Maine Attorney General Aaron Frey (D) joined 38 other Attorneys General in signing a letter Friday that calls on Congress to close the so-called “hemp loophole,” a provision in the 2018 Farm Bill that cannabis advocates say as harmed public health and the legal weed industry.
The loophole in question legalized the cultivation and sale of products containing less than 0.3 percent THC Delta 9, the primary psychoactive ingredient in traditional cannabis. However, the legalization of “hemp” paved the way for innumerable scams, workarounds, THC products made from hemp oil converted into intoxicating ingredients, as well as organized crime rackets selling illicitly grown cannabis under the guise of hemp.
In a letter to the chairs of the congressional appropriations and agriculture committees, the attorneys general said the products — including forms like delta-8, delta-10, THC-O, THCP and HHC — are created by chemically manipulating hemp and are often more psychoactive than marijuana, a Schedule I controlled substance.
Because “hemp” and its derivatives are federally legal, these products can legally be shipped across state lines, whereas traditional cannabis products cannot. That means intoxicants made from hemp oil can be sold to a much larger market, including in states where cannabis is illegal, giving hemp producers and hemp intoxicant sellers a massive advantage over legal cannabis businesses operating in Maine.
“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,” the attorneys general wrote.
The letter said Congress never intended to legalize such intoxicating products when it passed the Agricultural Improvement Act of 2018, which aimed to allow non-intoxicating industrial hemp as a commodity while preserving prohibitions on cannabis. Instead, the attorneys general wrote, companies have exploited the law’s silence on hemp-derived THC variants other than delta-9 to produce and sell highly potent items without consistent age restrictions, labeling or safety standards.
“Intoxicating hemp-derived THC products have inundated communities throughout our states due to a grievously mistaken interpretation of the 2018 Farm Bill’s definition of ‘hemp’ that companies are leveraging to pursue profits at the expense of public safety and health,” the attorneys general wrote. “Many of these products—created by manufacturers by manipulating hemp to produce synthetic THC—are more intoxicating and psychoactive than marijuana … and are often marketed to minors.”
The attorneys general cited public health risks, pointing to data from Indiana showing a 41% increase in total cannabinoid and analog exposures reported to poison control centers between 2022 and 2024. Pediatric exposures under age 5 rose 46 percent, while those among children aged 6-12 increased 62 percent. Incidents involving “minor cannabinoids” like delta-8 and delta-10 surged 2,482 percent over the same period.
“Because Indiana has not legalized marijuana, most of these incidents likely involve hemp-derived intoxicants entering the market as a result of the psychoactive hemp industry’s perversion of the 2018 Farm Bill’s hemp provision,” the attorneys general wrote.
The letter said state-level bans create an uneven patchwork that fails to stop interstate sales, such as mail-order products. It emphasized that clarifying the law would not hinder industrial hemp cultivation, as true hemp lacks intoxicating THC levels.
“In this way, legal, nonintoxicating hemp is used to make Frankenstein THC products that get adults high and harm and even kill children,” the attorneys general wrote. “These products are being sold nationwide without consistent age restrictions, labeling standards, or safety requirements and are frequently packaged as gummies, candies, and beverages designed to appeal to young children.”
The letter was addressed to Senate Appropriations Committee Chair Susan Collins, House Appropriations Committee Chair Tom Cole, Senate Agriculture, Nutrition, & Forestry Committee Chair John Boozman and House Agriculture Committee Chair Glenn “GT” Thompson.
It was also signed by attorneys general from Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, 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, Utah, U.S. Virgin Islands, Vermont, Virginia and Wyoming.
Copies were sent to House Appropriations Subcommittee on Agriculture Chair Andy Harris and Senate Appropriations Subcommittee on Agriculture Chair John Hoeven.
Maine Wire Editor-in-Chief exposed the Hemp Loophole during his interview on the Shawn Ryan Show…
