The 2018 Agricultural Improvement Act and Tetrahydrocannabinol
by Mahmoud A. ElSohly and Donald Stanford
Forensic Sci Rev 37:67-71 (July 2025)
“This publication examines the regulatory ambiguities surrounding hemp-based products containing delta-8-tetrahydrocannabinol
The authors explore how the 2018 Farm Bill’s definition of hemp created a paradox, leading to a proliferation of potent psychoactive products that are widely available without medical supervision
The commentary also highlights the potential public health hazards and contaminants found in these products.
Concluding Remarks
To conclude, we suggest that the proliferation of consumer products containing delta-8 resulted from a somewhat coincidental confluence of the intrinsic characteristics of the delta-8 molecule that give it both therapeutic and psychoactive properties, along with the unanticipated language of a US law that allows delta-8 products to be excluded from a class of compounds historically controlled under DEA C-I status.
It seems that the paradoxical qualities of this potent cannabinoid have led to the development of a highly marketed product without the regulatory pathway that would have established the safety parameters required to protect public health before a product like this would be available to patients.
Many state legislators also recognize the serious health hazards directly related to delta-8 being widely available without medical supervision. A number of states have enacted laws to prohibit those products in their states.
During the 2025 Mississippi session, our legislators debated a bill to establish a state hemp production program which would require the manufacture and sale of certain products, such as those containing delta-8, to be regulated through licensure, quality and labeling standards, and restricting sales to adults [14]. Although the measure failed to be approved, we commend our state leaders for their concerns and efforts in the matter.”
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