Urgent Call: Senate Must Act Now to Close the Delta‑8 THC Loophole Before August Recess
FOR IMMEDIATE RELEASE
Washington, DC — July 29 — Shatterproof, a national nonprofit dedicated to addressing the addiction crisis in the U.S. alongside public health experts, law enforcement leaders, families, and bipartisan state Attorneys General, is calling on Senate leadership to bring the Agricultural Appropriations Bill to the floor and pass it before the August recess, in order to close the dangerous federal loophole permitting the marketing and sale of unregulated psychoactive hemp‑derived products such as Delta‑8 THC.
A Rapidly Escalating Public Health Threat
- The 2018 Farm Bill unintentionally created a legal loophole by defining hemp as cannabis with under 0.3% Delta‑9 THC. Since that time, manufacturers have exploited the law by chemically converting cannabinoids (e.g., CBD) into psychoactive products like Delta‑8, Delta‑10, and THC‑O — collectively known as Derived Psychoactive Cannabis Products (DPCPs).
- These products are widely sold in everyday retail environments — gas stations, convenience stores, vape shops, and online — without federal age limits, packaging requirements, or potency labeling.
Immediate Risks to Youth and Families
- Between January 2021 and December 2022, U.S. poison control centers received 5,022 reports linked to Delta‑8, Delta‑10, or THC‑O exposure. Notably, over 30% involved children under six, and more than 94% were due to ingestion.
- In 2023, 1 in 9 high school seniors reported using Delta-8 in the past year.
- Early research indicates serious acute harms — vomiting, hallucinations, respiratory and cardiac distress, even unconsciousness and seizures — especially among children.
- Laboratory studies have found that many Delta‑8 products contain heavy metal or solvent contaminants, and most show labeling discrepancies between actual and advertised THC content.
Shatterproof’s Legislative Priorities
With the August recess fast approaching, Shatterproof calls on Senate leadership to include the provisions passed by the Senate Appropriations Committee in the Agricultural Appropriations Bill:
- Redefine “hemp” to exclude all chemically derived intoxicating cannabinoids. Three loopholes are specifically addressed that are justifying the sale of intoxicating hemp-derived products in states:
- 0.3% loophole,
- THCA loophole, and
- derivatives loophole.
In addition, the Committee included a provision to enable the Secretary of HHS to add other hemp-derived products that are being used outside of intended industrial purposes.
A Unified Voice for Change
“Every day that Congress delays, more children are at risk,” said Kevin Roy, Chief Public Policy Officer at Shatterproof. “We support communities, law enforcement, bipartisan Attorneys General, and families who want help protecting their children from unregulated products.”
Time is Running Out
If Senate leadership does not act before the August recess, a prime opportunity to protect children and regulate untested psychoactive hemp products will be missed. Shatterproof urges the Senate to bring the Agricultural Appropriations Bill forward and pass it now.
For interviews, comments, or to learn how to support this effort, please contact: press@shatterproof.org
About Shatterproof
Shatterproof is a national nonprofit organization dedicated to reducing the burden of substance use disorder in the United States. Shatterproof is focused on increasing access to quality, science-based addiction treatment; educating society on prevention, treatment and recovery; driving change through public policy; and reducing addiction stigma to ensure that people who use substances or have a substance use disorder can live healthy and fulfilled lives. Shatterproof operates with three imperatives: base everything on science; help people today while also catalyzing partnerships to improve the healthcare system for future generations; and follow rigorous metrics for maximum impact. Find Shatterproof on Facebook, X and YouTube: @ShatterproofHQ or follow us on Instagram at @weareshatterproof. To learn more, visit www.Shatterproof.org
