AGs Urge Congress to Clarify Hazy Language in 2018 Farm Bill

Cozen O'Connor
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  • A bipartisan coalition of 21 AGs wrote a letter urging Congress to clarify the language in the 2018 Farm Bill, which is up for reauthorization this year, to address potential loopholes that have allowed bad actors to saturate the hemp market with unregulated, intoxicating THC-infused products.
  • In the letter, the AGs argue that the law’s current definition of hemp—0.3% THC limit which distinguishes industrial hemp from cannabis—is inadequate to distinguish the potential for intoxication, and has been exploited by bad actors leading to an emerging gray market flooded with unregulated, cannabis-equivalent products that are poorly manufactured and misleadingly labeled, and that are being consumed by underage individuals.
  • The AGs ask Congress to revise the law’s definition of hemp to clarify that there is no federal hemp intoxicants loophole, and reaffirm that Congress does not intend to limit states’ restrictions or regulations related to cannabinoids or other hemp derivatives that are deemed intoxicating.
  • We previously reported on the loopholes created in the 2018 Farm Bill, specifically concerning the prevalence of Delta-8 products, and the need for action.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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