The hemp loophole has become a national intoxicant market

Congress legalized hemp in 2018 to support American agriculture — not to create a nationwide market for intoxicating gummies, beverages and vaping products. Yet that is precisely what followed. Businesses exploited the federal definition of hemp to manufacture psychoactive products containing intoxicating cannabinoids. These products quickly migrated from farms and specialized retailers into convenience stores, smoke shops and storefronts across the country. They are often sold in brightly colored packaging, sometimes resembling ordinary candy or drinks. In many communities, consumers can purchase them without the safeguards traditionally associated with medical or recreational marijuana programs. The result is a national regulatory failure hiding behind the word "hemp." States now face a choice: confront this expanding intoxicant industry or allow it to become economically and politically entrenched. Texas and Arkansas illustrate the consequences of those competing approaches. In Texas, lawmakers passed Senate Bill 3 to prohibit consumable hemp products containing intoxicating cannabinoids while preserving legitimate non-intoxicating products (such as CBD and CBG). But Gov. Greg Abbott (R) vetoed the legislation. His decision did more than delay a single bill. Texas is the nation's second-largest state and one of its most valuable consumer markets. By vetoing the prohibition, Abbott gave the intoxicating-hemp industry additional time to open stores, attract customers, hire l…