Politics
Banning Hemp THC Products Drives Consumers Toward Licensed Marijuana Businesses, Poll Shows
With the federal recriminalization of hemp THC products looming in November, a growing number of states are enacting their own laws to ban intoxicating cannabinoid derivates. And most cannabis consumers in those jurisdictions are shifting their purchases toward licensed marijuana businesses, according to a new poll.
The survey, conducted by cannabis telehealth platform NuggMD and provided exclusively to Marijuana Moment, noted that several states are moving to ban hemp-derived THC products such as THCA—asking, “How have these bans affected your access to cannabis?”
Fifty percent of cannabis consumers said they have decided to get their medical marijuana card in response to hemp restrictions, and another 6 percent said they have “switched to licensed dispensaries.”
An additional 8 percent said they have had “trouble” finding cannabis products in the wake of state hemp product bans, while 8 percent said they don’t use hemp-derived products and another 8 percent said they weren’t aware of any changes to state laws.
The other 20 percent of respondents said state hemp product bans have had “no impact” on their access to cannabis.
| Q1: “Several states have just banned hemp-derived THC products like THCA. How have these bans affected your access to cannabis?” | ||
| n: | % | |
| I got my medical cannabis card | 292 | 50% |
| I’ve switched to licensed dispensaries | 33 | 6% |
| I’ve had trouble finding products | 45 | 8% |
| No impact | 116 | 20% |
| I don’t use hemp-derived products | 48 | 8% |
| I was not aware of these state changes | 49 | 8% |
“Hemp ban supporters claim the bans will improve public safety, while opponents have argued the bans could push consumers into the illicit market,” Tyler Elson, director of content at NuggMD, told Marijuana Moment. “Our poll suggests these fears may be overblown, at least among frequent consumers. Over half of poll participants said they responded to state hemp bans by getting their med card or switching to state-licensed dispensaries.”
“But the potential for hemp bans to push consumers into the black market isn’t zero, and the risk increases in states without accessible medical cannabis programs or adult-use markets,” he said. “Nearly one in ten poll respondents reported having trouble finding products after their state banned hemp.”
“Demand doesn’t go away when bans are enacted, and that’s something regulators need to consider before eliminating a product category many consumers have come to rely on as a safer alternative to opioids, alcohol, and other drugs,” Elson said.
The survey involved interviews with 583 cannabis consumers who live in state-legal markets, conducted between July 16-20, and has a margin of error of +/- 4.06 percentage points.
Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that President Donald Trump signed during his first term in office. But late last year, Trump signed new legislation containing provisions that will redefine hemp to make it so only products with 0.4 milligrams of total THC per container will remain legal after November 12—though he has since called on Congress to scale back the scope of the forthcoming restrictions.
The new poll results come as a new bipartisan bill in Congress would reverse the scheduled federal ban on hemp products and put in place a number of regulations for manufacturing, labeling, sales and taxation, including an age limit of 21.
Trump and White House officials have in recent weeks repeatedly called on Congress to delay, alter or reverse the ban.
In a letter to House Speaker Mike Johnson (R-LA) last month, for example, White House Office of Management and Budget (OMB) Director Russell Vought said the Trump administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing Barr’s earlier amendment to keep many hemp products legal while adding regulations and taxes.
The administration “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products,” OMB separately said last month, “while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”
In April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products.
“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post on the same day his administration announced it is moving forward with rescheduling marijuana.
“We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.”
The Wine & Spirits Wholesalers of America (WSWA), an alcohol industry trade association issued praise for the bipartisan hemp regulation bill, but said the measure’s tax provisions require “continued discussion.”
