THC Is THC - Why Our Cannabis Laws No Longer Make Sense

Written By Shawn Collins

For years, we’ve built cannabis policy around the idea that hemp and marijuana are separate and distinct.  That one is harmless and the other intoxicating.  That one can be grown and sold like corn or cotton, and the other needs a dispensary, a license, and a vault.  But today, that legal framework is being pushed to its breaking point.  Not because of what these products are, but because of what they do.  It’s time we stopped regulating based on where THC comes from and started focusing on what it does when it gets into the hands of consumers.

“This isn’t an outlier.  It’s a symptom of a broader problem: the laws we use to regulate THC products are based on where the compound came from, not what it does.”

There are reports of gas stations and convenience stores around the country where hemp-derived THC beverages are displayed next to energy drinks, sometimes with no ID check, no warning label, and no regulated retail safeguards in sight.  These aren’t the carefully dosed, responsibly marketed products many reputable hemp operators produce.  They’re the exceptions that highlight the need for consistent and actual oversight.

This isn’t an outlier.  It’s a symptom of a broader problem: the laws we use to regulate THC products are based on where the compound came from, not what it does.

Legally, cannabis is divided into two categories - hemp and marijuana - even though both come from the same plant. Hemp contains no more than 0.3% delta-9 THC by dry weight.  It’s used for industrial materials, wellness products, and now, increasingly, intoxicants.  Marijuana, by contrast, has more THC and is typically sold in state-regulated dispensaries.  The differences are not botanical, they’re legal definitions. 

But here’s the catch: the high is identical.  If a product contains 10 milligrams of delta-9 THC, it doesn’t matter whether that compound was pulled from a marijuana flower or synthesized from hemp-extracted CBD.  The effect is the same.  Only the legal treatment differs.

And that difference has created a regulatory mess.

The Farm Bill Loophole That Sparked a $2B Grey Market

When Congress passed the 2018 Farm Bill, it legalized hemp to revitalize U.S. agriculture, particularly for fiber, grain, and non-intoxicating cannabinoids like CBD.  But by narrowly defining hemp as cannabis with no more than 0.3% delta-9 THC by dry weight, it unintentionally enabled the emergence of an unregulated market for intoxicating hemp-derived products - some responsibly made, many not - sold without the oversight or consumer protections typically required in the cannabis space.

That definition didn’t account for synthetic conversions or alternative THC isomers like delta-8, delta-10, or THC-O, all of which can be chemically derived from legal hemp but produce effects similar to marijuana.  Worse, many of these products fall outside the jurisdiction of cannabis regulators and are instead sold in smoke shops, gas stations, or online, with minimal testing and few safeguards.

By 2022, delta-8 alone was a $2 billion market.  Poison control calls related to accidental consumption, especially by children, spiked.  According to the CDC and FDA, reports of unintentional ingestion rose sharply as products were sold in colorful packaging, often without age verification.

This wasn’t the vision of a safe, professionalized cannabis or hemp marketplace.  It was a preview of what happens when innovation outpaces regulation, leaving even well-meaning operators without clear guidance.

How Minnesota Accidentally Modeled Low-Dose THC Regulation

In 2022, Minnesota became the first state to legalize hemp-derived edibles containing delta-9 THC.  But the law wasn’t the result of a sweeping cannabis reform strategy.  It passed quietly, with limited debate, and even some lawmakers later admitted they hadn’t realized it would legalize intoxicating products.

Despite that surprise, the framework worked. The law limited products to:

  • 5 mg THC per serving;

  • 50 mg per package;

  • Clear labeling and packaging rules; and

  • Age restrictions for sales.

It was a modest framework, but it worked.  Licensed breweries, consumer packaged goods (CPG) startups, and retailers began introducing compliant THC beverages and edibles.  Consumers got regulated access to mild, predictable products, without needing to enter a dispensary or break the law.

More importantly, it showed that hemp-derived intoxicants don’t need to exist in a legal gray area.  They can - and should - be regulated with intention.

“That’s why hemp and cannabis leaders alike should view these products as a shared opportunity.  A bridge, not a battleground.”

Hemp THC Beverages Could Be Cannabis’s Biggest Bridge

Among hemp products, none show more potential, or more risk, than beverages. These low-dose drinks offer an approachable, social format that resonates with consumers familiar with alcohol. They’re light, fast-acting, and, if regulated properly, could become a key gateway to cannabis for the canna-curious.

That’s why hemp and cannabis leaders alike should view these products as a shared opportunity.  A bridge, not a battleground.

With the right oversight, hemp beverages could be sold through traditional adult-use retail: grocery stores, specialty shops, and tasting rooms.  But without rules, they risk being swept into prohibition-style bans or handed off to alcohol lobbyists who see a threat rather than an opportunity.

