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Current and former state officials, advocates and business representatives met last week to discuss the legal landscape around hemp-derived cannabinoid products. The discussion covered the explosion of intoxicating products, potential harms, and how policymakers are moving forward amid the uncertainty. The presentation, “Illicit Hemp-Derived Intoxicants: State Enforcement Mechanisms and Challenges,” was part of a project that seeks to provide dialogue on how cannabis legalization might preserve public health and safety. Since Congress passed the 2018 Farm Bill, unregulated products containing THC have proliferated. At the state level, policymakers are taking steps to rein in the products. Multiple states have moved to ban intoxicating cannabinoids. As federal lawmakers consider changes, attorneys general can take other steps to limit possible harms. Speakers acknowledged that vagueness in the Farm Bill may have unintentionally created the intoxicating hemp market. The hemp market is in its infancy, and law enforcement is having a difficult time discerning who’s the good actor and who’s the bad actor. Michelle Minton explained model legislation she’d developed for possible use by state officials. Many state-licensed cannabis companies have complained that intoxicating hemp products unfairly compete with marijuana. During a Q\&A portion of the webinar, an audience member asked whether only retailers with liquor licenses should be able to sell intoxicating hemp products. Speakers said they expected Congress to attempt to close the hemp loophole. The latest legislation that would ban intoxicating cannabinoids now proceeds to a full House committee for consideration. The 138-page bill covers a wide range of issues, but for the hemp industry, there’s a section of particular concern that would redefine hemp. Hemp industry stakeholders rallied against that proposal. Alcohol industry representatives urged members of Congress to create a federal regulatory framework. A report called cannabis a “significant threat” to the alcohol industry.

State Attorneys General Gather to Discuss Regulating Intoxicating Hemp Products

Jun 13, 2025

Source:

Ben Adlin

Marijuana Moment

The legal gray area of hemp-derived cannabinoids has state attorneys general and industry leaders huddling to figure out a path forward. A recent webinar hosted by the Attorney General Alliance highlighted the "Wild West" atmosphere created by the 2018 Farm Bill, which accidentally opened the floodgates for intoxicating products like Delta-8. While some states are rushing to implement bans, others are pushing for a more balanced regulatory model that includes age-gating, testing, and labeling. Proponents of this sensible approach argue that the real issue is federal marijuana prohibition, which drives consumers toward these unregulated alternatives when they can’t access a legal dispensary.

This matters to everyday tokers because the outcome could either mean a safer, more transparent marketplace or the total disappearance of accessible hemp products. A blanket federal ban would crush the American hemp industry and roll back years of progress. For the community, the goal should be "smart" regulation—keeping products out of the hands of minors while ensuring adults have safe, legal access to the plants and compounds they enjoy.

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