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Cannabis Control Board official warns hemp 'loopholes' let high‑THC products reach stores
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Summary
A Cannabis Control Board official told a legislative committee the 2018 farm bill and subsequent enforcement gaps have allowed hemp‑derived products with substantial THC to circulate online and in stores, and described how Vermont's miscellaneous agriculture bill would set state thresholds, product registration, and processing rules to address the problem.
A Cannabis Control Board official briefed a Vermont legislative committee on the miscellaneous agriculture bill, saying federal and product‑level gaps have allowed hemp‑derived goods with significant THC to reach consumers and stores.
The presenter told lawmakers the 2018 Agriculture Improvement Act created a plant‑level test—hemp must measure no more than "point 3% THC on a dry weight basis"—and that loopholes in that definition have allowed high‑milligram products to be marketed and shipped interstate. "Cannabis is a really complicated topic," the presenter said. "When you start talking about hemp‑infused products, you can manipulate the serving size... and still be theoretically compliant with the... definition."
Why it matters: the presenter said some hemp‑derived bars and edibles can contain far more total milligrams of intoxicating THC than permitted in Vermont's adult‑use cannabis market, creating public‑safety and child‑appeal concerns and leaving state regulators with limited tools at the point of sale.
The presenter outlined three recurring compliance problems. First, the plant‑level 0.3% limit can be met while a finished product contains large milligrams of THC per package because the metric is based on dry‑weight plant tests rather than total THC per container. Second, THCA—a non‑intoxicating precursor—converts to intoxicating delta‑9 THC when heated, so products that pass a delta‑9 test pre‑use can still become intoxicating. Third, businesses have chemically converted CBD into novel cannabinoids (for example, delta‑8, HHC, THCP) that were not addressed by the original farm‑bill language.
The presenter said federal agencies have issued warning letters but enforcement has been limited. She described a recent federal action reported to have tightened the definition—adding THCA and introducing a container limit the presenter cited as "0.4 milligrams total THC per container"—and noted that change has a delayed effective date and could face lobbying or legal challenges.
State response proposed in the miscellaneous agriculture bill, the presenter said, focuses on thresholds and a product registration system: products would be classified as cannabis (and treated under cannabis rules) if they exceed 1.5 milligrams of THC per serving or more than 10 milligrams per package, or if they are marketed for intoxication. Items below those thresholds would remain unregulated hemp products (the presenter noted FDA jurisdiction is theoretical but not actively enforced). "We created thresholds...if it's got more than 1.5 milligrams THC per serving or more than 10 milligrams total per package," the presenter said, describing the policy the Cannabis Control Board used to draw the line.
The bill would also create a product registration process and fee modeled on existing adult‑use product registration; registered products would need to meet packaging, labeling and testing requirements before retail sale, the presenter said. She said the registration path is aimed at giving legitimate Vermont processors a way to obtain banking, insurance and contracting ability as "hemp" businesses rather than being treated as cannabis businesses.
Committee members pressed on practical issues: whether cannabis manufacturers may process hemp at the same facility, how to prevent cross‑contamination, and how to police internet sales. The presenter said the cannabis board can authorize laboratories to possess cannabis (where the agriculture lab cannot), and that standard operating procedures and tracking would be required if processing occurred at mixed facilities. On internet sales, she said many companies screen by delivery state but enforcement is hard; the state is discussing adding illegal products to existing delivery bans for tobacco and alcohol so cease‑and‑desist letters and enforcement avenues can be used.
The presenter also reviewed program history: Vermont created a hemp pilot in 2018, the Agency of Agriculture wound down its product program in 2022, and some staff and regulatory authority moved to the Cannabis Control Board while USDA maintains cultivation oversight for field growers. She said there remain roughly "around 20" low‑THC hemp growers in the state (the presenter characterized that as an estimate).
Next steps: committee members said the miscellaneous agriculture bill was on third reading in the Senate and expected later action; the committee scheduled a legislative counsel walkthrough of the bill and invited the presenter back once the final language is available.
All substantive claims in this article are attributed to committee testimony given to the Vermont legislative committee or to questions raised by committee members during the briefing.
