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Congress is considering bills that could end the loophole that has allowed the proliferation of psychoactive hemp-based substances (e.g., delta-8 THC, HHC, THC-O).
- Reminder: The 2018 Farm Bill legalized hemp. Based on how that law defined hemp, these substances were accidentally legalized.
- Why it’s important: Unlike marijuana, these substances are largely not regulated, meaning they can be sold at places including convenience stores and gas stations, without age verification, with flavors and packaging that appeal to kids, without product testing, etc.
The details:
- A draft of the House appropriations bill includes a provision that would close the loophole. That bill has been advanced by committee and is awaiting action by the full House.
- Sen. McConnell was largely responsible for passage of the 2018 hemp legalization and is now determined to close the loophole, viewing it as key to solidifying his agriculture policy legacy before he retires. At his urging, the Senate will include in its funding bill a provision to close the loophole. The Senate committee also just advanced its version.
- The House and Senate bills would reduce hemp-derived products’ legally allowed THC limit to zero.
Read more: McConnell looks to close hemp loophole through Senate funding bill
Published
July 2025