Attorney General Formella Urges Congress to Close Hemp Loophole and Safeguard Children and Consumers from Intoxicating Synthetic Drugs

Concord, NH - Attorney General John M. Formella announces that he, along with a bipartisan coalition of 38 attorneys general from across the country, is urging Congress to clarify federal law and close a loophole in the 2018 Farm Bill that allows the sale of intoxicating, hemp-derived THC products that pose serious risks to consumers, particularly children.

"Congress never intended to legalize synthetic drugs that endanger children and undermine consumer safety. These products are being sold in gas stations and convenience stores across New Hampshire and the country, often in brightly colored packaging designed to look like candy," said Attorney General Formella. "Parents deserve to know that the gummy or soda their child sees on a store shelf won't send them to the emergency room. Congress needs to act now to restore the line between industrial hemp and illegal drugs that the 2018 Farm Bill was never meant to blur."

In a bipartisan letter sent to the leadership of the Senate and House Committees on Appropriations and Agriculture, the attorneys general call for Congress to amend or clarify the definition of "hemp" during the Fiscal Year 2026 appropriations process or the reauthorization of the Farm Bill. The goal is to ensure that synthetic and intoxicating THC products-chemically altered from hemp but capable of producing strong psychoactive effects-are clearly recognized as illegal under federal law.

Following the 2018 Farm Bill, some manufacturers began exploiting vague language in the law to produce and market synthetic cannabinoids such as delta-8, delta-10, and THC-O. These products are now sold nationwide in gas stations, convenience stores, and online-often as gummies, candies, or beverages designed to appeal to children-without consistent age restrictions, labeling requirements, or safety standards. Public health agencies and poison control centers across the country have reported a sharp rise in accidental exposures among children due to these unregulated products.

The attorneys general emphasize that clarifying the definition of hemp will not affect the lawful production or sale of industrial hemp for agricultural or commercial purposes. Instead, it will ensure that intoxicating hemp-derived THC products are removed from the market and that states have a clear legal framework to enforce consumer protection and drug safety laws.