Federal Hemp Loophole Must Be Implemented With No Delay
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By Jordan Zuccarelli |
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In case you missed it, a new op-ed in the Washington Examiner highlights a critical public-policy issue: the federal prohibition on intoxicating hemp products that Congress passed into law with bipartisan support last November must be fully implemented this year, without delay.
With the U.S. House Committee on Agriculture set to begin markup of the Farm, Food, and National Security Act of 2026 – also known as the Farm Bill – on March 3rd, the intoxicating hemp industry is pushing hard to keep these products on the market.
But as Diane Carlson writes, “the measure passed with a rare bipartisan supermajority of 76 senators. It reflected what harmed families, emergency physicians, leading public health and youth-serving organizations, law enforcement, regulators, and 39 state attorneys general, both Democrat and Republican, had already concluded: this loophole had become a national public-health crisis. It was causing unacceptable harm to children, families, and communities nationwide.”
Carlson, who is the co-founder and national policy director of One Chance to Grow Up, a nonpartisan, nonprofit organization that educates and advocates children’s interests in marijuana policy, goes on to note that “in the “Wild West” of the intoxicating hemp market, there are no age gates, no testing standards, no ingredient disclosures, no warnings. The only assured variable is predictable harm from those building businesses off targeting children and deceiving the public through “dupe” products and false claims.”
Background: A provision signed into law last November will end the nationwide unregulated sale of psychoactive Tetrahydrocannabinol (THC) products disguised as “hemp” or cannabidiol (CBD). These items have flooded gas stations, convenience stores and online marketplaces with gummies, vapes and drinks that can rival marijuana in potency and typically appeal to children. The prohibition is set to take effect this November, but the intoxicating hemp industry is seeking to delay implementation of the law.
The Problem: Since 2018, bad actors exploited hemp regulations to create unregulated, lab-produced intoxicants (gummies, vapes, drinks) with THC levels matching regulated marijuana markets but are sold without age gates, testing standards or ingredient disclosures.
The Harm: The consequences are real. The loophole has contributed to accidental child poisonings, emergency room visits, impaired driving incidents and serious mental health concerns.
Carlson writes “the intoxicating hemp free-for-all led to the rise of accidental child poisonings and injuries, ER visits and hospitalizations, impaired driving, and other serious physical and mental health effects, including acute psychosis that, for some, led to suicide.”
The Solution: The closure doesn’t ban hemp or eliminate CBD – it simply ensures intoxicating products can’t be marketed as “hemp” and sold in easily accessible stores and locations. Implementation cannot be delayed if we’re serious about protecting children and families.
“If a product can intoxicate, it should not be marketed as wellness ‘hemp’ and sold next to everyday candies, snacks, and drinks outside of a voter-approved marijuana dispensary.”
Congress acted. Now the law must take effect on schedule. Protecting kids from unregulated intoxicating products should not be controversial, it should be common sense.
The full op-ed in the Washington Examiner can be viewed here: https://www.
