Since passage of the 2018 Farm Bill, the nascent market for hemp-derived products has blossomed into a nationwide, multibillion-dollar enterprise. See H.R.2 – 115th Congress (2017-2018): Agriculture Improvement Act of 2018, 115th Cong. (2018) (codified as 7 U.S.C. Section 9001, et seq.). Driven in part by the absence of a federally sanctioned adult-use marijuana industry, hemp-derived products offering consumers a psychotropic “high” (intoxicating hemp products or IHPs) have become increasingly prevalent. However, given the complexity of competing statutes, multiple agencies with overlapping regulatory authority, and a patchwork of federal guidance, most Americans remain uncertain as to the legality of IHPs. This article attempts to provide some clarity by explaining what intoxicating hemp products are and the legal framework used to determine whether they are legitimate agricultural products or illicit narcotics.
What Are Intoxicating Hemp Products?
Intoxicating Hemp Products are inhalable or ingestible consumer goods containing a high-inducing active ingredient derived or processed from hemp. They typically feature one of five cannabinoids or cannabimimetic agents (compounds that mimic the effects of cannabinoids): Delta-8 tetrahydrocannabinol (THC), Delta-9 THC, Delta-10 THC, hexahydrocannabinol (HHC), or THC acetate ester (THC-O). These substances provide users a high analogous to marijuana but, in some instances, are afforded legal sanction under the 2018 Farm Bill because they are derived from hemp and not marijuana.
