need the pass the measure before sending it to President Donald Trump for consideration.
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