A bipartisan coalition of 39 state and territory attorneys general has sent a formal letter to Congress. They urge lawmakers to take decisive action and ban against what they describe as “dangerous and intoxicating” hemp-derived THC products.
The letter, led by attorneys general from Arkansas, Connecticut, Indiana, and Minnesota, calls for an end to the sale of these products. These products have become widely available following the passage of the 2018 Farm Bill.
The core of the issue, as outlined by the officials, is a perceived ambiguity in the 2018 legislation. This bill federally legalized hemp by defining it as cannabis containing no more than 0.3% delta-9 THC by dry weight.
However, the attorneys general argue that this definition has been exploited by manufacturers. They create and sell psychoactive products, such as those containing delta-8 THC, delta-10 THC, and THC-O, by chemically manipulating hemp.
A “Grievously Mistaken Interpretation”
The letter, dated October 24, 2025, was addressed to the leadership of the Senate and House Appropriations and Agriculture committees. It asserts that companies are leveraging a “grievously mistaken interpretation” of the 2018 Farm Bill. They market these psychoactive substances, prioritizing profits over public health and safety.
According to the coalition, this has led to the proliferation of an unregulated market. They argue that many of these synthetic cannabinoid products are more potent and psychoactive than state-legal marijuana. This is still currently a Schedule I controlled substance. The attorneys general express significant concern that these items are often marketed in ways that appeal to minors, using packaging and flavors that mimic popular snacks and candies.
The letter states that this situation “threatens public health and safety and undermines law enforcement nationwide.” Without federal action, the officials warn that the problem will only grow. They predict an “even greater threat to public safety than it already is.”
Call for Federal Action to Ban Intoxicating Hemp-Derived THC Products
The attorneys general contend that state-level regulations are insufficient to address the issue. They argue that individual state bans result in an “uneven and ineffectual patchwork of bans and regulations.” This approach, they say, cannot stop the flow of these products through interstate commerce, particularly via mail-order sales.
For this reason, the coalition is urging Congress to intervene. The letter specifically requests that lawmakers clarify the federal definition of hemp.
This could be achieved either through the reauthorization of the Farm Bill or as part of the Fiscal Year 2026 appropriations process. The goal of this clarification is to “leave no doubt that these harmful products are illegal and that their sale and manufacture are criminal acts.”
The letter does not mince words, labeling the products as “Frankenstein THC products,” asserting that the entire synthetic THC industry is built on “a foundation of illicit conduct.” It even claims these products are “killing children,” which is a crazy claim because of writing this there are documented cases of hemp-derived products being the sole reason of a death.
Public Health and Safety Concerns
A primary justification for the requested ban is the protection of public health. The letter highlights alarming trends, citing data from states like Indiana. According to the state’s Department of Health, total cannabinoid exposures reported to poison control centers increased by 41% between 2022 and 2024. More concerning are the figures for children, with a 46% rise in exposures for those under five. Additionally, there was a 62% increase for children aged six to twelve.
The attorneys general argue that these products are sold without consistent age restrictions, proper labeling, or any safety requirements. This lack of oversight means consumers, including minors, may be unaware of the products’ potency or potential risks.
What Happens Next?
The letter from the 39 attorneys general adds significant weight to the ongoing debate surrounding hemp-derived products. By presenting a unified, bipartisan front, these state law enforcement officials are putting pressure on federal lawmakers to address the loophole of the 2018 Farm Bill.
The focus now shifts to Congress and how it will respond to this call to action. The suggested legislative pathways—the Farm Bill reauthorization or the appropriations process—provide opportunities for lawmakers. They can revisit the federal definition of hemp if they feel the need to do so.
The outcome of this push will have major implications for the hemp industry, state cannabis markets, and public health regulations across the country
As this situation develops, consumers and industry stakeholders will be watching closely to see if Congress decides to close the loophole. This loophole has allowed this market to flourish.
