Legalizing Intoxicating Hemp Products Wasn’t A ‘Loophole’ But Was Intentional, Expert Who Helped Draft Farm Bill Says

One of the behind-the-scenes architects of the federal law legalizing hemp
during President Donald Trump’s first term says it’s a misconception that
Congress accidentally created a “loophole” allowing intoxicating
cannabinoid products to be sold.

Rather, the controversy over the hemp THC marketplace that’s emerged is a
direct consequence of inaction by lawmakers and regulators that could be
resolved without outright banning such products, as certain GOP members
have proposed, Steve Bevan said in a letter to key Republican committee
leaders on Tuesday.

Bevan—who worked with then-Senate Majority Leader Mitch McConnell (R-KY) to
help draft the hemp language contained in the 2018 Farm Bill—said
proponents of re-criminalizing intoxicating cannabinoid products “claim
it’s about protecting children from dangerous products,” yet “simple age
gating and responsible consumption resolve this.”

“Instead of focusing on citizens’ access to wellness and the positive
economic benefits being realized from the national hemp experiment–it
worked!–they bizarrely suggest a return to prohibition,” he said in the
letter, which was shared exclusively with Marijuana Moment.

The message to congressional leaders is responsive to a separate letter
sent by 39 state and territory attorneys general who urged legislators to
enact restrictions on the consumable hemp market by banning intoxicating
items.

This stepped-up push to get such products prohibited again is being led in
part by McConnell, who has insisted he and colleagues only intended to
allow for industrial uses of hemp, with exceptions for non-intoxicating
CBD. That isn’t exactly the case, Bevan said.

“We specifically added language about ‘extracts, derivatives, and
cannabinoids’ to the definition of hemp to help American farmers and rural
communities build businesses around hemp-derived products,” he said.
“Senator McConnell understood this and changed the definition. This wasn’t
an accident or a loophole—it was intentional to ensure that the farmers of
Kentucky newly producing hemp—could reach markets with their new crop.”

Bevan, who served as a co-founder and chair of the U.S. Hemp Roundtable and
is now a partner at OCan Group, said that during the drafting of the hemp
provisions of the Farm Bill, “we asked federal regulators to create quality
and safety standards for these products.”

“That’s common sense—you test food before people eat it, right? But the
FDA, even when Congress instructed them to act, has repeatedly refused to
regulate these products,” he said, echoing complaints from bipartisan
lawmakers and industry stakeholders over the years since hemp was legalized.

“We told [FDA] exactly what would happen without proper regulations:
products would become popular, quality would vary, there’d be no age
restrictions, and consumers wouldn’t know what they’re buying,” he said.
“The FDA responded with silence for over two years, then sent out a few
warning letters in late 2024. Too little, too late.”

Bevan, who also founded the cannabis company GenCanna before it declared
bankruptcy in 2020, said that what Congress isn’t addressing with the
proposed ban is the fact that intoxicating hemp products are already
popular with a significant portion of the adult population, prohibition
would only bolster the illicit market, the industry has thrived despite
lack of federal support and re-criminalizing would lead to the same drug
war consequences the country has historically witnessed.

The letter posits that a key reason for the attorneys general message
supporting a ban could be that the vast majority of signatories serve
states and territories where marijuana is legal in some form, and those
businesses “compete directly with hemp products.”

“Instead of competing on price and quality, these AGs want Congress to
eliminate their competition,” he said. “Think about that. Your state’s top
law enforcement official wants to criminalize products that millions of
adults use—not because they’re dangerous, but because they’re cutting into
state tax revenue.”

It concludes by describing “two options” for Congress: Lawmakers can move
to prohibit the intoxicating cannabinoid products and launch “another drug
war” that ignores consumer demand, or they can create a regulatory
framework for the hemp market that establishes “rules around quality and
standards for the benefit of the principal stakeholders that should have
existed from day one.”

If they opt for the latter option, Bevan said that should start with age
requirements for hemp purchases and allowing a transition period for
businesses to get into compliance with any new regulations, Bevan said.

“The question isn’t whether to regulate hemp products—clearly we should.
The question is whether we’ll do it intelligently, or whether we’ll repeat
the failures of prohibition one more time and miss another opportunity for
American leadership and innovation,” he said. “Millions of Americans have
made their choice. They want these products. They deserve safe, regulated
acces—not criminalization. It’s time for Congress to listen to the people,
not just the tax collectors.”

Meanwhile, a coalition of major alcohol industry associations is throwing
its weight behind the push to get Congress to ban intoxicating hemp products—at
least on a temporary basis before the federal government creates a “robust
regulatory framework” for the marketplace.

As lawmakers work to finalize appropriations legislation, they’ve felt
pressure on both sides of the hemp debate, with some interests endorsing
controversial proposals to outright prohibit intoxicating cannabinoids and
others that have called for a comprehensive regulatory approach that could
prevent significant economic fallout for the hemp industry.

There’s been a surge in congressional lobbying from major alcohol companies
and associations in recent months, with stakeholders aiming to influence
federal hemp laws that focus on THC beverages that many consumers are
turning to as beer and liquor alternatives.

As Congress continues to navigate a path forward on funding legislation to
end an ongoing government shutdown, lawmakers are still at work attempting
to reach a deal on federal hemp laws—with one GOP senator telling Marijuana
Moment that multiple options are on the table, though it will ultimately
come down to what leadership wants.

Two GOP lawmakers—McConnell and Rep. Andy Harris (R-MD)—have pushed
aggressively for an outright ban on hemp products containing THC. But
others such as Sen. Rand Paul (R-KY) have insisted that such a policy
change would devastate the industry. And Paul said recently he’d go so far
as to hold up large-scale spending legislation if a full ban was kept intact
.

The senator also pushed back against the recent letter from the state and
territory attorneys general who implored Republican leaders to fully
prevent the marketing of intoxicating hemp products.

“Some of them came back from states that have completely legalized
marijuana, and they’re going to ban hemp? I mean, it’s just ridiculous,” he
said. “So they prefer people to use a much higher dose of THC from cannabis
than lower-dose hemp products. It doesn’t make any sense.”


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As far as legislative options go, Paul did put forward legislative language
recently to require a study and report on state regulatory models for hemp
that could inform future revisions to the federal law—rather than prohibit
sales altogether, as McConnell would have it.

In August, McConnell–who ushered in the federal legalization of hemp under
the 2018 Farm Bill–took to the Senate floor to criticize those who opposed
the ban, including Paul.

Meanwhile, Paul recently filed a standalone bill that would go in the
opposite direction of the hemp ban, proposing to triple the concentration
of THC that the crop could legally contain, while addressing multiple other
concerns the industry has expressed about federal regulations.

The senator introduced the legislation, titled the Hemp Economic
Mobilization Plan (HEMP) Act, in June. It mirrors versions he’s sponsored
over the last several sessions.

*Read the letter from Bevan to congressional leaders on the hemp ban
proposal below:*

The post Legalizing Intoxicating Hemp Products Wasn’t A ‘Loophole’ But Was
Intentional, Expert Who Helped Draft Farm Bill Says appeared first on Marijuana
Moment.