Closing the Loophole... and Opening Pandora’s Bureaucratic Box

AKA "The Ongoing War on Hemp-Derived Happiness"

By Someone Who Enjoys Their Legal Hemp, Thank You Very Much

July 21, 2025, somewhere that still respects the Farm Bill

So, apparently, the powers that be have decided that America’s biggest problem right now is... too many adults enjoying hemp legally. You know, hemp — the thing Congress proudly legalized back in 2018 under the Farm Bill, which was supposed to usher in an age of industrial innovation, CBD chill, and yes, a few mildly buzzed soccer moms. But now? They’re coming for your delta-8 gummies and THCA prerolls like it’s 1937 all over again.

The “Loophole” That’s Really Just the Law

Let’s get one thing straight: this infamous “loophole” everyone’s talking about? It’s called the law as written. The 2018 Farm Bill defined hemp as cannabis with less than 0.3% delta-9 THC on a dry weight basis. Not total THC, not “feelings,” not vibes — delta-9. So, when hemp entrepreneurs started crafting products with delta-8, delta-10, THCA, and other alphabet soup cannabinoids that weren’t restricted by name, that wasn’t “exploiting a loophole.” That was called reading comprehension.

But apparently, reading comprehension is in short supply in D.C. these days.

Congress: Solving Problems That Don’t Exist Since Forever

Fast-forward to June 2025. Representative Andy Harris (Maryland’s unofficial Fun Police Captain) threw a wet blanket on the party with a proposal to redefine “hemp” in a way that would ban basically anything with a hint of psychoactive sparkle. His brilliant plan? Limit total combined THC to 0.3%, and then go ahead and outlaw anything with even a "quantifiable" amount of THC — which is like banning orange juice for being too citrusy.

Sure, industrial hemp for rope and chicken bedding gets a pass. But your tincture that helped you sleep? Kiss it goodbye. Your gummies that kept you off opiates? Sorry, not unless you go through a labyrinthine licensing process. Because nothing says “health and safety” like pushing people back toward illicit markets!

States Gone Wild

Since Congress is too busy fighting over which end of the banana to peel, states have decided to take matters into their own hands. Some have gone full-on prohibition mode, while others are trying to regulate like adults (shoutout to Governor Abbott for at least pretending to use logic for once).

• California, in a stunning display of “we know what’s best for you,” banned any hemp product with detectable THC. That’s right — detectable. As in, if a lab can find it, it’s illegal. There goes your CBD tea and your grandma’s arthritis cream.

• Virginia capped THC at 0.3% in all hemp products — because clearly, what Virginians really need is fewer wellness options and more confusion.

• Arkansas said “hold my sweet tea,” scheduled delta-8 and delta-10 as controlled substances, and bragged about it like they just saved the kids from certain doom. (Fun fact: the court said that states don’t have to legalize anything under the Farm Bill, because… freedom, I guess? Just not your freedom.)

• Texas, bless its confused heart, tried to pass a ban too. But then Governor Abbott vetoed it, worried about litigation. So naturally, he called for a special session to come up with a plan to treat hemp like alcohol. Which — if you’re keeping score — means age restrictions, labeling, and regulation... instead of just setting your CBD oil on fire and calling in the SWAT team.

So What’s the Big Deal?

Here’s the thing: people want access to hemp-derived products. They’re federally legal. They’re already everywhere. And they’re helping folks relax, manage pain, sleep, and stay off pharmaceuticals that come with actual risk. The only thing these new laws and regulations are doing is:

1. Confusing consumers.

2. Crippling small hemp businesses.

3. Driving sales back to the unregulated black and gray markets — which, by the way, don’t check IDs or lab test anything.

Great job, government! Truly, a masterclass in unintended consequences.

Why You Should Care

The bottom line? The 2018 Farm Bill wasn’t broken — until politicians started trying to “fix” it. With federal bans looming, state crackdowns intensifying, and courts affirming these restrictions, the golden age of accessible, safe, hemp-derived options may be fading fast.

So if you like your delta-anything, if you believe adults should be trusted with federally legal plant compounds, and if you’re tired of government whack-a-mole games with your wellness products — speak up. Because if we don’t stop this regulatory overkill, the only loophole left will be the one people crawl through to keep their freedom intact.

---

In Maryland, you can let your voice be heard right now! By scanning the QR code below on your mobile phone (hold down with one finger on iphone) it will send a version of the email below to Governor Wes Moore and his Staff letting them know that you do not support further limiting access to legal hemp products in Maryland.

Subject: Please Protect Access to Legal Hemp Products in Maryland

Dear Governor Moore and Cabinet,

I’m writing as a Maryland resident to express concern about the new law restricting access to federally legal hemp products, effective July 1, 2025. These products—especially those containing small, non-intoxicating amounts of THC—have provided significant relief to me and many in my community without the dangers of opioids or pharmaceutical drugs.

Banning products with more than 0.5mg THC per serving, unless sold by licensed cannabis businesses, unfairly limits access to plant-based wellness tools that are legal under the 2018 Farm Bill. Many Marylanders rely on these products for pain, sleep, and anxiety relief, and this law threatens to take them away.

I urge you to reconsider enforcement of these restrictions and support a regulatory framework that preserves safe, legal access to hemp products while respecting federal law and public health.

Thank you for your time and leadership.

Sincerely,

[Your Name]