When Congress legalized hemp in the 2018 Farm Bill, lawmakers were trying to create a legal market for an agricultural crop.
They were not trying to create a nationwide market for intoxicating THC gummies sold in gas stations, convenience stores and online.
But that is what happened.
The 2018 law defined legal hemp largely by the amount of delta-9 THC it contained. That narrow definition created an unintended loophole that manufacturers used to produce and sell intoxicating cannabinoids such as delta-8 and delta-10 THC.
The result has been a growing market for intoxicating products sold in forms that can look remarkably similar to ordinary candy, snacks and beverages.
And there have been consequences.
National poison-center data show that reported exposures involving delta-8 THC increased sharply between 2021 and 2022, with young children accounting for a significant share of the cases. Minnesota has also experienced substantial increases in cannabis-related poison-control calls involving children.
This was never what Congress intended when it legalized hemp.
Congress Already Closed the Loophole
Congress finally acted in 2025.
The bipartisan reforms changed the federal definition of hemp to account for total THC, rather than relying only on delta-9 THC, and addressed intoxicating cannabinoids manufactured or synthesized outside the plant.
The goal was straightforward: preserve legitimate industrial and agricultural hemp while preventing the hemp definition from being used as a back door for intoxicating THC products.
That distinction matters.
This is not about banning hemp.
Farmers should be able to grow hemp for fiber, grain and other legitimate agricultural purposes.
The problem is intoxicating products that took advantage of a definition written for agriculture and turned it into a loophole for recreational THC.
Attorneys General From Both Parties Agree
This is not a partisan concern.
A bipartisan coalition of 35 attorneys general recently urged Congress not to delay, weaken or repeal the new federal hemp reforms.
Their warning was clear: reopening the loophole would create regulatory uncertainty and allow unregulated intoxicating hemp products back into the marketplace.
Republican and Democratic attorneys general alike have reached the same basic conclusion.
Legitimate hemp agriculture should be protected.
Intoxicating THC products should not be allowed to hide behind the word “hemp.”
That is common sense.
Now Congress Is Delaying the Reform
The new federal definition was scheduled to take effect in November.
Instead, Congress has approved a temporary delay affecting implementation of much of the new framework.
Supporters of the delay argue that Congress needs additional time to develop a long-term regulatory solution.
But Congress has already spent years watching this loophole develop.
States have spent years trying to respond.
Families have watched intoxicating products appear on ordinary retail shelves.
And attorneys general from across the political spectrum are telling Washington not to reopen a loophole Congress already voted to close.
Common Sense America agrees.
Protect American farmers.
Protect legitimate hemp.
But intoxicating THC products should be treated like intoxicating THC products.
Congress closed the loophole.
Let the law take effect.
