
Originally Posted by
Norseman
Hemp-based intoxicants aren’t limited to delta-8 THC. The Farm Bill also appears to authorize the creation of hemp-based delta-9 THC products as long as the total delta-9 content is 0.3 percent or less of the product’s dry weight. This turns out to be easy to do. Carolindica, for instance, sells a 10-gram gummy that contains 30 milligrams of hemp-derived delta-9 THC, which is exactly 0.3 percent of the gummy’s total weight. The Florida-based company Crispy Blunts sells a cookie that weighs 22 grams and contains 50 milligrams of delta-9 THC. At 0.23 percent by weight, that’s well under the Farm Bill’s threshold, but the total THC content is five to 10 times as high as the legal per-serving limit in many of the states that have legalized recreational-marijuana edibles.
Estimates for the size of the hemp-derived cannabinoid industry are in the billions of dollars. Hemp-derived intoxicants are available at vape shops and gas stations. (The last time I visited my favorite local shop, I was one of two customers. The other was a cop in uniform buying hemp vape pens.) Craft-beer shops in North Carolina sell sodas infused with hemp-derived THC. States in which recreational marijuana is legal have imposed various regulatory limits on its sale. Not so with hemp-derived cannabinoids. According to a report from CBD Oracle, 17 states nominally banned hemp products as of 2023, but no one can stop deliveries from out-of-state producers, and state-level restrictions are likely preempted by the federal Farm Bill. Judges have blocked such bans from going into effect in Maryland, Arkansas, and Texas.
The seemingly overnight ubiquity of hemp intoxicants is a source of anxiety for the marijuana industry. If two companies are selling essentially the same product, and one is limited to in-person cash sales of highly taxed products at tightly zoned physical locations, while the other can advertise on Instagram, access the financial system, and ship to all 50 states, which company will still be around in five years? “[Marijuana] guys think this isn’t fair,” Karazin told me. “We don’t have to pay 16 percent excise taxes. We can use banks, we can accept credit cards, and we’re federally legal.”
The situation has spurred marijuana lobbyists to ask for parity in hemp and marijuana regulations, starting with a cap on the strength of hemp-derived intoxicants. The Cannabis Regulators Association has also asked Congress to establish that states can choose to restrict hemp within their borders.
Beyond the self-interested concerns of the marijuana industry, some experts warn that the chemical process of creating hemp-based cannabinoids could be dangerous—as could the new cannabinoids themselves. Humans have been smoking high doses of delta-9 THC for a long time. Not so with delta-8, to say nothing of the even more exotic hemp derivatives being developed.
These issues have brought together some truly strange bedfellows. In March, a group of 21 state attorneys general, including the progressive Rob Bonta of California and the Trumpist Kris Kobach of Kansas, wrote a joint letter demanding that Congress amend the definition of hemp to “clarify that there is no federal hemp intoxicants loophole.” Accordingly, in May, the House Agriculture Committee adopted an amendment for the next Farm Bill banning hemp-based cannabinoids. Whether that makes it into the final bill is an open question. The amendment drew the ire of not just the hemp industry but also the Wine and Spirits Wholesalers of America, which has joined the marijuana industry in calling for the regulation, but not prohibition, of hemp-derived intoxicants.
Perhaps the best evidence of how the fight will play out comes from legislative battles at the state level. In early June, Florida Governor Ron DeSantis launched a political-action committee to fight a state ballot initiative that would legalize recreational marijuana. The very same week, he vetoed a bill that would have restricted hemp cannabinoids in the state.
Industries this large can be corralled by regulation, but they’re tough to destroy. By the time Florida’s anti-delta-8 bill came across DeSantis’s desk, he had probably noticed the billboards begging him not to eliminate 100,000 jobs in the state. The high-on-hemp business, in other words, may already be too big to ban.
Support for this project was provided by the William and Flora Hewlett Foundation.
Mike Riggs is a writer in Durham, North Carolina.
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