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June 8, 2025
The Loophole in the 2018 Farm Bill: Is Intoxicating Hemp on Its Way Out?
Since the 2018 Farm Bill was passed, hemp has seen a major comeback—but not without controversy. The bill legalized hemp products containing less than 0.3% Delta-9 THC by dry weight, the primary psychoactive compound in cannabis. However, it didn’t account for THCA—the non-psychoactive precursor to THC that becomes intoxicating when heated (for example, through smoking or baking). This oversight created a loophole that farmers and businesses quickly capitalized on.
As a result, products containing high levels of THCA, Delta-8 THC, Delta-10 THC, and even newer compounds like THCP began flooding the market under the label of "legal hemp." These products remain technically legal as long as they meet the Delta-9 THC threshold, despite having similar intoxicating effects when consumed.
Now, lawmakers are catching on. Efforts are underway to amend the Farm Bill and close this loophole by including all intoxicating cannabinoids, regardless of whether they’re derived from hemp or how they convert once consumed.
What do you think—should these hemp-derived cannabinoids remain legal?