How Congress stumbled into delivering a buzz
Months after U.S. states scrambled to close a loophole that allowed psychoactive cannabis to be sold in gas stations across the U.S., even where marijuana is illegal, a second loophole is being exploited.
Here it is in a nutshell, according to Jim Higdon, the founder of Cornbread Hemp: The 2018 U.S. farm bill that legalized hemp, introduced by Senator Mitch McConnell, allows hemp-derived CBD to contain up to 0.3% THC by dry weight. Oils and gummies are so dense compared with dry marijuana, however, that you can add enough THC to pack a significant punch without technically violating that rule.
Cornbread Hemp, based in Louisville, Kentucky, is taking advantage of that by shipping gummies with high amounts of THC — the ingredient in marijuana that gets users high — into dozens of U.S. states, including those without medical or recreational programs. It is one of a what seem to be a handful of small companies flouting the gap between federal laws that govern hemp and those that govern marijuana.
Their success shows just how hard it is for U.S. laws to keep up with a little-regulated industry where the science on how to extract and convert psychoactive substances is still evolving.
“Mitch McConnell accidentally legalized weed gummies,” Higdon told me in a phone interview. “It’s not as much a loophole as it is a math issue.”