Closing the Hemp Loophole in the Farm Bill
In the 2018 Farm Bill, Congress legalized the sale and production of hemp. Hemp is defined as “the plant Cannabis sativa L., with a delta-9 concentration of not more than 0.3 percent on a dry weight basis. This has led to the proliferation of intoxicating hemp-derived cannabinoids, such as delta-8 THC, which are cheap, widely available, and are marketed to youth. The immense variety and potency of these products makes regulation impossible because there is potential for an unlimited number of derivations of these products to be created.
CADCA supports an amendment introduced in the 2024 Farm Bill by Rep. Mary Miller (R-IL-15el) that would change the definition of hemp to specifically exclude semi-synthetic cannabinoids that have similar effects to delta-9 THC, as well as quantifiable amounts of THC as determined by the Secretary of Agriculture in consultation with the Secretary of Health and Human Services. This amendment would define hemp-derived cannabis products as “any intermediate or final product derived from hemp, excluding industrial hemp that contains cannabinoids in any form as is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.”