Dozens of state attorneys general have signed a letter calling on congressional leaders to clarify the federal definition of hemp to declare “recreational synthetic” THC products illegal.
The letter was signed last week by 39 state attorneys general, including representatives from Puerto Rico and the U.S. Virgin Islands, and comes as Congress reexamines the “loophole” in the 2018 Farm Bill that has allowed for the sale of hemp-derived THC beverages and other items nationwide, in states that have not crafted their own regulations outlawing their sale.
While the Farm Bill legalized industrial hemp for commercial use, the “inadvertent ambiguity” in the definition is allowing “bad actors” to exploit it and sell dangerous drugs to the public, the letter said.
“As a result, shelves and display cases in gas stations, convenience stores and other retail locations throughout our states are stocked to the brim with potent, psychoactive THC products—often packaged and sold in ways meant deliberately to appeal to children,” the letter said.
Furthermore, the letter stated, attempts by states to outlaw hemp-derived products are not a solution and will lead to a “patchwork of bans and regulations” that differ across the country.
“We ask Congress to act decisively to clarify the Farm Bill’s definition of hemp to ensure intoxicating THC products are taken off the market,” the letter concluded.
The letter was co-sponsored by Arkansas Attorney General Tim Griffin, Connecticut Attorney General William Tong, Indiana Attorney General Todd Rokita and Minnesota Attorney General Keith Ellison. Attorneys general of the following states and territories joined the bipartisan coalition: Alabama, Arizona, California, Colorado, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, U.S. Virgin Islands, Utah, Vermont, Virginia and Wyoming.
A number of hemp-THC suppliers as well as advocacy groups are now calling on supporters to contact their U.S. senators and representatives to urge them to remove language from the appropriations bill that would ban hemp-THC products.
The Hemp Beverage Alliance, for example, created sample emails for members to send to elected officials.
Diana Eberlein, chair of the Coalition for Adult Beverage Alternatives and member of CSP’s Cannabis Board, called the federal fight to save hemp-THC “our Super Bowl” in a recent LinkedIn post.
“None of the state regulatory issues matter if the federal government bans intoxicating hemp through any spending package,” Eberlein wrote. “Hemp has been united, collectively applying pressure and working closely with our strategic partners—and we’ve seen the momentum picking up steam, but we need to keep pushing.”
Sen. Rand Paul, R-Kentucky, an outspoken hemp-THC supporter, has said he would support a continued federal government shutdown if it meant protecting the legality of hemp-THC products.
CSP will host its inaugural Cannabis Forum March 23-26, 2026, in the Chicago area. For more information, contact Michael Marino, senior director of retail relations, at Michael.Marino@informa.com.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.