Attorneys general from across the country are asking Congress to fix what they say is unclear bill language regarding hemp.
South Dakota’s own Marty Jackley is among them.
Language from the 2018 farm bill allows the production of industrial hemp, but limits the max THC limit in hemp at 0.3%. THC is the chemical that produces the high experienced by marijuana use.
But Jackley said some companies are now able to concentrate THC and sell it under product names like Delta-8. That’s how gummies and other THC products sold in states where marijuana is illegal are made.
Jackley said the current language distinguishing hemp from cannabis "is inadequate to distinguish the potential for intoxication."
“Illicit suppliers are stealing legitimate brand names and packaging harmful and dangerous products as candy, snacks, and cereal,” said Jackley. “These copycat hemp products put people, especially children, at risk. They also jeopardize lawful hemp production for agricultural purposes here in South Dakota.”
Jackley is joining a bipartisan group of attorneys general from 19 other states in urging Congress to close this loophole when they craft the new farm bill.
The South Dakota legislature passed a law this year outlawing the selling or distribution of products that use THC derived from hemp, though it does not ban owning or using them. The law takes effect July 1.