Indiana Attorney General leads bipartisan attorneys general letter demanding Congress stand firm against special interest pressure and keep the THC loophole closed

Protect communities by rejecting any delay to end the sale of unregulated intoxicating THC products

Indiana Attorney General Todd Rokita co-led a bipartisan coalition of state attorneys general directing lawmakers in Congress to reject efforts to delay implementation of the new federal definition of hemp which closes the loophole that has fueled the nationwide sale of intoxicating THC products in gas stations, smoke shops, and convenience stores.

A continuing resolution under consideration would postpone the new hemp definition enacted last year. The attorneys general warn that a delay would give the intoxicating hemp industry another opportunity to reopen the loophole already voted closed and continue profiting from unregulated products that mimic marijuana.

“Congress should not bow to the special interests that exploited a loophole in federal law to profit from selling unregulated intoxicating THC products that have harmed communities, jeopardized public safety, and put young people at risk,” Attorney General Rokita said. “They should stand with parents, law enforcement, and legitimate hemp farmers—not the special interests profiting from selling marijuana-like products in gas stations and convenience stores. Reject the delay, keep your promise and let the law take effect.”

The 2018 Farm Bill’s hemp definition was exploited by bad actors to manufacture and market intoxicating delta-8 THC, delta-10 THC, and other psychoactive cannabinoids as “hemp.” In November 2025, Congress acted to close that loophole by adopting a new definition that takes effect this November. 

Attorney General Rokita has long led on this issue. In 2023, he issued an official advisory opinion concluding that intoxicating THC products marketed as hemp are controlled substances under Indiana law. He has consistently called for aligning state and federal law to end backdoor marijuana sales, protect public safety, provide certainty to law enforcement, and preserve a legitimate agricultural hemp industry. 

The attorneys general warn that delaying implementation would create renewed litigation, regulatory uncertainty, increase youth access to intoxicating THC products, and undermine businesses that have already invested to comply with the new law. 

The coalition’s message is simple: Congress already closed the loophole. It should reject any delay and allow the new hemp definition to take effect as scheduled. 

Read the bipartisan letter here.