The 2018 Farm Bill created a loophole allowing hemp-derived THC beverages to be sold even in states where marijuana is illegal, with inconsistent age restrictions, no standard dosing, and minimal regulatory oversight.
Policymakers, public health officials, parents, and consumers of hemp-derived THC products
What the researchers found
Hemp-derived THC beverages exploit the <0.3% THC dry-weight threshold to sell intoxicating products in states where marijuana is illegal; regulatory approaches vary wildly, with some states having no age restrictions, no standard serving sizes, and no retail oversight.
Why it matters
Intoxicating THC beverages are now legally sold in states that specifically chose to ban marijuana — exploiting a federal loophole that lawmakers didn't anticipate when legalizing agricultural hemp.
The numbers in context
2018 Farm Bill legalized hemp with <0.3% THC; some states lack age restrictions for hemp THC beverages; no federal standard for serving sizes or dosing; co-use with alcohol raises intoxication risks.
How the study worked
Policy commentary reviewing federal and state regulatory frameworks for hemp-derived THC beverages, describing examples of states with divergent marijuana and hemp product legality approaches.
What this study cannot tell us
Commentary rather than empirical research; regulatory landscape is rapidly evolving; does not quantify actual consumption or harm from these products.
How to read the evidence
Expert policy analysis published in a preventive medicine journal, well-sourced but commentary rather than empirical research.
When this study was published
Published in 2026, addressing one of the most current and rapidly evolving cannabis regulatory issues.
The bigger picture
This regulatory gap represents one of the most significant unintended consequences of cannabis policy in the US — creating a parallel THC market operating outside marijuana regulatory frameworks.
Questions still open
- Will the next Farm Bill close the hemp-derived THC loophole? How should THC beverages be regulated when co-consumed with alcohol at bars and restaurants?
Common questions
Are THC beverages legal?
Are hemp THC beverages regulated?
Read the original research
Federal and State Gaps in Regulation of Hemp-Derived Delta-9-Tetrahydrocannabinol Beverages.
American journal of preventive medicine, 70(2), 108181
Citation
Bowdring, Molly A; Mian, Maha N; Young-Wolff, Kelly C; Prochaska, Judith J. (2026). Federal and State Gaps in Regulation of Hemp-Derived Delta-9-Tetrahydrocannabinol Beverages.. American journal of preventive medicine, 70(2), 108181. https://doi.org/10.1016/j.amepre.2025.108181