Congress promised to close the THC loophole. Our kids are still waiting

I served as Governor of Nebraska from 2015 to 2023. My team delivered for Nebraskans. We cut taxes, made the government work better, and defended Nebraska values. I also signed the Nebraska Hemp Farming Act into law. This bill allowed industrial hemp to be grown, harvested, processed, and marketed in Nebraska.

We took this step to align Nebraska state law with the 2018 Farm Bill. We also wanted to support our agricultural community. This Farm Bill federally redefined hemp. It removed it from the Controlled Substances Act and legally separated hemp from marijuana. This was a well-intended change. Hemp farmers argued their crop was a commodity. They said declassifying it would create new economic opportunities. Congress listened and acted. Our state followed. The results are drastically different from what we anticipated.

This Farm Bill created a loophole that enabled nationwide sales of unregulated, manufactured THC. THC is a highly addictive and mind-altering drug. Bad actors immediately capitalized on this loophole. They manufactured and commercialized Delta-8 and Delta-10 THC drugs. They packaged these drugs to look identical to popular candies, sodas, and chips. Then, they flooded the market with these drugs. They shelved them at gas stations, convenience stores, and smoke shops across the nation. These drugs don’t have an age restriction. Now, our children and communities are paying the tragic price.

CLOSE THE BACKDOOR DRUG PIPELINE THAT’S EMBOLDENING ENEMIES AND HARMING THE PUBLIC

According to the Journal of the American Medical Association, more than one in ten high school seniors have used hemp-derived THC products. Teens are still growing, and their brains are still

developing. This causes addictions to form more quickly. Teens who use this higher-potency drug can develop dependence or addiction within months of first trying it. This is nearly double the rate of older adults. We know that THC drugs are increasingly linked to IQ loss and significant mental health issues. THC is linked to depression, suicidality, psychosis, and anxiety. Allowing these drugs to stay on the market is a disaster.

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Teens aren’t the only vulnerable population. Our young children have been impacted too. A three-year-old and a four-year-old in Omaha found and ate what looked like candy in their mom’s purse. They overdosed. The kids ate 1500mg THC gummies that were branded identically to Sour Patch Kids. Thankfully, these children recovered, but they aren’t the only children who have made this mistake. In Virginia, a four-year-old boy died after eating his mom’s THC gummies. There has been an over 1000% increase in reported accidental THC poisoning for children under five. The National Institutes of Health directly links this staggering increase with the rising availability of edibles that look and taste like candy. Candies mimicking commercial brands are rarely legally regulated or lab tested. A package’s total amount of THC can be spread unevenly. That means a single piece might contain an unpredictable amount of the poisonous substance.

Here’s some good news. Nebraska’s Attorney General Mike Hilgers has cracked down on THC drugs. He is fighting back against an industry that preys on our communities. In Congress, a bipartisan group of senators voted to close the THC loophole last year. This vote gave the THC drug industry until November 12, 2026, to get in line with the new law. We gave this industry a full year.

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Here’s the bad news. Today is November 12, and the loophole isn’t closed. In August, enough senators banded together to delay the deadline. That was a mistake. Today should have been the day that Congress officially protected Americans from deadly THC drugs. Today should have been a day to celebrate. Instead, we gave a multi-billion-dollar industry more time to profit off hurting our kids and communities. As the Senate returns to Washington we must ensure this loophole is closed once and for all.