A formidable bipartisan coalition of 35 state attorneys general and chief legal officers sent a letter to Congress Tuesday urging lawmakers to uphold a ban on the sale of intoxicating hemp products amid a push from the White House and hemp industry special interest groups to delay the ban indefinitely.

Hemp is a close cousin of the marijuana plant that contains substantially less THC (the mind-altering chemical found in cannabis) than traditional marijuana does. Because of this, hemp has mostly escaped the federal regulations that govern marijuana. But a growing number of companies are exploiting this loophole by producing mind-altering products that contain delta-8 THC, “a synthetic cannabinoid derived from the hemp plant and is virtually identical to Delta-9 THC, the psychoactive component of marijuana that produces a ‘high,’” as noted by the organization Smart Approaches to Marijuana (SAM).

As reported by The New York Times, “a multibillion-dollar industry of beverages, gummies, cookies and vapes that are sold in gas stations, vape shops and convenience stores” has sprouted up around the delta-8 THC cannabinoid, and with it, a significant public health crisis. Since January 2021, Poison Centers in the U.S. have reported a 225% increase in delta-8 related exposure cases (9,360), with almost half involving accidental exposure to children. In a three-year span from 2018-2021, 22 deaths were reported as a result of delta-8 exposure. A study also found that the vast majority of hemp-derived THC product manufacturers (39 out of 44) failed to use adequate age verification methods as required by law, and 76% of delta-8-advertised products contained delta-9 THC greater than the 0.3% limit specified by federal law (with some products as much as 7,700% above the limit).

Sensing a burgeoning public health crisis, Congress acted in November 2025 by closing the loophole that allowed intoxicating hemp products to fill gas station shelves. That ban is scheduled to take effect this November, but the White House lobbied Congress to delay the ban, and senators responded by including a proposed delay in a continuing resolution (CR) spending bill that could pass this week. 

While the first Trump administration opposed the deregulation of marijuana, the second administration has taken a notably different course by reclassifying medical cannabis products as less potent drugs and working to deregulate controversial products known to have health risks such as flavored vapes, peptides, and kratom. The administration’s new push to rescind regulations on intoxicating hemp products would also notably benefit a family member of the president’s Chief of Staff Susie Wiles, whose son-in-law Bret Worley is the chief executive of MC Nutraceuticals, one of the world’s leading manufacturers of products infused with hemp-derived cannabinoids.

Experts like Kevin Sabet, who serves as president of SAM, are condemning the Senate’s move. “Now, because of the hemp industry’s influence over the White House, the Senate is trying to jam protections for THC candies and 100-milligram THC drinks into this spending bill. This is a sad moment for families across the country. … A four-year-old in Virginia died after eating delta-8 gummies. That is what this provision keeps on the shelf.”

Now, 34 state attorneys general spanning red and blue states from California and New York to Arkansas and Iowa, along with the AG of the U.S. Virgin Islands, have asked Congress to uphold its ban on intoxicating hemp products. In the letter, the AGs point out that keeping the ban in place would not only address public health concerns but also restore Congress’s “original goal of allowing the cultivation of hemp crops for uses within American industry — separate from the cultivation or processing of marijuana.”

The controversy got the attention of Senator Tedd Budd (R-N.C.), who on Monday announced his introduction of an amendment that would strip out the proposed delay on the intoxicating hemp product ban, remarking that such a delay “will endanger both the wellness and safety of Americans.” Senators Tom Cotton (R-Ark.), Mike Rounds (R-S.D.), and Pete Ricketts (R-Neb.) have also voiced their opposition to the delay.

Quena González, who serves as senior director of Government Affairs at Family Research Council, concurred. “It’s not pro-family to push for dangerous and addictive drugs to be deceptively packaged, and often available to children,” he told The Washington Stand. “Let’s hope the White House relents, if not because it’s bad policy, then at least because it’s becoming clear that a growing number of Republican senators resent having the CR hijacked by this last-minute demand.”