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Congress to Pull The Plug on THCA Loophole

  • Writer: Eureka Effects
    Eureka Effects
  • Nov 10
  • 4 min read

Updated: Nov 10

As the Hemp industry continues to evolve in the USA, there have been some recent legislative developments at both the federal and state levels that are poised to reshape the market for CBD products. While these changes primarily target intoxicating cannabinoids such as Delta-8 THC and THCA, they could have ripple effects on the broader hemp ecosystem. Let's break down the key updates surrounding the "THCA Loophole" in the 2018 Farm Bill, and explain what this might mean for CBD products overall. Our goal is to keep you informed so you can make educated decisions about your wellness routine.


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Federal Push to Ban Intoxicating Hemp Products


Congressional leaders have recently negotiated a government funding package that includes provisions to recriminalize many intoxicating hemp-derived THC products. This comes amid a government shutdown, with the bill aiming to redefine "hemp" under federal law to exclude products with detectable levels of THC that can cause intoxication. Specifically, the legislation imposes a strict total THC limit of 0.4 milligrams per container, effectively banning popular items like Delta-8 edibles, beverages, and vapes that have proliferated since the 2018 Farm Bill legalized hemp with less than 0.3% Delta-9 THC.


This move aims to close what regulators call the "THCA Loophole." THCA (tetrahydrocannabinolic acid) is a non-intoxicating precursor cannabinoid to THC found in raw hemp AND marijuana (medical and recreational), but it converts to psychoactive Delta-9 THC when heated (e.g. during smoking). The original 2018 Farm Bill didn't explicitly regulate THCA, which allowed sellers to market high-THCA products as "legal hemp". However, a 2024 DEA letter clarified that THCA products are considered illegal if they can be converted to THC, and with the upcoming 2026 Farm Bill, it is expected to formally close this and other cannabinoid loopholes such as synthetic derivatives. The current appropriations bill includes a 365-day grace period for businesses to comply (with similar language expected in the 2026 Farm Bill); however enforcement could begin sooner if the funding package passes.


Bipartisan support for these restrictions is currently very strong, with 39 state Attorney Generals urging Congress to act due to public health concerns, market confusion, and unregulated sales to minors. Even the alcohol industry has lobbied for the ban, viewing intoxicating hemp as unregulated competition. However Sen. Rand Paul has opposed the measures, arguing they signify government overreach and could harm the hemp industry. This could lead to a market with only CBD isolate products available, which have been shown to be less effective than full spectrum CBD products (less than 0.3% THC).


Most importantly for regular CBD users, the proposed federal changes aim to preserve non-intoxicating products like pure CBD oils (tinctures), topicals, and supplements. CBD, derived from hemp and containing negligible THC, should remain legal as long as it meets the 0.3% threshold. That said, the redefinition of hemp could indirectly affect supply chains, product testing standards, and potential product availability for high-THC hemp products.


California's Crackdown on Intoxicating Hemp Sales


On the state front, California has already taken decisive action. In October 2025, Governor Gavin Newsom signed legislation integrating intoxicating hemp products into the state's regulated cannabis framework, effectively banning direct-to-consumer sales outside licensed dispensaries. This includes prohibiting online sales, advertisements, and over-the-counter availability of products like Delta-8 or THCA-infused items. The law requires age verification (21+ only) and restricts sales to licensed outlets, with a reported 99.8% compliance rate from emergency regulations implemented earlier in the year.


What Does This Mean for CBD Customers?


These regulations signal a shift toward tighter oversight of the hemp market, closing loopholes that allowed intoxicating products to flourish unchecked. For pure CBD users focused on wellness benefits like stress relief or inflammation support, the impact should be minimal.


As a CBD customer, we recommend sticking to reputable brands like Eureka Effects, with transparent lab reports confirming low THC levels. Also stay up to date with sources like the FDA or your state's health department as well as our Updates page. The hemp industry is adapting, and these changes could ultimately lead to a more stable, regulated environment that benefits everyone across the United States.



Written by Jason L. Knox

November 10th, 2025



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