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, which means state-licensed cannabis suppliers still face legal risks and financial burdens stemming from a policy that a large majority of Americans reject. But instead of addressing that increasingly untenable situation by repealing federal marijuana prohibition, the U.S. Senate is bent on expanding the ban to cover psychoactive hemp products.
An appropriations bill that was part of the Senate deal to end the federal shutdown aims to close a loophole opened 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 main psychoactive ingredient in marijuana. The definition also includes “all [hemp] derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,” as long as their delta-9 THC content is less than 0.3 percent.
The farm bill opened the door to a wide range of hemp-derived products, including edibles, beverages, flower, and vape cartridges containing delta-8 THC, an isomer that has effects similar to those of delta-9 THC, or tetrahydrocannabinolic acid (THCA), which converts to delta-9 THC when heated. That explains all those seemingly illegal THC products you may have seen online or in vape shops, pharmacies, or liquor stores, which offer alternatives for cannabis consumers who live in states that still prohibit recreational use of marijuana.
Pot prohibitionists unsurprisingly view that situation as intolerable. The Senate appropriations bill, which would fund agricultural programs, rural development, and the Food and Drug Administration through fiscal year 2026, addresses their concerns by redefining hemp to exclude psychoactive products derived from hemp. According to a summary from the Senate Appropriations Committee, the bill will prevent “intoxicating hemp-based or hemp-derived products, including Delta-8, from being sold online, in gas stations, and corner stores, while preserving non-intoxicating CBD and industrial hemp products.”
The narrower hemp definition, which amounts to a broader definition of marijuana, excludes “any intermediate hemp-derived cannabinoid products” containing “cannabinoids that are not capable of being naturally produced” by the cannabis plant or that “were synthesized or manufactured outside the plant.” It also prohibits intermediate products containing more than a 0.3 percent “combined total” of “tetrahydrocannabinols (including tetrahydrocannabinolic acid)” or “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals.” And it bans final hemp products that contain either synthesized cannabinoids or more than “0.4 milligrams combined total per container” of “tetrahydrocannabinols” (including THCA) or “any other cannabinoids” with “similar effects.”
Given those limits, Cannabis Business Times notes, “companies that manufacture and sell intoxicating hemp products in today’s market would have to overhaul or abandon their business plans.” The U.S. Hemp Roundtable (USHR), a trade group that represents those companies, is understandably alarmed, “arguing that [the bill] would recriminalize hemp products and threaten to eliminate a $28 billion industry that provides 300,000 American jobs.”
Hellbound and Down 
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