Seth A. Goldberg Cautions Industry to Prepare as Congress Shuts Hemp-THC Loophole in The Food Institute
Seth A. Goldberg, business litigator, regulatory counsel, and co-chair of the firm’s Cannabis & Hemp Law practice, was quoted in The Food Institute’s article titled, “Hemp-Derived THC Drinks: U.S. Congress Closes Farm Bill Loophole.” The article discusses how Congress has moved to close a loophole in the 2018 Farm Bill that allowed an unregulated market of intoxicat8ing substances derived from hemp cannabinoids to flourish. The article emphasizes that these changes will significantly disrupt the fast-growing hemp-derived THC beverage sector.
“The new funding legislation to reopen the government intends to close the hemp loophole in the 2018 Farm Bill, but businesses that are manufacturing and/or selling intoxicating products derived from hemp cannabinoids do not have to close their businesses. The legislation includes a one-year off-ramp for hemp-related companies to respond to the changes. Under current law, hemp is legal if it contains less than 0.3% delta-9 THC by dry weight,” said Seth Goldberg, co-chair of the Cannabis & Hemp Law practice at Pashman Stein Walder Hayden P.C.
“The new definition of hemp limits total THC to 0.4 milligrams per product container and prohibits intoxicating substances resulting from chemically converting hemp cannabinoids, which would result in many hemp-derived products that are now legal becoming controlled substances upon the effective date of the new hemp definition in 2026. Therefore, it would be prudent for hemp-related companies to begin thinking through how such changes will impact various aspects of their business,” added Goldberg.
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