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White House zeroes in on intoxicating hemp

by Joseph Choi and Nathaniel Weixel - 05/07/26 5:43 PM ET

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by Joseph Choi and Nathaniel Weixel - 05/07/26 5:43 PM ET

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White House zeroes in on intoxicating hemp

The Trump administration is signaling a crackdown on synthetic hemp products with high levels of THC.

The administration’s sweeping National Drug Control Strategy released this week called those products a “growing concern” that have proliferated in the aftermath of the 2018 farm bill.

That legislation removed hemp from the controlled substances list in a bid to boost farmers’ income and expand production of the plant, which can also be used in textiles and cosmetics. Under the 2018 law, a product was considered hemp if it contained less than 0.3 percent of delta-9 THC, the psychoactive ingredient in marijuana.

But there was no mention of delta-8 THC, a chemical variant that is found in minuscule levels in natural cannabis. Hemp companies began synthesizing high levels of delta-8 THC from CBD derived from hemp, and selling it in stores and online.

The White House is aiming to fix that, citing “new legal authority” contained in the November government funding bill.

The new law, which will take effect later this year, closes what is called the “derivative loophole” by prohibiting products that are derived from CBD, like delta-8 THC.

“Enforcement will focus on substances falling outside regulatory frameworks or being sold illegally,” the White House said.

Although the hemp plant naturally contains small amounts of cannabinoids such as delta-8 THC, delta-10 THC, THC-O-acetate, THCP and other THC analogues, they are often produced in laboratories but labeled as “hemp.”

The levels of THC in those products, like drinks and gummies, make them marijuana in everything but name.

Critics allege companies are exploiting a loophole to chemically alter the THC in hemp or use it in large quantities that make it as intoxicating as higher-potency marijuana. The products are sold without consistent age restrictions or labeling regulations and oftentimes resemble candy.

According to the White House, “any final hemp-derived cannabinoid product containing these chemicals will be considered a Schedule I controlled substance under the hemp restriction regulations that are scheduled to take effect in November 2026.”

“Shutting down these domestic sources of harmful substances is crucial to degrading the overall availability of illicit drugs within our communities,” the White House said.

The White House’s strategy release comes after Trump called on Congress to fix the hemp language to ensure that full-spectrum CBD remains available — indicating he sees a difference between the synthetic products and the natural ones.

“Americans can continue to access the full-spectrum CBD products they have come to rely on,” Trump said.

Welcome to The Hill’s Health Care newsletter, we’re Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health.

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