Politics
Legalizing Intoxicating Hemp Products Wasn’t A ‘Loophole’ But Was Intentional, Expert Who Helped Draft Farm Bill Says
One of the behind-the-scenes architects of the federal law legalizing hemp during President Donald Trump’s first term says it’s a misconception that Congress accidentally created a “loophole” allowing intoxicating cannabinoid products to be sold.
Rather, the controversy over the hemp THC marketplace that’s emerged is a direct consequence of inaction by lawmakers and regulators that could be resolved without outright banning such products, as certain GOP members have proposed, Steve Bevan said in a letter to key Republican committee leaders on Tuesday.
Bevan—who worked with then-Senate Majority Leader Mitch McConnell (R-KY) to help draft the hemp language contained in the 2018 Farm Bill—said proponents of re-criminalizing intoxicating cannabinoid products “claim it’s about protecting children from dangerous products,” yet “simple age gating and responsible consumption resolve this.”
“Instead of focusing on citizens’ access to wellness and the positive economic benefits being realized from the national hemp experiment–it worked!–they bizarrely suggest a return to prohibition,” he said in the letter, which was shared exclusively with Marijuana Moment.
The message to congressional leaders is responsive to a separate letter sent by 39 state and territory attorneys general who urged legislators to enact restrictions on the consumable hemp market by banning intoxicating items.
This stepped-up push to get such products prohibited again is being led in part by McConnell, who has insisted he and colleagues only intended to allow for industrial uses of hemp, with exceptions for non-intoxicating CBD. That isn’t exactly the case, Bevan said.
“We specifically added language about ‘extracts, derivatives, and cannabinoids’ to the definition of hemp to help American farmers and rural communities build businesses around hemp-derived products,” he said. “Senator McConnell understood this and changed the definition. This wasn’t an accident or a loophole—it was intentional to ensure that the farmers of Kentucky newly producing hemp—could reach markets with their new crop.”
Bevan, who served as a co-founder and chair of the U.S. Hemp Roundtable and is now a partner at OCan Group, said that during the drafting of the hemp provisions of the Farm Bill, “we asked federal regulators to create quality and safety standards for these products.”
“That’s common sense—you test food before people eat it, right? But the FDA, even when Congress instructed them to act, has repeatedly refused to regulate these products,” he said, echoing complaints from bipartisan lawmakers and industry stakeholders over the years since hemp was legalized.
“We told [FDA] exactly what would happen without proper regulations: products would become popular, quality would vary, there’d be no age restrictions, and consumers wouldn’t know what they’re buying,” he said. “The FDA responded with silence for over two years, then sent out a few warning letters in late 2024. Too little, too late.”
Bevan, who also founded the cannabis company GenCanna before it declared bankruptcy in 2020, said that what Congress isn’t addressing with the proposed ban is the fact that intoxicating hemp products are already popular with a significant portion of the adult population, prohibition would only bolster the illicit market, the industry has thrived despite lack of federal support and re-criminalizing would lead to the same drug war consequences the country has historically witnessed.
The letter posits that a key reason for the attorneys general message supporting a ban could be that the vast majority of signatories serve states and territories where marijuana is legal in some form, and those businesses “compete directly with hemp products.”
“Instead of competing on price and quality, these AGs want Congress to eliminate their competition,” he said. “Think about that. Your state’s top law enforcement official wants to criminalize products that millions of adults use—not because they’re dangerous, but because they’re cutting into state tax revenue.”
It concludes by describing “two options” for Congress: Lawmakers can move to prohibit the intoxicating cannabinoid products and launch “another drug war” that ignores consumer demand, or they can create a regulatory framework for the hemp market that establishes “rules around quality and standards for the benefit of the principal stakeholders that should have existed from day one.”
If they opt for the latter option, Bevan said that should start with age requirements for hemp purchases and allowing a transition period for businesses to get into compliance with any new regulations, Bevan said.
“The question isn’t whether to regulate hemp products—clearly we should. The question is whether we’ll do it intelligently, or whether we’ll repeat the failures of prohibition one more time and miss another opportunity for American leadership and innovation,” he said. “Millions of Americans have made their choice. They want these products. They deserve safe, regulated acces—not criminalization. It’s time for Congress to listen to the people, not just the tax collectors.”
Meanwhile, a coalition of major alcohol industry associations is throwing its weight behind the push to get Congress to ban intoxicating hemp products—at least on a temporary basis before the federal government creates a “robust regulatory framework” for the marketplace.
As lawmakers work to finalize appropriations legislation, they’ve felt pressure on both sides of the hemp debate, with some interests endorsing controversial proposals to outright prohibit intoxicating cannabinoids and others that have called for a comprehensive regulatory approach that could prevent significant economic fallout for the hemp industry.
There’s been a surge in congressional lobbying from major alcohol companies and associations in recent months, with stakeholders aiming to influence federal hemp laws that focus on THC beverages that many consumers are turning to as beer and liquor alternatives.
As Congress continues to navigate a path forward on funding legislation to end an ongoing government shutdown, lawmakers are still at work attempting to reach a deal on federal hemp laws—with one GOP senator telling Marijuana Moment that multiple options are on the table, though it will ultimately come down to what leadership wants.
Two GOP lawmakers—McConnell and Rep. Andy Harris (R-MD)—have pushed aggressively for an outright ban on hemp products containing THC. But others such as Sen. Rand Paul (R-KY) have insisted that such a policy change would devastate the industry. And Paul said recently he’d go so far as to hold up large-scale spending legislation if a full ban was kept intact.
The senator also pushed back against the recent letter from the state and territory attorneys general who implored Republican leaders to fully prevent the marketing of intoxicating hemp products.
“Some of them came back from states that have completely legalized marijuana, and they’re going to ban hemp? I mean, it’s just ridiculous,” he said. “So they prefer people to use a much higher dose of THC from cannabis than lower-dose hemp products. It doesn’t make any sense.”
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As far as legislative options go, Paul did put forward legislative language recently to require a study and report on state regulatory models for hemp that could inform future revisions to the federal law—rather than prohibit sales altogether, as McConnell would have it.
In August, McConnell–who ushered in the federal legalization of hemp under the 2018 Farm Bill–took to the Senate floor to criticize those who opposed the ban, including Paul.
Meanwhile, Paul recently filed a standalone bill that would go in the opposite direction of the hemp ban, proposing to triple the concentration of THC that the crop could legally contain, while addressing multiple other concerns the industry has expressed about federal regulations.
The senator introduced the legislation, titled the Hemp Economic Mobilization Plan (HEMP) Act, in June. It mirrors versions he’s sponsored over the last several sessions.
Read the letter from Bevan to congressional leaders on the hemp ban proposal below:
