Jackley asking Congress to close hemp loophole in new Farm Bill

April 1, 2024

PIERRE, S.D.–South Dakota Attorney General Marty Jackley is among 21 top state prosecutors who’ve signed a letter urging Congress to close the loophole that created the diet weed industry as they craft the next farm bill.

Hemp-derived cannabis equivalents became legal with the passage of the 2018 farm bill, which legalized the cultivation of hemp as long as the plants contain less than .3 % THC. That chemical compound creates the “high” experienced by marijuana users, and is typically present only in lower levels in hemp.

Entrepreneurs, however, quickly began to concentrate and even synthesize the chemical cousins of THC found in the hemp plant. The resulting products, sold under names like Delta-8 or Delta-10, are widely available across the U.S. in smoke shops and convenience stores, though some states have banned them.

South Dakota lawmakers passed a bill barring their sale – but not their possession or use – during the 2024 legislative session. The bill becomes law on July 1.