37 State Attorneys General Call for Federal Ban on Hemp-Derived THC
Sealed letter with gold emblems beside a bag of gummies, a vape pen, and scales of justice, with the U.S. Capitol blurred in the background—symbolizing state attorneys general urging Congress to ban hemp-derived THC products.
A powerful coalition of 37 state attorneys general and two U.S. territories has formally urged Congress to impose a federal ban on hemp-derived THC products, citing widespread concerns about public health, youth access, and lack of regulatory enforcement. The letter, sent on October 24, underscores growing tension between the federally legal hemp industry and states struggling to regulate intoxicating cannabinoids like Delta-8 THC and Delta-10 THC.
The request marks a turning point in the national hemp debate, as calls for reform grow louder amid reports of unregulated and misleading products reaching consumers across the country.If your business sells hemp or cannabis products, compliance is no longer optional. Start with our quick Cannashield intake form to assess your regulatory exposure and protect your operation.
Understanding the Letter — and What It Means
The bipartisan group of attorneys general sent the letter to congressional leaders including House Speaker Mike Johnson and Senate Majority Leader Chuck Schumer. Their message was clear: close the loophole created by the 2018 Farm Bill, which legalized hemp and hemp-derived products containing less than 0.3% Delta-9 THC by dry weight.
That seemingly narrow provision has since opened the door for a thriving industry of hemp-derived intoxicating products—from Delta-8 gummies to THC beverages—sold outside of state-regulated cannabis systems.
In their letter, the attorneys general wrote that “the lack of federal oversight has led to widespread consumer confusion and the sale of potentially unsafe products that mimic regulated cannabis.” They emphasized that many of these items are marketed toward minors or contain inconsistent potency and contamination risks.
This plea for federal action comes as hemp-derived cannabinoids are rapidly blurring the lines between the hemp and cannabis industries.The Heart of the Issue: Hemp vs. Cannabis
At the center of the debate is the chemical similarity between hemp-derived THC compounds (like Delta-8 and Delta-10) and the Delta-9 THC found in cannabis. While hemp is federally legal, many of its intoxicating derivatives fall into a gray area — technically legal under federal law but unregulated at the state level.
For states that have legalized cannabis, this creates a major problem. Licensed cannabis operators must meet strict testing, packaging, and taxation requirements, while hemp-derived THC sellers often operate outside these frameworks. This uneven playing field has become a flashpoint for regulators, businesses, and lawmakers alike.
The attorneys general argue that Congress must clarify the law to restore consistency and safety. Without action, states will continue struggling to contain an unregulated marketplace that’s undercutting legal cannabis businesses while posing unknown risks to consumers.Unsure how upcoming federal or state reforms could affect your hemp or cannabis operations? Complete our Cannashield questionnaire to ensure your compliance and coverage strategy keeps you protected.
Growing Momentum for Reform
This isn’t the first time policymakers have called for tighter hemp regulation, but it may be the most unified push yet. The letter follows recent moves from both Congress and the U.S. Food and Drug Administration (FDA) to review the safety and legality of hemp-derived intoxicants.
Several states — including New York, Colorado, and Minnesota — have already enacted their own restrictions or outright bans on Delta-8 and similar products. Others have introduced new licensing requirements and testing protocols.
Industry groups are divided. Some hemp advocates argue that banning intoxicating hemp products would devastate small businesses and eliminate a multi-billion-dollar industry that emerged legally under the Farm Bill. Others, including many cannabis operators, support stronger oversight to prevent bad actors from exploiting loopholes and damaging the industry’s reputation.
What’s clear is that the hemp market’s future depends on how Congress responds. The 2024 Farm Bill renewal process could become the defining moment for hemp’s regulatory fate.Why It Matters for Operators
Whether you’re in hemp or cannabis, this letter signals a major shift toward stricter federal oversight. Operators can expect:
• Increased scrutiny on labeling, potency, and marketing claims.
• Mandatory testing and registration for hemp-derived cannabinoid products.
• Potential classification changes that could place intoxicating hemp compounds under the same regulatory umbrella as cannabis.
• Insurance implications as liability risks increase for noncompliance.
For businesses, this means now is the time to review your operations, documentation, and product claims. Regulatory audits, insurance coverage updates, and risk management frameworks will be critical for survival in a tightening market.Stay ahead of reform before it impacts your bottom line. Fill out our Cannashield intake form to protect your hemp or cannabis business from emerging regulatory risks.
Conclusion
The call by 37 state attorneys general to ban hemp-derived THC products marks one of the strongest bipartisan efforts yet to reshape cannabis and hemp regulation in the U.S. The message is clear: Congress must act to close loopholes, protect consumers, and create consistency between hemp and cannabis policy.
For operators, the writing is on the wall — compliance and transparency are the new cornerstones of survival. Businesses that proactively align with forthcoming regulations will stand out as trusted, reliable, and prepared partners in an industry under greater scrutiny than ever before.
At Cannashield, we help cannabis and hemp businesses protect themselves from the uncertainty of evolving laws through comprehensive insurance and compliance strategies tailored to each market.Complete our full intake form here to secure your business, strengthen compliance, and stay prepared for upcoming changes in federal hemp policy.
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