Debate Over Regulating “New” Cannabinoids Intensifies Across the U.S.
In the last quarter of 2023, legislatures in nearly half of all U.S. states were actively discussing the possibility of regulating certain types of “new” or “exotic” cannabinoids. These substances are not federally banned due to the 2018 Farm Bill, which decriminalized the production and sale of all cannabinoids except Delta-9 THC. As a result, private companies and individuals across the country are legally able to sell psychoactive substances such as Delta-8 THC, HHC, and THC-O/THC acetates, along with other lesser-known cannabinoids.
Most proposals to restrict these substances at the state or federal level are coming from conservative members of the Republican Party. However, many moderate and even progressive politicians also support the idea. A significant number of lawmakers and voters believe that the full decriminalization of cannabinoids has created loopholes for the commercial sale of unregulated psychoactive cannabinoids, as well as precursor substances used to manufacture them. This concern, combined with increasing media coverage of serious poisonings linked to these substances and support for restrictions from the U.S. public health authorities, is making it more likely that new regulations will be enacted quickly and with little debate or scrutiny.
“Because of the overly broad language in the 2018 Farm Bill passed by Congress, any store in our state can sell substances that are actually more potent and psychoactive than traditional cannabis, with virtually no restrictions. Since these substances aren’t regulated by federal law, unscrupulous sellers can distribute these drugs almost freely,” said Ohio Governor Mike DeWine, a supporter of tighter regulations on new cannabinoids. “We’ve already seen numerous cases of minors using these substances, many of whom required medical attention due to poisoning. In some cases, kids bought this stuff online. In others, it was sold openly at gas stations. Just imagine the risk these substances pose to people on our state’s roads!”