Law360 (August 12, 2021, 5:28 PM EDT) — As states move to more strictly regulate or outright ban Delta-8-THC and other psychoactive cannabinoids derived from hemp, the effort is revealing a fissure in the burgeoning industry and sparking debate about the limits of state regulators’ authority and the objectives of the 2018 Farm Bill that legalized hemp nationwide.
The federal statute pegged the definition of the newly lawful crop to its concentration of Delta-9-THC, the more well-known substance in marijuana that causes a high, while remaining silent on more than 100 other compounds called cannabinoids produced by the cannabis plant.
Some of those compounds with psychoactive effects, such as…