A major trade association that counts among its members corporations such as Coca-Cola, General Mills, Kraft Heinz and Nestlé is putting pressure on Congress to ban intoxicating hemp products.

In a letter sent to House and Senate leadership, the Consumer Brand Association (CBA) said it wants to see the so-called “hemp loophole” of the 2018 Farm Bill that legalized the crop closed. And to that end, the organization backed appropriations language led by Rep. Andy Harris (R-MD) to prohibit hemp products containing any quantifiable amount of THC.

The proliferation of intoxicating cannabinoid products—including those that contain synthesized delta-8 and delta-10 THC, for example—have “caused significant investigative and testing challenges, as well as unseen health and safety impacts,” CBA said in the September letter, as first reported by Cannabis Wire.

“This definition did not take into account the possibility for addition of various isomers (chemical variants with similar effects) of THC, and the possibility of intoxicating hemp-derived beverages, which can include more THC than ever intended,” it said. “Additionally, many products are deliberately marketed in ways that confuse consumers, featuring brightly colored packaging, cartoon imagery, and names that mimic candy or popular treats.”

Relatedly, CBA also advised Congress in 2022 to prevent the proliferation of marijuana-infused copycat products that mimic their well-known brands.

“Congress did not intend to create an unregulated market for intoxicating products that are not subject to Food and Drug Administration oversight. Two of the most prevalent isomers of THC, Delta-8 and Delta-10, have not had any FDA review,” the new letter says. “These products create risks for consumers who may falsely believe that they are reviewed and regulated for safety and purity.”

“As you consider finalizing FY 2026 appropriations, we encourage you to close this loophole and protect consumers,” CBA said.

Notably, the retail giant Target—which recently launch a pilot program selling hemp THC beverages at select locations in Minnesota—is also a member of CBA. Target’s decision came just weeks after the association sent out the letter to Congress on restricting such products from the marketplace.

Meanwhile, a bipartisan coalition of 39 state and territory attorneys general recently called on Congress to clarify the federal definition of hemp and impose regulations preventing the sale of intoxicating cannabinoid products.

A coalition of major alcohol industry associations also sent a letter to Congress this week, throwing its weight behind the push ban intoxicating hemp products—at least on a temporary basis before the federal government creates a “robust regulatory framework” for the marketplace. Signatories said they aligned with the attorneys general on their request.

Minnesota Attorney General Keith Ellison (D), who helped lead that letter to congressional leaders last month, defended his decision amid criticism from industry stakeholders and advocates who questioned why top prosecutors from states that have robust regulated hemp markets such as Minnesota would encourage the federal recriminalization of such products.

As Congress continues to navigate a path forward on funding legislation to end an ongoing government shutdown, lawmakers are still at work attempting to reach a deal on federal hemp laws—with one GOP senator telling Marijuana Moment that multiple options are on the table, though it will ultimately come down to what leadership wants.

Two GOP lawmakers—Sen. Mitch McConnell (R-KY) Harris—have pushed aggressively for an outright ban on hemp products containing THC. But others such as Sen. Rand Paul (R-KY) have insisted that such a policy change would devastate the industry. And Paul said recently he’d go so far as to hold up large-scale spending legislation if a full ban was kept intact.

The senator also pushed back against the recent letter from the state and territory attorneys general who implored Republican leaders to fully prevent the marketing of intoxicating hemp products.

“Some of them came back from states that have completely legalized marijuana, and they’re going to ban hemp? I mean, it’s just ridiculous,” he said. “So they prefer people to use a much higher dose of THC from cannabis than lower-dose hemp products. It doesn’t make any sense.”

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As far as legislative options go, Paul did put forward legislative language recently to require a study and report on state regulatory models for hemp that could inform future revisions to the federal law—rather than prohibit sales altogether, as McConnell would have it.

In August, McConnell–who ushered in the federal legalization of hemp under the 2018 Farm Bill–took to the Senate floor to criticize those who opposed the ban, including Paul.

Meanwhile, Paul recently filed a standalone bill that would go in the opposite direction of the hemp ban, proposing to triple the concentration of THC that the crop could legally contain, while addressing multiple other concerns the industry has expressed about federal regulations.

The senator introduced the legislation, titled the Hemp Economic Mobilization Plan (HEMP) Act, in June. It mirrors versions he’s sponsored over the last several sessions.

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Kyle Jaeger is Marijuana Moment’s Sacramento-based managing editor. He’s covered drug policy for more than a decade—specializing in state and federal marijuana and psychedelics issues at publications that also include High Times, VICE and attn. In 2022, Jaeger was named Benzinga’s Cannabis Policy Reporter of the Year.