A fresh federal legislative push could bring clarity to the fractured market for hemp-derived intoxicating products through draft legislation that would restrict consumable hemp products to adults 21 and older—including edibles, beverages, and inhalables—under strict regulatory controls.
Although the draft, circulated by Rep. Morgan Griffith (R-VA), has drawn attention as the first serious federal framework, it is not currently folded into the pending–and much delayed– 2023 Farm Bill. Instead, the measure would move through the appropriations process, where attempts to tighten hemp rules have already encountered resistance.
Senate leaders recently stripped out provisions that would have prohibited or tightly restricted the intoxicating substances from the agriculture spending bill after pushback from key Republicans, underscoring how divided Congress remains over hemp.
Root of the problem
The intoxicating hemp trade emerged from a loophole in the 2018 Farm Bill, which legalized hemp and all its derivatives so long as the delta-9 THC concentration did not exceed 0.3% on a dry-weight basis. The law made no distinction for other intoxicating cannabinoids such as delta-8 THC, many of which are created through chemical conversion from hemp-derived CBD. That omission left a gray area now exploited by producers of intoxicating hemp products.
The loophole has left state governments to clean up the mess, with legislative and regulatory developments emerging almost weekly.
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