The Hemp Loophole: How the 2018 Farm Bill Split Cannabis

Duration: 43:18 | Recorded on August 22, 2026

S3E32 – The 2018 Farm Bill created two parallel cannabis markets in the United States, allowing federally legal hemp-derived Delta-9 THC to flourish in states where traditional marijuana remains prohibited. Hosts Kent and Kyle analyze the Senate’s Cannabis Administration and Opportunity Act co-introduced by Chuck Schumer and Cory Booker, alongside Donald Trump’s executive order directing the Attorney General to expedite rescheduling. Comparing the public harm profiles of alcohol and cannabis, they trace the racial history of cannabis vilification and debate the future of state-level retail regulations from Texas to Iowa.

Featured Spirits

Heaven Hill Double Mash Bottled-in-Bond

North Higher Vibes Pineapple Orange (IA)

Show Notes

/The 2018 Farm Bill and the Hemp Loophole: The 2018 Farm Bill split the cannabis market by distinguishing industrial hemp from traditional marijuana based purely on natural THC concentration. Kent and Kyle examine the absurdity of this legal definition, noting that the psychoactive chemical is identical regardless of the plant’s origin. They debate how this loophole has enabled a flourishing retail market for hemp-derived Delta-9 THC in non-recreational states like Texas.

/Alcohol versus Cannabis: Assessing Public Harm: Comparing the relative societal and health impacts of alcohol and cannabis reveals a stark double standard in federal policy. Kyle points out that alcohol remains completely excluded from the Controlled Substances Act despite its severe mortality and violence rates, while cannabis remains classified alongside deadly substances. The hosts argue that public policy is driven by tax revenues and liquor lobbies rather than objective assessments of human harm.

/The Political Bureaucracy of Rescheduling: Efforts to reform federal cannabis laws highlights deep legislative and bureaucratic hurdles. The hosts analyze the Cannabis Administration and Opportunity Act, championed by Chuck Schumer and Cory Booker, alongside executive actions directing the Attorney General to move cannabis from Schedule 1 to Schedule 3. Relying on Pew Research demographic data, they discuss how older voters remain the primary political bottleneck stalling sweeping federal reform.

/Prohibition, Harm, and Therapeutic Regulation: Tracing the history of alcohol Prohibition in the 1930s illustrates how outlawing substances often increases their allure and perceived value rather than reducing consumption. The brothers debate the therapeutic potential of hallucinogens and cannabis for treating PTSD, contrasting these benefits with the destructive profiles of street opioids like fentanyl.

References

H.R.2 – Agriculture Improvement Act of 2018 (www.congress.gov)

S.5022 – Cannabis Administration and Opportunity Act (www.congress.gov)

Increasing medical marijuana and cannabidiol research (www.whitehouse.gov) 

D.A.R.E. (dare.org) Anti-drug campaign 

NOTE: This episode discusses cannabis and hemp law, which varies by state and is changing rapidly. Nothing here is legal or medical advice, and listeners should check current law in their own jurisdiction before acting on anything discussed. Views expressed are the hosts’ own opinions, offered for conversation, not instruction.

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