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Attorney General Marty Jackley

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Attorney General Jackley Urges Congress To Fix Farm Bill Loophole Regarding Intoxicating Hemp

FOR IMMEDIATE RELEASE: Wednesday, March 27, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley is part of a coalition of 21 Attorneys General requesting that Congress fix language in the 2018 Farm Bill that has been used by “bad actors” to market unregulated intoxicating hemp.

The current law defining hemp has resulted in exploitation. Applied to foods, the 0.3% THC limit, which distinguishes industrial hemp from cannabis, is inadequate to distinguish the potential for intoxication. Many states now face poisonings from poorly manufactured products, products with misleading labels, and consumption by individuals who are under the age of 21.

“Illicit suppliers are stealing legitimate brand names and packaging harmful and dangerous products as candy, snacks, and cereal,” said Attorney General Jackley. “These copycat hemp products put people, especially children, at risk. They also jeopardize lawful hemp production for agricultural purposes here in South Dakota.”

In their letter to Congress, the Attorneys General ask that the definition of hemp be amended to clarify that there is no loophole for federal hemp intoxicants. The coalition also requests the 2023 reauthorization should reaffirm that Congress does not limit states in restrictions or regulations related to cannabinoids or any other derivatives of hemp which are deemed intoxicating.

Other Attorney Generals who are part of the letter are from Arkansas, California, Colorado, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kansas, Maryland, Minnesota, Missouri, North Carolina, North Dakota, Oregon, Pennsylvania, Tennessee, Virginia, and Washington.

The letter to Congress is attached: