• A coalition of 39 state and territory attorneys general recently submitted a letter to congressional leaders requesting clarification of the federal definition of “hemp” under the Agricultural Improvement Act of 2018 (commonly known as the 2018 Farm Bill). The letter, coordinated by the National Association of Attorneys General (NAAG), expresses concern over what the signatories describe as the unintended consequences of the current statutory language, particularly regarding the proliferation of hemp-derived intoxicating products.
  • The 2018 Farm Bill federally legalized hemp by defining it as cannabis containing no more than 0.3% delta-9 tetrahydrocannabinol (THC) on a dry weight basis. This definition was intended to distinguish non-intoxicating industrial hemp from marijuana, which remains a Schedule I controlled substance under federal law. However, the bill did not explicitly address other cannabinoids derived from hemp, such as delta-8 THC, delta-10 THC, THC-O, and others. These compounds, while chemically distinct from delta-9 THC, can also produce psychoactive effects and are often synthesized from cannabidiol (CBD) extracted from hemp.
  • According to the letter, the attorneys general assert that certain manufacturers are exploiting ambiguities in the Farm Bill’s definition of hemp to produce and sell synthetic THC products that they claim fall within the legal scope of the law. The AGs argue that these products are often more intoxicating than marijuana and are being marketed in ways that appeal to minors, including as gummies, candies, and beverages.
  • The attorneys general are urging Congress to act either through the Fiscal Year 2026 appropriations process or the upcoming reauthorization of the Farm Bill. Specifically, they seek a revision to the definition of hemp that would make clear that intoxicating hemp-derived THC products are not legal under federal law. They emphasize that such clarification would not affect the cultivation of industrial hemp for non-intoxicating uses, which they support.
  • Keller and Heckman will continue to monitor federal legislative developments related to the definition of hemp and the regulation of hemp-derived cannabinoids.