If you keep an eye on the news, you may have seen recent reports on some states making THC (tetrahydrocannabinol, one of the cannabinoids in cannabis) illegal for hemp products. It’s an interesting development because an entire industry has been built on the promise of a comprehensive piece of legislation called The Farm Bill. That Bill, originally passed in 1988 and set to be renewed in September 2025, states that all hemp products can legally contain .3% THC per ounce. Marijuana products typically contain 5 to 20% or more THC, depending on the intended use. To fully understand what this can mean for marijuana and all the industries that live under that umbrella now, a little background may be in order.
Hemp is a type of cannabis that is mostly CBD and contains only a small percentage of THC and other cannabinoids, the compounds found in the cannabis plant. The low levels of THC earned hemp its title of “non-intoxicating”. Further, when The Farm Bill was passed in 2018, although it impacted the farming and food industries as a whole, one purpose was to promote the legal growth of hemp for farmers who wanted to supply this sturdy product as a construction component, a base for textiles, and for other industrial purposes. Hemp has been used as a fiber for clothing for more than 50,000 years and has proven to be durable and multifaceted, working well with other fibers. Hemp grows very quickly and, in addition to construction materials and clothing, is used to make paper, rope, biodegradable plastics, paint, insulation, biofuel, food, and animal feed.
You would think a plant that can be used to make all these amazing things would be enough to prove its worth, but there was a loophole in The Farm Bill that just couldn’t be ignored.
Since The Farm Bill did not specify exactly what limits would be placed on hemp, consumable hemp quickly became a very popular product. As long as the production included .3% THC or less, it was legal to make and sell in all states.
When the “War on Drugs” started in the 1970s, industrial hemp was made illegal. It wasn’t until 2018 that it was legalized again under The Farm Bill. Entrepreneurs and growers alike were poised and ready to capitalize on the sales of CBD products and consumable hemp. CBD stores sprouted up across the country, seemingly overnight. The economic impact of the fast growth of this new industry was difficult to dismiss, and states began to depend on the taxes produced by this burgeoning business. Even in states where recreational marijuana use wasn’t legal, tax growth rates in those states were almost the same, thanks to consumable hemp.
Around 2019, the hemp craze continued across the United States. However, there was another loophole that consumers were quickly discovering. Intoxicating hemp-derived cannabinoids, such as delta-8 and delta-9 THC, became more accessible through various retail channels of consumable hemp. Packaging was required to have recommended doses along with ingredients, and the products were to be contained in tamper-proof packaging. Here’s where it gets into a grey area. While abiding by all requirements set under the law, consumers discovered that a very similar intoxication that is obtained from recreational marijuana could be achieved by over-consuming consumable hemp.
But an even more impactful discovery was made. The Farm Bill based the .3% THC on the dry weight of the plant itself, not the final product. A gummy, for example, has a fairly heavy weight so the content of THC can be higher and still meet the .3% dry weight requirement of the plant used to make it. For example, a 10g gummy can contain up to 30mg of Delta-9 THC and remain under the 0.3% limit by dry weight of the original plant.
So, the consumable hemp industry found a pretty large loophole and quickly got busy filling it.
Before 1990, there were no problems with high concentrations of THC in consumable hemp. At that time, it was less than 2% in most products. In the 1990s, it grew to 4%. Between 1995 and 2017, the THC content in consumable hemp had a 212% increase. This created safety issues since there was no regulation beyond tamper-proof packaging and listing the ingredients. Compared to medical marijuana, where cannabinoid levels and all contents are measured throughout the process, the contents of consumable hemp can vary widely from bag to bag.
Today, there are concentrations of THC of up to 95%. Unfortunately, when THC is higher, other cannabinoids are reduced, and the healing qualities are all but lost. No research supports that this level of THC is beneficial for any medical condition.
Some states have complete or partial bans on THC in consumable hemp or have legislation pending including Texas, Tennessee, Alabama, South Dakota, Florida, Idaho, Nebraska, Arkansas, Wyoming, Georgia, Colorado, Iowa, Arizona, Hawaii, and Alaska. Utah limits serving sizes.
Louisiana has not banned THC from consumable hemp products, but they have implemented significant restrictions and regulations as of January 1, 2025. Those include raising the legal age from 18 to 21, banning hemp flower and inhalable products, no more than 5mg THC per serving, beverages containing THC cannot be over 12 ounces with no more than four containers per package, no THC synthetic compounds, consumable hemp can not be sold in gas stations. Bars and restaurants can keep their current permits but will not be allowed to renew and no new permits will be issued.
Mississippi has not banned THC from consumable hemp products, but legislation was introduced and considered during the 2025 legislative session to enact stricter regulations on these products. The legislation failed, but discussion is expected to continue on increasing regulation on hemp products.
Changes are occurring rapidly from state to state. We recommend consulting your state-specific laws and regulations to allow for updates.
Consumable hemp with high quantities of THC can pose a danger for the following reasons.
1. Lack of Regulation and Safety Studies.
There is limited research on the human health effects and long-term safety of these compounds, and they are generally considered unsafe without further study.
Many products lack regulated potency limits, increasing the risk of harmful effects due to higher concentrations of intoxicating cannabinoids.
2. Potential for Harmful Contaminants:
Chemical processing of hemp into intoxicating cannabinoids can involve toxic solvents and acids that might remain in the final product.
Products can contain high concentrations of heavy metals, infectious contaminants, and other contaminants like mold and pesticides.
3. Direct Effects on the Body:
Impaired Cognitive Function: Consuming these products can lead to impairment of memory, judgment, and cognitive function.
Psychological Effects: Hallucinations, anxiety, and panic attacks can occur, particularly with higher doses or in individuals with limited experience.
Physical Side Effects: Nausea, vomiting, dizziness, tremor, loss of consciousness, and potentially death have been reported.
4. Interactions with Other Medications:
CBD, a compound found in hemp, can interact with various medications, potentially altering their effectiveness or causing unwanted side effects, especially with blood thinners, anti-epileptic drugs, and antidepressants.
It’s important to consult with a healthcare provider to understand potential interactions with other medications. The Healing Specialists and Physicians at The Healing Clinics are happy to answer patient questions about interactions and can help guide patients through the process of becoming a medical marijuana patient.
5. Special Considerations:
Children and Pets: These products should be kept out of reach of children and pets due to the risk of accidental poisoning.
Pregnancy and Breastfeeding: Hemp use is generally not recommended during pregnancy or breastfeeding due to a lack of safety data.
Vulnerable Individuals: Individuals with pre-existing conditions like liver disease or a history of psychiatric conditions should exercise caution and consult with their healthcare provider before using these products.
It is crucial to note that legal consumable hemp products (e.g., CBD and CBG products) must have a Delta-9 THC content below 0.3% to avoid psychoactive effects.
Medical marijuana is generally considered safer than unregulated consumable hemp products due to factors like physician supervision, product testing, and regulation. It is crucial to consult with a doctor or qualified cannabis clinician before using any cannabis or CBD products, especially if you have existing health conditions or are taking other medications.
If you have a condition that is not improving or if you have found no relief with treatment that includes narcotics or pharmaceuticals, medical marijuana could be a good choice for you. In Louisiana alone, The Healing Clinics has helped more than 50,000 patients through their healing journey, and we are ready to help you. Click the button to get started.
