As major retailers Target, Circle K, Total Wine & More and others add intoxicating hemp beverages to their shelves, attorneys general from 37 states and two U.S. territories are asking Congress to ban the sale of unregulated, intoxicating THC products and “shut down this industry before it metastasizes further.”
In an October 24 letter from the National Association of Attorneys General to leaders of the Senate Committee on Appropriations, the AGs wrote that “bad actors” have “wrongly exploited” an “inadvertent ambiguity” in the 2018 Farm Bill’s definition of hemp that has led to “shelves and display cases in gas stations, convenience stores, and other retail locations throughout our states” being “stocked to the brim with potent, psychoactive THC products – often packaged and sold in ways meant deliberately to appeal to children.”
“We ask Congress to act decisively to clarify the Farm Bill’s definition of hemp to ensure intoxicating THC products are taken off the market,” they wrote.
The AGs asked Congress to “clarify the federal definition of hemp” by reauthorizing the Farm Bill in FY 2026 “to leave no doubt that these harmful products are illegal and that their sale and manufacture are criminal acts.”
Inaction by Congress “will continue to fuel the rapid growth of an underregulated industry that threatens public health and safety and undermines law enforcement nationwide,” they claimed.
“[L]egal, nonintoxicating hemp is used to make Frankenstein THC products that get adults high and harm and even kill children,” they claimed, alleging manufacturers are manipulating hemp plant through “highly advanced chemical processes” to artificially produce a synthetic THC that they claim is “more intoxicating and psychoactive than marijuana, a Schedule I controlled substance, and are often marketed to minors.”
Intoxicating hemp products “are being sold nationwide without consistent age restrictions, labeling standards, or safety requirements, and are frequently packaged as gummies, candies, and beverages designed to appeal to young children.” the AGs wrote. They claimed a state-by-state method would not solve the issue, but could “lead to an uneven and ineffectual patchwork of bans and regulations that differ from state to state and will not stop the flood of mail-order THC products from streaming through interstate commerce.”
“[T]he prohibition on products containing intoxicating levels of THC – of any kind and no matter how it is derived – will not inhibit the cultivation of hemp for industrial and agricultural uses since hemp does not contain intoxicating levels of THC,” they wrote.
Diana Eberlein, Coalition of Adult Beverage Alternatives chair, told Brewbound that her group shares the AGs’ “concern for consumer safety” and “want to see irresponsible actors and products that appeal to children removed from the market.”
“However, banning all intoxicating hemp products is not the solution,” she continued. “Prohibition does not eliminate demand and history has shown that prohibition only drives markets underground and increases risks to consumers.
“Many states are already demonstrating that thoughtful regulation can strike the right balance: ensuring safety, transparency, and accountability while preserving access for responsible adult consumers,” Eberlein wrote. “The responsible path forward isn’t prohibition, it’s sensible regulation that protects public health while supporting a safe, legal marketplace that meets consumer demand.”
The letter is signed by AGs from Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, the U.S. Virgin Island, Utah, Vermont, Virginia and Wyoming.