Dodgy producers of hemp-derived intoxicants would have a year to continue selling their colorfully packaged treats to kids before the substances are banned or regulated federally, members of a U.S. Senate committee agreed this week.
The provision, tucked into the 2025 Agriculture-FDA spending bill passed by the Senate Appropriations Committee on Thursday, aims to close what lawmakers call the “hemp loophole”—language in the 2018 Farm Bill that unintentionally opened the door to intoxicating hemp products. That bill legalized hemp with less than 0.3% delta-9 THC by dry weight but did not anticipate the emergence of lab-made compounds like delta-8 THC, which are chemically converted from non-intoxicating CBD.
Senate Minority Leader Mitch McConnell (R-KY), who led the push for hemp legalization in 2018, is now driving efforts to ban these intoxicants. “This language had an unintended consequence that has allowed for intoxicating hemp-derived synthetic products to be made and sold across our country,” McConnell said, referencing products such as gummies and cereals designed to appeal to children.
Synthetic surge
Lab-made cannabinoids like delta-8 THC, delta-10 THC, HHC, and THCP are typically synthesized from CBD using chemical processes. These substances mimic marijuana’s effects but often skirt regulations. The unregulated market has exploded in recent years, with products sold at gas stations and convenience stores nationwide, often with no age restrictions or safety testing.
Critics argue that many of these items are misbranded or laced with unknown compounds. “These intoxicating products have flooded the market in the absence—no regulatory structure, and [businesses] often use deceptive and predatory marketing towards children with packaging and logos similar to existing food products such as Oreos, candy, gummies and cereals,” McConnell said.
CBD at risk
But opponents of the bill say its language is dangerously broad, threatening even legal, non-intoxicating CBD products. Any “quantifiable” amount of THC would trigger the ban, which is problematic given that most CBD extracts contain trace amounts of THC due to current extraction methods. “I don’t know how you’d be able to sell CBD oil with that,” said Sen. Rand Paul (R-KY), who recently introduced a competing bill to increase the THC threshold in hemp.
Sen. Jeff Merkley (D-OR), a longtime hemp advocate, voiced concern that the Senate measure “addresses one very important issue, but causes another problem.” Merkley supports targeting hallucinogenic hemp substances but wants to ensure that CBD products remain accessible to consumers.
The Senate bill differs slightly from a similar measure approved in the House last month, including a new requirement for a government report on the impact of the ban. That analysis, due within 180 days of enactment, would assess effects on the cannabinoid marketplace and explore standards for packaging, testing, and labeling.