The 2018 US Farm Bill legalized the sale of certain cannabis products that are classified as “hemp.” Under the farm bill, products with 0.3 percent delta-9 tetrahydrocannabinol (THC) or less by weight are classified as “hemp,” and products with more than 0.3 percent delta-9 THC are classified as “marijuana.” In the years following the 2018 Farm Bill, markets arose for intoxicating cannabis products that had less than 0.3 percent delta-9 THC, and thus fit the federal definition of legal “hemp,” but had other intoxicating cannabinoids. Since 2023, retailers have begun to openly sell ordinary weed flower as legal hemp on the basis that the active ingredient is technically not delta-9 THC but delta-9 THCa—a precursor that converts to THC when the flower is ignited and smoked. The practice of selling ordinary weed as THCa hemp has now spread nationwide. The result has been chaos in US cannabis markets—in states that have and have not legalized marijuana. Some legal ambiguities may be resolved if the US redefines the distinction between hemp and marijuana in the next farm bill—but in the meantime, consumers will likely continue to have access to ordinary recreational weed almost everywhere in the country.
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- United States of America
Table of Contents
- Key Points 1
- The 2018 US Farm Bill legalized the sale of certain cannabis products that are classified as 1
- In the years following the 2018 Farm Bill markets arose for intoxicating cannabis products that 1
- Since 2023 retailers have begun to openly sell ordinary weed flower as legal hemp on the basis 1
- The result has been chaos in US cannabis marketsin states that have and have not legalized 1
- Hemp vs. Marijuana in the 2018 Farm Bill 2
- Figure 1. Where Weed Is Typically Legal and Illegal 2
- Bloom-and-Bust Cycles 3
- Figure 2. US Google Searches for CBD 201620 3
- New York Times Roll- ing Stone 4
- The Southeastern Interpretation 4
- Tennessee Legalized Recreational Weed and Nobody Noticed 4
- The Loopholes Limitations 5
- Figure 3. US Google Searches for Delta-8 THC and THCa 201924 5
- The Texas Bottoms Up Story 6
- Table 1. Basics of Tennessee Hemp-Derived Cannabinoids Rules as of July 1 2024 6
- Summary 7
- About the Authors 7
- Notes 8
