Congress is back and open for business! Democrat Senators put on a big show during the Schumer Shutdown of keeping the government closed to extend failed Obamacare subsidies, give federal benefits to illegal aliens, and undo the progress of the One Big, Beautiful Bill. Republicans held the line and scored the win! The victory did not come without one final challenge, though.
Congresswoman Mary Miller (R-IL) led an effort in House Agriculture bills to close a loophole that allowed farmers to harvest Delta-8 tetrahydrocannabinol (THC) from hemp. This particular form of THC has been incorporated into gummies, energy beverages, beers, lotions, and various other products, which can be found in widely accessible locations such as gas stations and convenience stores. The marijuana industry took advantage of the lack of federal regulations regarding Delta-8 THC to create a booming business that harms Americans’ health, especially young people.
Rep. Miller’s provision was included in the Agriculture appropriations bill that the Senate considered as part of the CR. However, Senator Rand Paul (R-KY) opposed the provision, claiming that it would “unfairly target Kentucky’s hemp industry.” Once enough Democrats agreed to vote in favor of the CR, Sen. Paul threatened to delay a swift vote to open the government by objecting to the unanimous consent needed to end debate immediately. Senate Majority Leader John Thune (R-SD) agreed to hold a vote on Sen. Paul’s amendment that would remove Rep. Miller’s language in exchange for a quicker process. Fortunately, the amendment failed with 76 Senators voting to table the motion.
With the ban going into effect late next year, the marijuana industry has gone into a tizzy. They are conflating cannabidiol (CBD) with THC in the media. Cato Institute’s Jeffrey A. Singer told USA Today that “the ban will include many mainstream CBD drinks, gummies, and creams.” This is incorrect because while CBD is used as a part of the process to make Delta-8 THC, the two are not the same. The anti-marijuana education organization Smart Approaches to Marijuana (SAM) explains the process as follows:
[P]roducers of Delta-8 convert plant-derived CBD into Delta-8 using a chemical process called isomerization. This process combines CBD with solvent, acid, and heat to cause a chemical reaction that changes CBD into Delta-8.
CBD is considered “non-psychoactive” or “non-intoxicating,” which does not cause a “high” nor is it addictive. However, THC is intoxicating and has caused dangerous side effects. From 2021-2024, American Poison Centers saw a 225% increase in Delta-8 THC incidences. The reported side-effects include psychiatric episodes, high rates of anxiety and paranoia, and respiratory disorders. The Food and Drug Administration (FDA) reported in 2021 that it saw 22 Delta-8-related deaths in 3 years.
To make matters worse, children have increasingly gained access to THC products. It is often marketed with bright colors and familiar candy themes. In 2023, the National Institutes of Health (NIH) found that 11% of high school seniors had previously used Delta-8. Because teenagers’ brains are still developing, they are more likely to take larger doses of THC unintentionally, form addictions faster, and have long-term side effects.
The THC lobby will not stop at finding ways to legalize it at both the state and federal levels, so we must stay vigilant. Luke Niforatos spoke at Eagle Council 53 on the dangers of recreational marijuana and THC products which he provided excellent resources for states. Check out his remarks here. Our Senators heard from our grassroots, which made a difference in the way that they voted! Make sure you are signed up for our emails, so that you do not miss a chance to have a voice again in the next important issue.
