A new draft of the U.S. Senate’s Farm Bill reflects bipartisan momentum to regulate intoxicating hemp-derived products, including delta-8 THC and THCA. The proposal, introduced by Senator Debbie Stabenow, would redefine hemp by capping total THC at 0.3%, encompassing all psychoactive THC variants. This effort aims to address market confusion and close a loophole in the 2018 Farm Bill, which legalized hemp with a delta-9 THC concentration of 0.3% or less but inadvertently enabled the rise of other intoxicating cannabinoids being sold in various forms, from gummies and beverages to pre-rolls and “THCA flower.”
In absence of any real federal action to address the rise of intoxicating hemp products over the past several years, numerous states have been implementing measures to restrict or control them already. California recently enacted a sweeping ban on intoxicating hemp products, and several other states have also introduced or implemented stricter regulations on hemp-derived THC. These measures are aimed at preventing the unregulated sale of these products over the internet and in brick and mortar shops in order to keep them out of the hands of underage consumers, and to protect state-licensed cannabis businesses from unfair competition.
The House’s version of the Farm Bill, published
