Hemp loophole

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The hemp loophole refers to a legal disparity created by the Hemp Farming Act of 2018 within the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). By defining legal hemp specifically by its concentration of delta-9-tetrahydrocannabinol (Δ9-THC), the law inadvertently permitted the production and sale of other psychoactive cannabinoids derived from hemp, such as delta-8-THC (Δ8-THC) and tetrahydrocannabinolic acid (THCA). The loophole has been taken advantage of by a multi-billion dollar "intoxicating hemp" industry that operates largely outside of the regulatory frameworks governing state-legal recreational cannabis. In November 2025, federal legislation was enacted to close the loophole by shifting to a "total THC" standard, effective November 12, 2026.

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