The previous Farm Bill, as written by Sen. Mitch McConnell, had created a small loophole in the language of the bill that had suggested a legal difference between a “Hemp” derived product and a "Cannabis” derived product. Due to this, different regulatory requirements were set for a “Hemp” derived product due to the language allowing for the use of cannabis from both natural and processed origins. A “Hemp” product had previously been defined as cannabis that has no more than 0.3% (30%) delta-9 THC, which is a type of synthetic cannabinoid. However, this did not stop retailers from also adding any other type of THC (synthetic, natural, or otherwise) into these products in amounts that exceeded 0.3%, thereby creating a loophole for retailers to continue selling unregulated cannabis products with potential psychoactive effects.

A synthetic cannabinoid is a type of lab developed product that is synthesized from the cannabis plant but is not naturally produced by the cannabis plant itself. These products are typically found to be predominantly non-psychoactive products, possessing a higher amount of CBD. However, many of these synthetic cannabinoid products such as Delta-8, Delta-9, and THC-A have also been found to have a THC content above 0.3%, causing psychoactive effects, while also dancing around previous federal policy.

In many states, and now federally, we are seeing a ban of all cannabis products that are not naturally produced by the cannabis plant, thereby reducing access, and helping keep safely grown cannabis products in the hands of licensed dispensaries instead of shady smoke shops or gas stations.

The proposed change to the 2018 Farm Bill aims to better address this loophole and prevent the sale of unregulated cannabis. The change specifically proposes to;

So, what does will this mean for the future of prevention and retailer compliance? Proposed changes to the 2018 Farm Bill are set to take effect on November of 2026, meaning retailers will be given a year to fully make changes and remain in compliance.

Due to the shock of such an abrupt change, the fear among many community members is that this change will radically impact the current cannabis retail market, an industry that has provided millions in tax revenue for many states across the United States. However, the current proposed changes still will need to be reviewed by the Federal Drug Administration (FDA), and upon closer review, do not shake up the current cannabis landscape to radically for dry flower products.

Where the most substantial changes will take place is regarding the illegal cannabis market, a market that provides no tax revenue for the state or federal government, and with High THC products such as vapes or edibles, a market that has already undergone a lot of conversations recently over the actual value in being made available for recreational usage. Communities should continue to monitor this provision as time passes, but should not jump to rash conclusions too quickly.

This will primarily crack down on the distribution and sale of synthetic cannabinoid products, or products that are synthesized outside of the natural cannabis plant. This is something we have also seen the State of CT crack down on with its latest changes to state policy as of October 1^st. In CT, the sale of any synthetic cannabinoid (THC-A, Delta-8, Delta-9, etc) has now been upgraded to a felony offense.

Many of the current cannabis products, specifically higher-THC products such as vapes and edibles will now be considered illegal. This change shakes up the current CT policy in a few ways. As of Oct 1^st, cannabis dosage caps were increased across the board. For dry flower, the increase went from 30% (0.3%) to 35% (0.35%) and “high” THC products from 60% (0.6%) to 70% (0.7%). Be on the lookout for potential changes to current state policy as a result of this new federal change.

Due to changes, many states, including CT may need to amend or reevaluate State policy on cannabis to become more aligned with the new federal standards. This would help reduce the number of conflicting laws between the state and federal municipalities. It is important now that prevention professionals and community partners take time to stay informed on the subject and help to get involved in ongoing lobbying and legislative efforts.

Medical cannabis, however, may fall into a different category. Due to medical cannabis deriving from marijuana plants with higher THC levels, medical cannabis may receive its own classification under federal and state laws, but in the short term could create complications for medical patient access and variety. These changes to the 2018 Farm Bill will help created a stronger distinction between a hemp products and medical cannabis, leading to products containing higher THC levels becoming clearer in it’s purpose and classification.

Thank you for taking the time to read and enjoy Simplified Weekly Newsletter. A lot of effort has gone into hand selecting interesting and dynamic content to deliver to you.

If you enjoy what you see here, I encourage you to visit our other social media accounts below for more or share the newsletter with family or friends!

Thank you,

-Zach Nailon, Simplified Newsletter