A coalition consisting of 39 state attorneys general and territorial attorney generals has requested that Congress close the loophole found in the Farm Bill 2018, which allows for a nationwide market to be created with unregulated, intoxicating derivatives from hemp.
In a letter to congressional agriculture and appropriations leaders, the AGs – both Democrats and Republicans – say the federal definition of hemp that allows companies to convert legal CBD into psychoactive substances has resulted in “Frankenstein THC products that get adults high and harm and even kill children.”
This loophole, which was caused by a “grievously wrong interpretation” (of the 2018 Farm Bill), has allowed such products to flood communities. There are no age restrictions on these products and there is minimal supervision.
‘Illicit’ foundation
State law officials stated that the “entire industry of synthetic THC” is built on “illicit conduct.” Congress must act now to stop the loophole “from transforming into a greater danger to the public’s safety than what it currently is”, they wrote.
Although the letter doesn’t call for a complete ban, the request is that Congress rewrites the federal definition to include intoxicating hemp compounds as controlled substances.
Hemp is not the intended target
Hemp and its derivative products were legalized in the 2018 Farm Bill. The lawmakers were not aware that CBD-derived hemp can be converted into substances which produce “highs” in the lab. According to the letter, a wave of companies is doing this to make money “at the cost of public health and safety.”
Coalition says that banning intoxicating products from hemp “will have no impact on the production of industrial hemp or agricultural hemp.” The fiber, grain, and hurd stakeholders warn that conflating hemp with intoxicating cannabis cannabinoids will threaten investment, climate smart projects, and material innovation.
The officials conclude by urging Congress to not allow corporations “to take advantage of the good work you have done.” Now, the outcome depends on whether legislators narrow the definition of hemp to prevent intoxicating derivatives. Or adopt Rand Paul’s method that protects consumables derived from hemp.
Patchwork Rules
Attorneys general claim that state-level age restrictions and bans cannot fix the problem, because hemp intoxicants are shipped online across states and sold.
Signatories include Republican Arkansas Attorney general Tim Griffin; Democrat Connecticut Attorney general William Tong; Republican Indiana Attorney attorney General Todd Rokita; and Democrat Minnesota Attorney General Keith Ellison.
The letter was signed by 18 Republicans, 15 Democrats, and representatives of the following states: Alabama, Arizona California Colorado Delaware Hawaii Illinois Iowa Kansas Louisiana Maine Maryland Massachusetts Mississippi Missouri Nebraska New Hampshire New Mexico New York North Carolina North Dakota Ohio Oklahoma Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota U.S. Virgin Islands Utah Vermont Virginia Wyoming
Congress split
A fight within the Senate led to this request. Mitch McConnell, Republican leader in the Senate, supported language that was included in the Agriculture Appropriations Bill to ban hemp-based products with “quantifiable” THC.
Rand Paul, a senator from Kentucky, threatened to stop the bill. Paul also promotes the HEMP Act which raises THC limits in hemp, and protects hemp-based products.