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A bipartisan coalition of 21 attorneys general is urging Congress to address what they perceive as a public health and safety crisis stemming from ambiguities in federal hemp policy. They argue that the 2018 federal farm bill, which legalized low-THC hemp, inadvertently created a loophole allowing intoxicating products derived from hemp extracts. These products, such as delta-8 THC and delta-10 THC, have sparked a gray market worth an estimated $28 billion, according to the letter. The letter calls for amending the definition of hemp to close this intoxicants loophole and reaffirm states' rights to regulate cannabinoids and hemp derivatives. However, it does not propose specific policy solutions. The attorneys general, led by Todd Rokita and Tim Griffin, emphasize concerns about the proliferation of products appealing to children and young people. In response, some in the hemp industry criticize the letter for lacking clarity and potentially harming farmers and manufacturers. They argue that redefining hemp could lead to unintended consequences and advocate for FDA regulation of all hemp products to ensure safety. Others suggest regulating intoxicating hemp products similar to alcohol, with measures such as age restrictions and proper labeling. The issue of hemp-derived intoxicants has led to varying approaches at the state level. Some states with legal recreational marijuana have attempted to ban delta-8, while others have integrated it into their regulatory frameworks. In states without legal recreational marijuana, policies regarding delta-8 vary, with some allowing its sale to adults and others seeking to ban it. Legal battles, such as the one in Arkansas, highlight the complexities surrounding hemp regulation.
