Attorneys General Call for Congressional Clarity on Hemp Definition
A bipartisan group of 39 state Attorneys General has sent a letter to Capitol Hill urging Congress to amend the federal definition of hemp. Their goal is to eliminate any ambiguity that allows intoxicating THC‑derived products—such as delta‑8, delta‑10, THC‑O, THCP and HHC—to be sold legally under the guise of hemp.
The 2018 Farm Bill’s Original Intent
The Agricultural Improvement Act of 2018 defined hemp as any part of the Cannabis sativa plant or its derivatives containing no more than 0.3 % delta‑9 tetrahydrocannabinol (THC) on a dry‑weight basis. Lawmakers framed the provision as a way to support industrial hemp farming while preserving the longstanding prohibition on intoxicating cannabis products.
How the Current Definition Creates a Loophole
Because the statute mentions only delta‑9 THC, manufacturers have exploited the gap by converting cannabidiol (CBD) extracted from low‑THC hemp into other psychoactive cannabinoids. These compounds—delta‑8 THC, delta‑10 THC, THC‑O, THCP and hexahydrocannabinol (HHC)—are not naturally abundant in the plant but can be synthesized in laboratories.
The Attorneys General warn that the resulting products are often displayed in gas stations, convenience stores and online marketplaces, sometimes packaged with bright colors and cartoon imagery that appeal to children. They describe the situation as a “grievously mistaken interpretation” of Congress’s original aim.
State‑Level Efforts Fall Short
Many states have attempted to ban or regulate these intoxicating hemp derivatives on their own. However, the letter argues that a patchwork of state laws leads to inconsistent enforcement and fails to stop the flow of products across state lines, particularly those sold via mail order.
Without a federal fix, the AGs contend that enforcement will remain uneven and that the legitimate hemp industry—focused on fiber, grain and non‑intoxicating extracts—will continue to be undermined by the proliferation of potent, psychoactive items.
Congressional Pushback from Hemp Advocates
In a counter‑move, 35 members of Congress recently urged opposition to language in the FY26 Agriculture‑FDA Appropriations Bill that they argue would “deal a fatal blow” to American farmers and small businesses operating within the regulated hemp sector. They maintain that a clear definition preserving the 0.3 % delta‑9 THC threshold is essential to protect lawful hemp cultivation.
What a Clarified Definition Could Achieve
The Attorneys General stress that tightening the definition to cover all intoxicating THC isomers would not hinder the growth of industrial hemp. Plants used for fiber, seed or CBD extraction naturally contain negligible levels of any THC form, so legitimate agricultural activities would remain unaffected.
By closing the loophole, federal lawmakers could restore the original balance intended by the 2018 Farm Bill: supporting a viable hemp market while keeping psychoactive cannabis products out of unrestricted retail channels.
Conclusion
The debate highlights a growing tension between promoting agricultural innovation and safeguarding public health. As the conversation continues, stakeholders on both sides agree that a precise, scientifically grounded federal definition is necessary to prevent unintended consequences and to uphold the integrity of the hemp industry.
For the full text of the Attorneys General’s letter, see the original source: Here
