Why Oklahoma officials want to crack down on hemp's unregulated THC loophole
- Jason Beck
- 3 days ago
- 5 min read
05-04-2025
As popularity grows in the mostly unregulated market of hemp-based THC products, Oklahoma officials are exploring ways to enforce state law on what the governor calls "the unlawful manufacturing, distribution and sale of these compounds."
The products being targeted are not ones that are regulated under the state's medical marijuana laws. Instead, these are products made from hemp, which is a similar cannabis plant that naturally contains much less of the psychoactive chemical THC. After processing and concentration, its byproducts are sold virtually anywhere a buyer and seller can meet.
Examples include Delta 8, Delta 10 and other synthesized THC products that began life as a hemp plant. That's different from Delta 9, which is the most commonly known variant of THC and is found in medical marijuana that is regulated by the state.
Enter Gov. Kevin Stitt, who now has asked several state agencies to coordinate enforcement of the production, distribution and retail sale of psychoactive hemp-derived cannabis products. Hemp-derived THC has seen a growing market since the U.S. Congress passed the 2018 Farm Bill, which removed hemp from the definition of marijuana and authorized hemp cultivation in the United States.
Because there is little state regulation on hemp byproducts, it's easy to find. Some convenience stores sell it. It also can be found in some medical marijuana dispensaries. Buyers do not need a medical marijuana patient license.
The public also can order gummies, THC-infused drinks, vapes and other products from out-of-state online retailers, which is an option not available to the state's medical marijuana industry. In January, DoorDash announced it began stocking and delivering THC products through its Oklahoma City online marketplace.
Legal hemp or illegal marijuana?
When Congress authorized the cultivation of hemp, much of the discussion was about its use in industrial contexts and other markets like textile manufacturing. Using it to make consumable psychoactive products remains a gray area in federal law.
Some states have restricted or outright banned compounds like Delta 8 from being sold to the public. According to the National Cannabis Industry Association, at least 24 states had passed some kind of regulation against Delta 8 THC by 2023.
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While Oklahoma has no specific legislative prohibition against hemp-derived cannabis products, the state's drug enforcement agency believes the final products meet the definition of marijuana.
"(Oklahoma Bureau of Narcotics and Dangerous Drugs Control) is investigating the manufacturing and distribution of items being advertised as a legal hemp product," agency spokesman Mark Woodward told The Oklahoman in January. "Evidence from our investigations indicates many of these products fit the definition of marijuana and prohibited from being sold outside a registered Oklahoma medical marijuana dispensary."
For this story, the narcotics bureau confirmed that the agency is still conducting its investigations and has not made any enforcement actions yet.
The state agency responsible for issuing licenses to industrial hemp industry, Oklahoma's Department of Agriculture, Food and Forestry, issued a memo in 2024 clarifying that "products that are above the 0.3% total THC level are not hemp and cannot be marketed as such."
"This includes any addition to the hemp or hemp product after harvest that would cause it to exceed the 0.3% total THC level," wrote Caroline Nelson, the Agriculture Department's Hemp Program administrator.
There also seems to be little interest from the Legislature to address what the executive branch sees as a problem. While lawmakers filed bills in 2025 to add restrictions on the medical marijuana industry, there was no push to clarify hemp laws.
Advocates of Oklahoma's medical marijuana (MMJ) industry have called out what they see as a double standard: prioritizing stricter laws on legal marijuana without any requirement that synthetic forms of THC undergo the same safety testing or tracking.
Groups like Oklahomans for Responsible Cannabis Action (ORCA) repeatedly have called on the state government to crack down on what is derogatorily described as "gas station weed." It's also been blamed for an economic downturn in the medical marijuana industry because similar products can be purchased without going to the time and expense of a state-issued patient license.
"It's important to note that these synthetics are not consumer safety-tested marijuana or marijuana products," said a recent statement by ORCA. "In this situation, our industry gets beat up on the news about 'marijuana overdoses.' The problem is that Poison Control has no data from healthcare providers to determine the products responsible. So, when a kid gets a THCO psychosis cart riddled with pesticides and goes to the (emergency room), MMJ is getting the blame."
What THC compounds are being targeted for enforcement?
In a letter dated April 28, Stitt said there are reports of increased availability and use of these substances, which he said indicates a need for Oklahoma to "intensify its efforts to combat this problem."
"I write to ask each of you to coordinate closely with one another to strengthen enforcement and regulatory action," Stitt said. "A unified, cross-agency approach will be essential to effectively combat the unlawful manufacturing, distribution, and sale of these compounds across Oklahoma."
The Oklahoman reached out to several hemp industry experts and businesses that advertise the sale of hemp-based products, but they either did not respond or declined to comment for this story.
Stitt's directive was sent to the narcotics bureau, Oklahoma Medical Marijuana Authority, Department of Public Safety, Oklahoma State Bureau of Investigation and the governor's Secretary of Public Safety Tricia Everest.
Along with the governor's request that each agency enforce laws under their jurisdiction, he wants them to "identify gaps in the current regulatory and enforcement framework, if any, and provide recommendations for statutory or administrative changes" if action is needed. They were told to report back by the end of May.
What is group asked to look at?
Stitt wants the group to focus on at least six compounds and their products:
Delta 8 – Found in trace amounts of the cannabis plant, concentrated Delta 8 THC is typically manufactured from hemp-derived cannabidiol.
Delta 10 – Like Delta 8, Delta 10 is a trace cannabinoid in the cannabis plant. It also often is produced in a lab.
Hexahydrocannabinol (HHC) – A synthetic THC compound that can be processed from hemp plants using a different method called hydrogenation.
Tetrahydrocannabinol-O Acetate (THC-O) – THC-O is a relatively new cannabinoid on the market, joining ranks with Delta-8 and Delta-10. Derived from hemp, the chemical compound is entirely synthetic, meaning it cannot be found naturally in the plant.
Tetrahydrocannabiphorol (THCP) – THCP can be found in trace amounts in cannabis plants. Most THCP found in products such as vapes and edibles, however, is "synthesized from hemp-derived cannabinoids like CBD," according to Recovered.org.
Tetrahydrocannabivarin (THCV) – Sometimes called "diet weed" for its purported effect at curbing appetite, THCV is a "propyl analogue" of Delta-9.
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