How Mitch McConnell Accidentally Created An Unregulated THC Market

“Mitch McConnell didn’t know what he was doing when he passed the 2018 Farm Bill. The bill included his provision that legalized industrial hemp, a form of cannabis that can be made into a wide variety of products including cannabidiol, a non-intoxicating cannabis compound commonly called CBD. That part was intentional — the law quickly launched a multi-billion dollar industry that put the once-obscure CBD compound into lattes, seltzers and hundreds of CVS stores across the country.

But after three years it appears one of the law’s biggest impacts was entirely unintentional: It accidentally created a booming market for synthetic THC, marijuana’s primary intoxicant.

The same type of CBD that’s for sale at CVS is now being synthetically converted into THC and packaged into vape cartridges and gummy bears. Thanks to a loophole in the 2018 Farm Bill, these drugs are marketed as a “legal high” and sold online and in states where marijuana remains illegal.

But chemists warn that these drugs can contain hazardous solvents, acids and unknown compounds. When FiveThirtyEight legally purchased hemp-derived THC products for testing, we found illegal levels of THC and a variety of mystery compounds that could not be identified. There are no federal safety testing requirements for these products, and while hemp companies occasionally publish test results, some brands have been caught using fake test documents.”

“The hemp industry has quickly moved past selling just Delta-8-THC and is now offering an increasingly long list of synthetic cannabinoids that they can ship directly to your door.”

“McConnell has spent years fighting for hemp legalization and, in particular, the legalization of CBD in an effort to appease his home state’s farmers. He made hemp legalization a campaign issue in 2013 and, when the Drug Enforcement Agency blocked Kentucky’s farmers from growing CBD-rich hemp under an earlier pilot program, the senator publicly fought the agency until the DEA backed down.

When it came to writing the 2018 law, McConnell apparently didn’t want to take any chances with the DEA. His provision permanently removed hemp from the Controlled Substance Act”

“The five professional chemists we spoke to for this piece were all particularly concerned by the sale of synthetic cannabinoids like Delta-8-THC-O acetate, which are both synthetically made and synthetically designed (unlike Delta-8-THC, which can be found naturally in cannabis). These types of synthetic cannabinoids were first invented by the pharmaceutical industry and can react with our internal cannabinoid receptors in unnaturally strong ways.”