How Cannabis and Hemp Can Align Before It’s Too Late

While this debate often centers on intoxicating products, it's important to remember that hemp is not a single product, or even a single category of products. It’s a full-scale agricultural and manufacturing sector.  Hemp includes grain and fiber crops used in textiles, construction materials, bioplastics, and animal feed, as well as non-intoxicating cannabinoids like CBD used in wellness and therapeutic products.  The intoxicating products emerging from hemp represent only one facet of a much larger industry.  Policy should reflect that breadth.

Too often, the hemp and marijuana sectors see each other as competitors.  But the real danger isn’t each other, it’s the policy vacuum.

If the two industries fail to align, someone else will fill that space. Likely without understanding the science, the consumer base, or the economic potential.

“Consumers don’t distinguish between regulated marijuana and unverified hemp-derived products when something goes wrong, they just lose trust in THC.”

This isn’t just about consumer safety; it’s about unlocking capital.  Both the cannabis and hemp industries need regulatory clarity to attract institutional investment.  Without consistent rules, investors are forced to navigate legal patchworks and reputational risk. A harmonized, effect-based approach not only protects consumers, it invites the kind of capital that fuels innovation, equity, and long-term growth.

And the risk of inaction is broader than missed investment. As questionable products flood shelves, even licensed cannabis operators feel the impact. Consumers don’t distinguish between regulated marijuana and unverified hemp-derived products when something goes wrong, they just lose trust in THC. That kind of reputational damage erodes years of progress.

What’s needed now is a shared framework based on effect, not origin. A regulatory model that:

  • Defines intoxicating cannabinoids by their effect, not plant origin.

  • Applies clear, consistent standards for testing, labeling, and age verification.

  • Preserves access to non-intoxicating hemp goods like CBD, fiber, and seed products.

  • Establishes practical retail pathways for low-dose products like beverages.

  • Avoids sweeping bans that drive innovation and consumers underground.

This also presents an opportunity for broader economic development. A well-regulated hemp THC market could create thousands of new jobs across manufacturing, agriculture, retail, and logistics. It can be complementary - not competitive - to the cannabis market.

And if done thoughtfully, low-dose hemp products could expand access for consumers and entrepreneurs alike, particularly in communities historically excluded from cannabis licensing.  They could offer a more inclusive entry point into the legal marketplace.

Done right, this approach creates consistency for consumers, clarity for retailers, and credibility for regulators.

“What matters isn’t what we call the plant. What matters is what the product does.”

A Smarter Way Forward

We’ve regulated alcohol for generations. We’re regulating cannabis in over half the country. We can apply the same logic to intoxicating cannabinoids, regardless of whether they started as hemp or marijuana.

What matters isn’t what we call the plant. What matters is what the product does.

THC is THC. If it gets you high, it should be regulated accordingly.

The legal distinction between hemp and cannabis might have made sense in 2018. But in 2025, we need a system grounded in chemistry, safety, and consumer protection.

We still have time to get this right. But not much.

Sources, Resources, and Suggested Reading:

Sources

Shawn Collins

Shawn Collins is one of the country’s foremost experts in cannabis policy. He is sought after to opine and consult on not just policy creation and development, but program implementation as well. He is widely recognized for his creative mind as well as his thoughtful and successful leadership of both startup and bureaucratic organizations. In addition to cannabis, he has a well-documented expertise in health care and complex financial matters as well.

Shawn was unanimously appointed as the inaugural Executive Director of the Massachusetts Cannabis Control Commission in 2017. In that role, he helped establish Massachusetts as a model for the implementation of safe, effective, and equitable cannabis policy, while simultaneously building out and overseeing the operations of the East Coast’s first adult-use marijuana regulatory agency.

Under Shawn’s leadership, Massachusetts’ adult-use Marijuana Retailers successfully opened in 2018 with a fully regulated supply chain unparalleled by their peers, complete with quality control testing and seed-to-sale tracking. Since then, the legal marketplace has grown at a rapid pace and generated more than $5 billion in revenue across more than 300 retail stores, including $1.56 billion in 2023 alone. He also oversaw the successful migration and integration of the Medical Use of Marijuana Program from the stewardship of the Department of Public Health to the Cannabis Control Commission in 2018. The program has since more than doubled in size and continues to support nearly 100,000 patients due to thoughtful programmatic and regulatory enhancements.

Shawn is an original founder of the Cannabis Regulators Association and also helped formalize networks that provide policymakers with unbiased information from the front lines of cannabis legalization, even as federal prohibition persists. At the height of the COVID-19 pandemic, Collins was recognized by Boston Magazine as one of Boston’s 100 most influential people for his work to shape the emerging cannabis industry in Massachusetts.

Before joining the Commission, Shawn served as Assistant Treasurer and Director of Policy and Legislative Affairs to Treasurer Deborah B. Goldberg and Chief of Staff and General Counsel to former Sen. Richard T. Moore (D-Uxbridge). He currently lives in Webster, Massachusetts with his growing family. Shawn is a graduate of Suffolk University and Suffolk University Law School, and is admitted to practice law in Massachusetts.

Shawn has since founded THC Group in order to leverage his experience on behalf of clients, and to do so with a personalized approach.

https://homegrown-group.com
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