States seek fix for hemp law exploits by unregulated products

By Scout Nelson

A coalition of Attorneys General from across 21 states, including South Dakota's Marty Jackley, is taking a stand against the misuse of the current hemp legislation. They've approached Congress with a request to tighten the language of the 2018 Farm Bill.

This law, which was intended to regulate hemp production, has inadvertently allowed the proliferation of unregulated, intoxicating hemp products due to a loophole in its definition of hemp.

The core of the issue lies in the threshold set for THC content at 0.3%, meant to distinguish non-intoxicating industrial hemp from its intoxicating cannabis counterpart.

This threshold has proven insufficient in preventing intoxication from products marketed as hemp. States have reported incidents of poisoning from these products, which are often poorly made, mislabeled, and sometimes target underage consumers.

“Illicit suppliers are stealing legitimate brand names and packaging harmful and dangerous products as candy, snacks, and cereal,” remarked Attorney General Marty Jackley. This statement underscores the risk these products pose, particularly to children, and the threat they represent to lawful hemp cultivation in states like South Dakota.

The coalition's letter to Congress calls for an amendment to the definition of hemp to close the existing loophole that permits the sale of federally unregulated intoxicating hemp products.

They are advocating for the 2023 reauthorization of the Farm Bill to ensure that it does not restrict states from imposing their own regulations on cannabinoids or other hemp derivatives that are found to be intoxicating.

Attorneys General from states including Arkansas, California, and Colorado, among others, have joined forces in this effort. Their unified stance highlights the nationwide concern over the current regulatory gap and its implications for public health and the integrity of the agricultural sector.