How Hemp Became America's Loophole For Legal Highs

America has been living in a de facto legalized weed paradise for six years—and it’s all thanks to an unexpected loophole in the 2018 Farm Bill.

When Congress passed the Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill, the goal was to legalize hemp for industrial uses and nonintoxicating supplements like CBD oil, The Atlantic’s Mike Rigg reported.

See Also: No More Getting High On Hemp In America? Multiple States Begin Intoxicating Hemp Crackdown

However, the bill’s language also allowed the production of intoxicating hemp-derived THC, sparking a nationwide boom in legal highs. This unforeseen consequence has created a billion-dollar industry, blurring the lines between hemp and marijuana.

Now, people across the U.S. can get stoned on hemp-derived THC without breaking federal law. These highs are indistinguishable from those derived from marijuana. According to personal accounts from users in North Carolina, the effects are the same. Essentially, Congress inadvertently legalized weed across the United States six years ago.

A Legal Loophole Unveiled

The 2018 Farm Bill defines hemp as any part of the plant with a delta-9 THC concentration of not more than 0.3 percent by dry weight. This seemed logical, but scientists had already discovered ways to convert CBD into delta-9 THC and delta-8 THC, both intoxicating.

According to the Farm Bill’s text, it was legal to convert CBD into delta-8 THC if the plant contained less than 0.3 percent delta-9 THC. This loophole was eventually confirmed by the Ninth Circuit Court of Appeals, leading to a surge in delta-8 THC products in 2020.

Moreover, hemp-based intoxicants aren’t limited to delta-8 THC. The Farm Bill also allows for hemp-based delta-9 THC products if the delta-9 content is 0.3 percent or less of the product's dry weight.

A Billion-Dollar Industry

Estimates place the hemp-derived cannabinoid industry in the billions of dollars. The marijuana industry sees this as a threat. Unlike marijuana, hemp products can be advertised online, use banks and are federally legal. This disparity has led marijuana lobbyists to seek regulatory parity.

Safety And Regulation Concerns

Some experts warn that creating hemp-based cannabinoids could be dangerous. Humans have used delta-9 THC for a long time, but not delta-8 or other new cannabinoids. This has led to a push for clearer regulations.

In March, 21 state attorneys general wrote to Congress, demanding the definition of hemp be clarified to close the loophole.

An amendment to the next Farm Bill proposes banning hemp-based cannabinoids. This move has faced opposition from the hemp industry and other groups.

State-Level Battles

State-level legislative battles hint at the future of this industry. In June, Florida Governor Ron DeSantis vetoed a bill restricting hemp cannabinoids while launching a campaign against legalizing recreational marijuana. Industries this large can be regulated but are tough to eliminate.

Read Next:

• Intoxicating Hemp Products Face Regulatory Crackdown Across Multiple States
• Federal Researchers Find New Methods To Ascertain Difference Between Cannabis And Hemp