35 State Attorneys General Told Congress to Let the Hemp Ban Take Effect — Here's What It Means for DMV Shoppers

On August 4, 2026, a bipartisan coalition of 35 state and territory attorneys general sent a formal letter to Congress urging lawmakers to reject Section 2019 — the provision in the Senate's continuing resolution that would delay the federal hemp THC ban by 29 days, from November 12 to December 11, 2026. The letter was co-led by attorneys general from Arkansas, Indiana, Connecticut, and New Mexico, and organized by Smart Approaches to Marijuana (SAM). The coalition cited a nearly 225% increase in delta-8 THC poison center exposure cases since 2021 as justification for letting the ban take effect on schedule. The Senate ultimately passed the continuing resolution with the delay intact. The House has not yet acted. This is the opposition context behind one of the most consequential hemp policy fights in years.

Thirty-five state and territory attorneys general want the federal hemp THC ban to take effect on time — and they told Congress so in writing.

On August 4, 2026, a bipartisan coalition of the nation's top state law enforcement officers sent a joint letter to House Speaker Mike Johnson, Senate Majority Leader John Thune, and the chairs of the House and Senate Appropriations Committees. Their ask was direct: reject Section 2019, the provision tucked into a Senate stopgap spending bill that would push the federal hemp ban's effective date back 29 days, from November 12 to December 11, 2026.

The letter didn't stop the Senate. Lawmakers voted 61–32 to table an amendment that would have stripped the delay on August 7, passing the continuing resolution with Section 2019 intact. But the House — which passed its own version of the spending bill without any hemp delay provision — remains in recess until August 31. When it returns, reconciling the two chambers' bills is the final legislative gate. That means the fight the AGs entered is not over.

For DMV shoppers buying delta-8 gummies, hemp seltzers, or full-spectrum CBD tinctures, the outcome of that fight determines what stays on shelves and what disappears.

What the Letter Argues: The Public Health Case Against the Hemp Delay

The AGs' letter frames the hemp delay as a straightforward public safety question. Congress already acted, the argument goes — passing a law in November 2025 (Pub. L. 119-37) that redefined hemp by capping total psychoactive cannabinoid content, including delta-8 THC and THCA, at 0.4 milligrams per container. That cap effectively bans the vast majority of products currently sold in gas stations, smoke shops, and online as "hemp-derived" THC alternatives.

According to the letter, the hemp industry has had months to adapt. Every additional day the loophole remains open, the coalition argues, is another day intoxicating products reach consumers — particularly children — without the regulatory guardrails that licensed cannabis businesses must follow.

"The hemp loophole has caused state enforcement chaos and increased youth hospitalizations," the letter argued, according to reporting by Marijuana Moment (Aug. 4, 2026). "Even a 29-day delay is unacceptable."

The coalition also pushed back on the framing that a brief extension is harmless. Every delay, the AGs contend, gives manufacturers more runway to sell through existing inventory and lobby for a permanent rollback rather than a temporary reprieve.

The letter was co-led by Arkansas Attorney General Tim Griffin (R), Indiana Attorney General Todd Rokita (R), Connecticut Attorney General William Tong (D), and New Mexico Attorney General Raúl Torrez (D). The bipartisan leadership — two Republicans, two Democrats — was intentional. SAM organized the coalition to demonstrate that opposition to the hemp delay crosses party lines.

The Poison Center Data: 225% Increase in Delta-8 Exposures Since 2021

The most cited statistic in the AGs' letter is a nearly 225% increase in delta-8 THC exposure cases reported to poison centers since 2021.

According to Smart Approaches to Marijuana (SAM), which organized the coalition, that figure reflects growth in calls to America's Poison Centers (formerly the American Association of Poison Control Centers, or AAPCC) from the start of dedicated delta-8 tracking in January 2021 through approximately mid-2024, when total reported cases reached roughly 9,360. Before January 2021, delta-8-specific exposure cases were not tracked with a unique code, making direct year-over-year comparisons for earlier periods unavailable.

The CDC had already flagged delta-8 as a public health concern before the 2021 tracking even began. In September 2021, the agency issued a Health Alert Network advisory (CDCHAN-00451) noting that between January 1 and July 31, 2021 alone, U.S. poison centers received 660 delta-8 exposure reports — with approximately 39% involving children under 18 and 18% requiring hospitalization. Some pediatric cases required intensive care unit admission.

A subsequent peer-reviewed study in the Journal of Medical Toxicology confirmed the upward trend: reported delta-8 exposure cases grew from 1,746 in 2021 to 3,179 in 2022, an 82% year-over-year increase.

It is worth noting what this data does and does not show. Poison center call volume reflects reported incidents, not total exposures — and calls can increase as awareness of reporting options grows alongside actual use. The hemp industry has made exactly this argument, contending that rising call volume partly reflects growing consumer adoption and reporting awareness, not a pure increase in harm. What the data does confirm: delta-8-related calls to poison centers rose significantly after dedicated tracking began, and a substantial share involved children.

Who Signed: 35 States and Territories, Both Parties — Including All Three DMV Jurisdictions

The 35 signatories span both parties and nearly every region of the country. For DMV readers, three names on the list are directly relevant: Maryland Attorney General Anthony G. Brown, District of Columbia Attorney General Brian Schwalb, and Virginia's attorney general.

All three signed — meaning the top law enforcement officers of every jurisdiction in the DC-Maryland-Virginia corridor are aligned with letting the hemp ban take effect as scheduled.

Other signing states include Arizona, California, Delaware, Hawaii, Illinois, Iowa, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wyoming, and the U.S. Virgin Islands, according to reporting by the Denver Gazette (Aug. 4, 2026) and SAM's press statement.

