Attorneys general ask for clarification of 'hemp' definition
TOPEKA (KSNT) - A group of over 30 attorneys general signed a letter asking Congress for a clarification of the federal definition of hemp to separate which products are legal and illegal.
Nearly 40 attorneys general across the nation and its territories, including Kansas Attorney General Kris Kobach, submitted a letter on Oct. 24 to the National Association of Attorneys General (NAAG) regarding a provision of the 2018 Farm Bill. They ask for Congress to clarify the definition of hemp or reauthorize the Farm Bill to settle the legality of THC products being sold in the U.S.
"We, the undersigned Attorneys General, write concerning a provision of the 2018 Farm Bill that has been wrongly exploited by bad actors to sell recreational synthetic THC products across the country. We ask that Congress clarify the federal definition of hemp during the Fiscal Year 2026 appropriations process or through the reauthorization of the Farm Bill to leave no doubt that these harmful products are illegal and that their sale and manufacture are criminal acts."
NAAG letter excerpt
The attorneys general say that illegal hemp-derived THC products are flooding communities across the nation due to a misinterpretation of the 2018 Farm Bill's definition of "hemp" which they say is being used to exploit customer at the expense of public health. The group argues that clear directives from Congress are needed to put a halt to the production of these products to prevent a larger threat to public health than what presently exists.
The 2018 Farm Bill specifics that hemp-derived products cannot be made up of more than 0.3% delta-9 THC on a dry weight basis. However, the attorneys general say that chemical processes not taken into consideration by Congress when it enacted the 2018 Farm Bill has allowed for the creation of products that contain much higher concentrations of THC that are dangerous to consumers.
The letter accuses "industry actors" of misinterpreting the Farm Bill's legalization of low concentrations of hemp-derived delta-9. It also accuses them of taking advantage of the lack of definition of hemp-derived THC products other than delta-9 to claim the Farm Bill allows for the production of various synthetic cannabinoids.
"In this way, legal, nonintoxicating hemp is used to make Frankenstein THC products that get
NAAG letter excerpt
adults high and harm and even kill children."
The attorneys general end their letter by asking Congress to act swiftly and clarify the 2018 Farm Bill's definition of hemp to ensure that dangerous THC products are not available for sale.
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