As “hemp-derived” THC continues to be a problem in America, some states are taking steps to protect their citizens.
In 2018 congress passed the federal Agriculture Improvement Act legalizing industrial hemp in America. “Industrial hemp” refers to varieties of the cannabis plant that are low in THC.
The goal was to make it possible for farmers to grow hemp that could be used for rope, cloth, and similar products. But manufacturers found a way to extract and refine the THC in industrial hemp. Doing this on a commercial scale means they can produce a lot of THC to infuse into drinks, candies, and other products marketed as “federally legal THC” made from industrial hemp.
But the truth is that “federally legal THC” exists in a legally gray area. When congress legalized industrial hemp in 2018, most people probably did not anticipate it leading to THC gummies for sale. In a 2022 story, NPR described the situation as “a loophole in federal drug law.”
But a number of states are pushing back against THC made from hemp.
Last year officials in Minnesota issued a public health warning about “high-dose hemp-derived products” containing “hundreds of milligrams of THC per serving.” And Texas lawmakers reportedly filed legislation that would ban THC statewide.
On September 24, the California Department of Public Health published emergency rules prohibiting hemp products that “contain a detectable level of THC or other intoxicating cannabinoids.” After implementing the new rules, authorities in California seized more than 700 illegal THC products.
In 2023, Arkansas passed Act 629 by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould). This good law prohibits THC made from industrial hemp, and it contains a regulatory framework for hemp products if it is struck down in court. Act 629 has been tied up in federal court for quite some time, but attorneys expect a ruling in the case very soon.
While some states move to protect people from hemp-derived THC, a new proposal in Arkansas would legalize certain THC products.
H.B. 1722 by Rep. Jeremiah Moore (R — Clarendon) would effectively repeal Act 629 of 2023. This bad bill would legalize hemp-derived products containing THC in Arkansas — including THC vapes and other THC products made from industrial hemp.
And H.B. 1578 by Rep. Aaron Pilkington (R — Knoxville) would legalize drinks containing hemp-derived Delta-9 THC in Arkansas. The bill sets age restrictions, licensing requirements, and manufacturing guidelines for these drinks, but it does not clearly restrict the amount of THC a hemp-derived drink could contain.
That raises serious concerns.
Voters can leave a message encouraging their state representatives to oppose hemp-derived THC by calling the Arkansas House of Representatives during normal business hours at (501) 682-6211.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
This article has been updated to include additional details regarding the lawsuit over Act 629 of 2023.
