Bipartisan Attorneys General Coalition Urges Congressional Leaders to Take Action on Intoxicating Hemp Products

On October 24, 2025, 39 state and territory attorneys general sent a letter to congressional leaders concerning the impacts of the current federal definition of hemp in the proliferation of synthetic and intoxicating THC products derived from hemp (1). The seven-page letter is addressed to Susan Collins, Senate Committee on Appropriations; Tom Cole, House Committee on Appropriations; John Boozman, Senate Committee on Agriculture, Nutrition, and Forestry; and Glenn “GT” Thompson, House Committee on Agriculture. As noted in a press release, the letter was sent by the organization National Association of Attorneys General (NAAG), on behalf of the bipartisan coalition of the attorneys general (2).

Main Request of the Letter

In the letter, the attorneys general request that during the 2026 appropriations process or in the reauthorization of the Farm Bill, Congress redefine hemp to clarify that synthetic THC products are illegal and their sale or manufacture is criminal.

A main focus on is the 2018 Farm Bill, which the letter explains has allowed, through distortion of the current definition of hemp, the unregulated industry of hemp-derived intoxicating products. “The psychoactive hemp industry artificially produces various forms of THC in addition to delta-9, like delta-8, delta-10, THC-O, THCP, and HHC, that are then infused at high concentrations into a multitude of products that can intoxicate a person as severely as the most potent strains of cannabis sold on the illicit market,” the letter explained. The complete cessation of this industry by Congress is called for, in order to prevent increased risks of public safety.

It also notes that this will not affect hemp cultivation for agricultural and industrial purposes.

Additionally, the letter argues that the redefining of hemp is also necessary to align the Farm Bill with the Food and Drug Administration’s Food, Drug, and Cosmetics Act, under which THC-infused products are illegal.

Examples of Health and Safety Incidents

Poisoning reporting instances in Indiana, a state that has not legalized cannabis, were used to illustrate the effects of the growing prevalence of the products. Between 2022 and 2024, the letter states, the total incidents of cannabinoid exposures reported to poison control centers increased 41%, and incidents involving minor cannabinoids, including delta-8-THC and delta-10-THC, increased by 2,482% in this time.

Statements from the Attorneys General

Concern for the impact on the safety and health of consumers, particularly minors, was a focus for comments from the attorneys general. As the letter notes, the products are sold throughout the country without labeling standards or safety regulations and in formats including gummies, candies, and beverages.

“For too long, bad actors have used the loophole in the 2018 Farm Bill to profit from super-potent, hemp-derived THC products by placing them in gas stations, convenience stores, and online marketplaces,” Pennsylvania Attorney General Dave Sunday stated in a November 4 press release (3). “This unregulated market allows children to buy these extremely potent products, oftentimes without any knowledge that the products are intoxicating, addictive, and not safe.”

“Since the passage of the 2018 Farm Bill, hemp-derived THC products—often more potent than marijuana—have flooded the market due to a misinterpretation of the bill’s language,” explained Arkansas Attorney General Tim Griffin, first signature on the letter (4). “These synthetic cannabinoids, including delta-8, delta-10, THC-O, and others, are being sold in gas stations, convenience stores, and online retailers across the country, frequently in packaging purposefully designed to appeal to children…In some states, poison control centers have reported alarming increases in pediatric exposures to these substances.”

The letter ends with a clear call to action: “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.”

References

1. National Association of Attorneys General. Hemp Letter to Congress. October 24, 2025. https://media.ark.org/ag/NAAG_Hemp-letter-to-Congress-2025.10.24.pdf (accessed Nov. 5, 2025).
2. National Association of Attorneys General. 39 State and Territory Attorneys General Call for Clarification of Federal “Hemp” Definition. October 24, 2025. https://www.naag.org/press-releases/bipartisan-coalition-of-39-state-and-territory-attorneys-general-urges-clarify-federal-definition-of-hemp/ (accessed Nov. 5, 2025).
3. Attorney General David Sunday. Attorney General Sunday Joins 38 Attorneys General Urging Congress to Prevent the Sale of Dangerous and Intoxicating Hemp-Derived THC Products. November 4, 2025. https://www.attorneygeneral.gov/taking-action/attorney-general-sunday-joins-38-attorneys-general-urging-congress-to-prevent-the-sale-of-dangerous-and-intoxicating-hemp-derived-thc-products/ (accessed Nov. 5, 2025).
4. Attorney General Tim Griffin. Griffin: ‘Arkansas led the way in successfully banning these products, and it’s now time for Congress to take action’. October 24, 2025. https://arkansasag.gov/news-release/attorney-general-griffin-leads-39-ag-coalition-in-sending-letter-urging-congress-to-prevent-the-sale-of-dangerous-and-intoxicating-hemp-derived-thc-products/ (accessed Nov. 5, 2025).