Now Is Congress’ Chance To Close Its Hemp Loophole—And Save Lives

As the U.S. House of Representatives and Senate draft their versions of the Farm Bill, closing a loophole that has facilitated the nationwide proliferation of intoxicating hemp-derived THC products, like Delta-8 THC, should be a top priority. For America’s kids, the stakes could not be higher.

Delta-8 THC is one of hundreds of cannabinoids found in the hemp plant and is structurally similar to Delta-9, traditional THC. Delta-8 does not naturally exist in high concentrations, so it is manufactured from hemp-derived CBD. Because Delta-8 THC is virtually identical to Delta-9 THC, it carries similar risks including risks of addiction and psychosis.

The 2018 Farm Bill descheduled hemp, with the intention of allowing it to be used for industrial purposes. Hemp is a non-intoxicating variant of the cannabis plant and is legally defined as being below 0.3 percent THC. Hemp also contains CBD, a nonpsychoactive component of the cannabis plant.

However, the legalization of hemp inadvertently legalized hemp-derived THC, which can be extracted and converted into much stronger concentrations that are, in effect, the same as traditional Delta-9 THC products. The addiction-for-profit industry has exploited this loophole, using it to sell THC-infused candies, drinks, and vapes to impressionable kids.

What has ensued has been nothing short of a public health disaster. This failure in the 2018 Farm Bill has led to hundreds of emergency department visits, and caused thousands of calls to poison control centers. Federal leaders must follow the example of their colleagues in state governments across the nation and recognize that mere “regulation” for these hemp-derived products is not enough.

First, because these products are ostensibly legal at the federal level, they have gone on sale in gas stations and convenience stores across the nation. Kids, who are attracted to hemp-derived THC products that are often packaged to look like candy, have died from ingesting these dangerous products.

As a result, the federally funded Monitoring the Future survey found that 11.4 percent of all 12th graders used Delta-8 THC last year, and Delta 8 use “prevalence was lower where Delta 8-THC was banned (5.3%) or restricted (6.1%) vs places in which there were no regulations (14.4%).” The report noted, “this prevalence level is considerable for a substance that has only recently come to market.” The study’s lead author exclaimed, “we were surprised to see use levels this high among 12th graders.” The use of Delta-8 THC will only further increase as awareness increases.

As Delta-8 THC use has risen, calls to poison control centers have followed. There were 3,358 exposures managed by poison control centers in 2022, up 82 percent from 2021. The board president of America’s Poison Centers and leader of the Illinois Poison Center warned about “emerging public health threats, such as fentanyl and Delta-8 THC.”

There were 149 emergency department visits recorded between January and July 2021 attributed to Delta-8 THC, up from four in all of 2020.

Given these alarming outcomes, the Food and Drug Administration (FDA) issued a warning that these products—which are sold as vapes, candies, cookies, and more—”have not been evaluated or approved by the FDA for safe use in any context.” Worse yet, it warned that the companies selling these hemp-derived products are relying on “marketing, including online marketing of products, that is appealing to children.” These companies know they can target kids and get away with it because Congress has not explicitly banned the practice.

Because of these harms, 17 states have banned Delta-8 THC, including marijuana-friendly states like Colorado, Oregon, Alaska, and New York. Our organization, Smart Approaches to Marijuana, helped lead the effort to ban Delta-8 in Arkansas this past year.

A compromise, such as an agreement to “regulate” these hemp-derived THC products, should be summarily rejected. Regulations would not go far enough, as that approach would still allow these products to remain available. As we have seen with state-level attempts to legalize and regulate marijuana, these products still fall into the hands of young people. Only a complete ban of hemp-derived intoxicants will safeguard public health and safety.

We should be clear—we’re not calling for a total ban on hemp. But our nation’s political leaders must close the loophole that has allowed intoxicating hemp-derived products to be aggressively marketed toward our kids.

To get this policy over the finish line, congressional leaders must prioritize it. The 2018 Farm Bill unleashed this problem; the 2024 Farm Bill must fix it.

The time to close the Delta-8 loophole in the Farm Bill is now. We may not get another chance, as the industry exploiting this process will continue to expand its profits from sales to youth, thus solidifying its commercial and legislative interests.

Dr. Kevin Sabet is the President of Smart Approaches to Marijuana and the Foundation for Drug Policy Solutions. He is a former White House drug policy advisor to Presidents Obama, Bush and Clinton.

The views expressed in this article are the writer’s own.