Senate Bill To Ban Hemp-derived Thc Products

Forty states now allow medical use of marijuana, while 24, accounting for most of the U.S. population, also allow recreational use. Yet the federal ban on marijuana, first enacted in 1937, remains in place, leaving state-licensed cannabis suppliers exposed to legal risks and financial burdens. Instead of addressing this untenable situation by repealing federal prohibition, the U.S. Senate is now considering expanding the ban to cover psychoactive Hemp-Derived THC products.

An appropriations bill, part of the Senate deal to end the federal shutdown, aims to close a loophole created by the 2018 farm bill, which legalized hemp. That law defined hemp to include any part of the cannabis plant containing less than 0.3 percent delta-9 tetrahydrocannabinol (THC). The definition includes "all [hemp] derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers," allowing for a wide range of Hemp-Derived THC products, including edibles, beverages, flower, and vape cartridges containing delta-8 THC or THCA. These products offer alternatives for consumers in states that still prohibit recreational marijuana use.

Prohibitionists view the sale of these products as intolerable. The Senate bill addresses this by redefining hemp to exclude psychoactive Hemp-Derived THC products, preventing them from being sold online, in gas stations, and in corner stores, while preserving non-intoxicating CBD and industrial hemp products. The narrower hemp definition bans "intermediate hemp-derived cannabinoid products" and any final hemp products with more than 0.4 milligrams per container of tetrahydrocannabinols, effectively targeting Hemp-Derived THC products on the market.

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