A fresh federal legislative push could bring clarity to the fractured market for hemp-derived intoxicating products through draft legislation that would restrict consumable hemp products to adults 21 and older—including edibles, beverages, and inhalables—under strict regulatory controls.
Although the draft, circulated by Rep. Morgan Griffith (R-VA), has drawn attention as the first serious federal framework, it is not currently folded into the pending–and much delayed– 2023 Farm Bill. Instead, the measure would move through the appropriations process, where attempts to tighten hemp rules have already encountered resistance.
Senate leaders recently stripped out provisions that would have prohibited or tightly restricted the intoxicating substances from the agriculture spending bill after pushback from key Republicans, underscoring how divided Congress remains over hemp.
Root of the problem
The intoxicating hemp trade emerged from a loophole in the 2018 Farm Bill, which legalized hemp and all its derivatives so long as the delta-9 THC concentration did not exceed 0.3% on a dry-weight basis. The law made no distinction for other intoxicating cannabinoids such as delta-8 THC, many of which are created through chemical conversion from hemp-derived CBD. That omission left a gray area now exploited by producers of intoxicating hemp products.
The loophole has left state governments to clean up the mess, with legislative and regulatory developments emerging almost weekly.
Safety concerns grow
Public health advocates warn of safety concerns ranging from residual solvents and heavy metals to misleading potency claims, and have criticized youth-friendly packaging used by many of the producers in efforts to attract young buyers.
The Griffith draft bill would require youth-resistant packaging, cannabinoid labeling, and bans on ingredients such as alcohol, nicotine, and caffeine. HHS would set limits on the levels of intoxicating substances in individual products.
Key provisions of the draft hemp bill:
- Hemp consumable products, including beverages, expressly permitted and regulated by FDA
- HHS required to maintain and update a list of cannabinoids, with first list published within one year of passage
- New definitions added for “cannabinoid hemp product,” “inhalable cannabinoid hemp product,” “oral cannabinoid hemp product” (includes beverages), “prohibited cannabinoid product,” and “total intoxicating cannabinoid content”
- Milligram thresholds set for total intoxicating cannabinoid content
- Federal Food, Drug, and Cosmetic Act (FFDCA) amended and reorganized with a new chapter for cannabinoid hemp products
- Prohibits added substances such as alcohol, caffeine, tobacco, nicotine, melatonin, or any other ingredient deemed by HHS to alter cannabinoid effects
- New labeling requirements: cannabinoid content per serving and package, CBD content (even if zero), total naturally occurring intoxicating cannabinoid (even if zero), and all cannabinoids present
- Mandatory QR code linking to certificate of analysis (COA)
- Requires tamper-evident packaging, with HHS empowered to set child-safety standards
- Prohibits packaging attractive to under-21s, including cartoons, animals, vehicles, candy or fruit shapes, or brightly colored designs
- Sales restricted to adults 21+
- Implements manufacturing and testing standards, including facility registration
- Creates a cannabinoid hemp product list and a hemp product advisory committee
- HHS required to issue rules specifying milligram limits for product types within 60 days; final rule due in 3 years
- If HHS fails to finalize within 3 years, default milligrams take effect:
- Oral non-intoxicating cannabinoids: 10 mg/serving, 50 mg/package
- Inhalable products: 100 mg/serving, 500 mg/package
- Topical products: 100 mg/serving, 500 mg/package
- Intoxicating cannabinoid limit (such as delta-9 THC): 0.2 mg/serving, 1 mg/package
Recent state developments
South Dakota: The state’s modest $66 million medical marijuana sector is backing a crackdown on hemp-derived intoxicants. The Pennington County Sheriff’s Office recently ran a sting operation at eight smoke shops and convenience stores in Rapid City, seizing hemp-based THC gummies, drinks, and other products. Industry lobbyist Jeremiah Murphy told the state’s Medical Marijuana Oversight Committee that easy access to hemp undercuts the 14,000-patient MMJ program, discouraging consumers from paying doctor and state fees when comparable products are available at retail. South Dakota lawmakers banned “chemically synthesized” THC in 2024, but enforcement actions and pending lab tests in Sioux Falls show the conflict is far from settled.
Missouri: A group is poised to file a 2026 ballot initiative within days to unify hemp and marijuana regulation under one system, citing the need for equity, transparency, and streamlined licensing. The campaign, “Missourians for a Single Market,” argues that marijuana regulations are constitutionally fixed, disadvantaging hemp operators, and proposes statutory reform in their place.