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HARRISBURG -- Pennsylvania's chief law enforcement officer is urging congressional leaders to allow an impending overhaul of how the country treats hemp-derived products to go into effect in three months.
Republican Dave Sunday joined more than 30 state attorneys general in a letter arguing the merits of the crackdown, saying it would clarify for police the legal status of certain "intoxicating products" containing THC, a chemical found in cannabis plants that can produce a high. District attorneys across the state say they are scrambling to protect kids and adult consumers from unregulated products like those containing delta-8.
"The new federal definition ensures both uniformity and safety throughout the nation," the letter read, noting multiple states that have codified the federal changes into their own statutes. "If the redefinition is not maintained, it will almost guarantee that these state efforts at regulation will be thrown into chaos."
But the ban would encompass more than just intoxicating products, and shutter many of the legitimate hemp businesses that have opened since the 2018 Farm Bill legalized the crop's cultivation, Pennsylvania advocates warn.
The state Department of Agriculture has licensed 170 hemp growers and 32 processors, roughly half of whom grow and sell specifically to consumable manufacturers who make things like CBD drinks and gummies.
"Livelihoods are going to be destroyed, and people are now going to lose safe consumer access," Jake Sitler, president of the Pennsylvania Hemp and Cannabis Guild, said.
Hemp is used in a lot of goods, like clothing, biodegradable plastics, paper, biofuel, and animal feed. Industrial hemp fiber and grain typically used in those products are exempted from the new regulation.
But national industry group U.S. Hemp Roundtable predicts about 95% of the hemp consumable marketplace would be eliminated under the new federal statute. That includes hemp-based CBD drinks, gummies, oils, and supplements that include trace amounts of THC, but not enough to be considered intoxicating.
The state industry, advocates say, contributes up to $1.4 billion to the commonwealth's economy annually.
Hemp and marijuana are the same plant species. Currently, a plant is considered hemp if it contains less than 0.3% delta-9 THC when it's harvested, according to the federal 2018 Farm Bill. If it has more, then it's legally defined as marijuana, which is not legalized for recreational use in Pennsylvania.
The lack of clarity in the 2018 rules allowed for a wave of intoxicating canned drinks, smokables, gummies, and other consumables to pop up in gas stations and convenience stores. Law enforcement has said these products are available because of a legal loophole, sometimes being sold without any guardrails, and bad actors are marketing them toward children through packaging and branding.