Dutzende of US Attorneys-General have signed an open letter urging Congress to clarify its federal definition of hemp so that there is no confusion about the illegality of intoxicating products derived from hemp.
In the 2018 Farm Bill hemp was defined as any cannabis or cannabis derivatives that contained no more 0.3% delta-9 THC on a dry weight basis.
Delta-9 was specifically mentioned, but it opened the way for other forms of THC that are intoxicating, even to children. These include delta-8, THC-10, THCP and HHC. Hemp is low in these compounds by nature, but they can be produced through the manipulation of cannabidiol derived from hemp.
“As a result, shelves and display cases in gas stations, convenience stores, and other retail locations throughout our states are stocked to the brim with potent, psychoactive THC products—often packaged and sold in ways meant deliberately to appeal to children,” states the letter.
AGs claim that Congress has never intended for such products to be legalized in the Farm Bill of 2018.
In the letter, it is stated that “The Agricultural Improvement Act of 2018 has legalized industrial hemp as a commercial product.” The letter states that “Congress wanted to legalize industrial hemp for commercial use as an non-intoxicating product while maintaining the longstanding and vital prohibition against cannabis products.”
The letter says that while many states are scrambling for ways to put the genie in the bottle within their jurisdictions, this is not the solution.
Such efforts will only result in an uncoordinated and inconsistent patchwork of laws and rules that vary from state to state and won’t stop mail-order THC from flooding interstate commerce. Congress
The psychoactive hemp industry has tampered with the hemp provision of the Farm Bill 2018.
Signatories claim that a clarification of the definition will not hinder the use of hemp in industrial or agricultural applications, as the plants do not contain any THC at levels intoxicating.
This letter was signed by 39 Attorneys-General from both parties. can be viewed here.
The other side is that 35 members of Congress were elected last month. sent letters The group is urging strong objection to language found in the FY26 Agriculture/FDA Appropriations Bill which, they argue, would “deal an unforgiving blow” for American farmers who provide the regulated hemp industries and small businesses.