The coalition's breadth matters politically. A letter signed only by Democratic AGs from coastal states could be dismissed as partisan positioning. A coalition that includes Republican attorneys general from Arkansas, Indiana, Kansas, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and Wyoming is harder to dismiss. This is a law enforcement consensus that the hemp delay undermines enforcement — not a partisan stance on cannabis policy.

The Other Side: What the Hemp Industry Argues

The AGs' letter represents one side of a genuinely contested policy debate. The hemp industry has mounted a significant counter-argument, and it deserves an honest hearing.

The U.S. Hemp Roundtable, which leads industry advocacy, contends that the 0.4 milligram per container cap enacted in November 2025 is so restrictive that it would effectively destroy the entire legal hemp market — not just the gas-station delta-8 products the AGs are targeting. The industry estimates the ban, if it takes effect as written, would put between 328,000 and 404,000 American jobs at risk, collapse a market generating $28.4 billion in annual consumer sales, and cost state and local governments $1.5 billion to $4.3 billion in annual tax revenue.

Hemp industry groups argue that farmers who transitioned to hemp production after the 2018 Farm Bill relied on federal stability that is now being pulled out from under them. The 29-day delay, they contend, is not a loophole — it is a practical accommodation that gives Congress time to pass comprehensive hemp regulations rather than impose an industry-ending ban.

The industry also challenges the premise that all hemp-derived THC products are equally dangerous. Legitimate CBD wellness products, non-intoxicating hemp extracts, and agricultural hemp fiber all fall under the same 0.4 mg cap — a threshold critics argue was written to eliminate competition with licensed cannabis, not solely to protect children.

The Senate's 61–32 vote to table the Budd amendment suggests a majority of senators found the economic disruption argument more compelling in the short term than the AGs' public health case. The White House, along with senators including Rand Paul (R-KY) and Amy Klobuchar (D-MN), lobbied to keep the delay in place.

Where Congress Stands Now

The Senate passed the continuing resolution with Section 2019 intact. The House passed its own version without any hemp delay provision. Those two positions must be reconciled before a final CR can be signed into law.

The House is in recess until August 31. When it returns, leadership will need to decide whether to accept the Senate's version — with the delay — or insist on the House version without it. A conference between chambers is another possibility. If negotiators strip the hemp delay from the final bill, the November 12 deadline holds. If Section 2019 survives, the ban is pushed to December 11.

The AGs' letter was written before the Senate vote. Its purpose was to influence that vote. It didn't succeed in the Senate. Its relevance now is to the House negotiation: 35 state law enforcement officers have put their names on a document saying the delay is bad policy. For more on the Senate vote mechanics, see our earlier coverage: Senate Passes Spending Bill With Hemp Delay — Now It Goes to the House and our pre-vote explainer on what was at stake with the Budd amendment.

What This Means for DMV Shoppers Right Now

If you buy hemp-derived products in DC, Maryland, or Virginia — delta-8 gummies, THCA flower, hemp seltzers, or broad-spectrum CBD tinctures — here is the practical reality as of early August 2026.

• Nothing has changed yet. The November 12 deadline still exists on paper. The Senate delay pushes it to December 11, if it survives the House. Either way, existing hemp products remain legal and available through November.

• The uncertainty is real. No one knows whether the House will accept the delay. If it does not, the 0.4 mg cap takes effect November 12, and most delta-8 and hemp-derived THC products currently on the market would be federally prohibited from that date.

• Regulated cannabis is unaffected. Licensed dispensaries and delivery services operating under state cannabis law — regulated products tested for potency and safety — are not part of this federal hemp debate. They operate under separate state licensing frameworks.

If you want to browse regulated, lab-tested cannabis products available for delivery in the DMV, visit the Bud Lords shop. Every product sold through Bud Lords is sourced from licensed operators and compliant with DC, Maryland, and Virginia cannabis regulations — not the hemp loophole.

What to Watch

• August 31: The House returns from recess. Congressional leadership begins reconciliation discussions on the continuing resolution.

• House CR negotiations: Watch whether House leadership accepts the Senate's hemp delay provision or insists on stripping it. Any floor vote or committee action on the hemp language will be a significant signal.

• State enforcement: With 35 AGs on record opposing the delay — including Maryland AG Anthony Brown, DC AG Brian Schwalb, and Virginia's attorney general — watch for state-level enforcement actions against hemp retailers as the federal deadline approaches.

• Farm Bill: The underlying regulatory gap — hemp has had no permanent federal framework since the 2018 Farm Bill expired — won't be resolved by a 29-day delay. A durable solution requires Congress to pass a new Farm Bill with clear THC limits, labeling requirements, and age verification for hemp products.

Follow the Bud Lords Cannabis Newsroom for ongoing coverage of the hemp ban, DC cannabis regulation, and what it all means for consumers in the DMV.

Frequently Asked Questions

What is Section 2019 in the Senate continuing resolution?

Section 2019 is a provision in the Senate's stopgap spending bill that would delay the federal hemp THC ban's effective date from November 12, 2026, to December 11, 2026. The ban itself — which caps hemp products at 0.4 milligrams of total THC per container — was enacted in November 2025 under Pub. L. 119-37.

Which states' attorneys general signed the letter opposing the hemp delay?

Thirty-five state and territory AGs signed the August 4, 2026 letter. In the DMV, Maryland AG Anthony G. Brown, DC AG Brian Schwalb, and Virginia's attorney general all signed. Other signatories include the AGs of Arizona, California, Illinois, Iowa, Kansas, Louisiana, New Hampshire, New York, Ohio, Pennsylvania, Utah, and more across both parties.

Where does the 225% delta-8 poison center statistic come from?

According to SAM (Smart Approaches to Marijuana), the figure reflects growth in delta-8-related exposure cases reported to America's Poison Centers from the start of dedicated tracking in January 2021 through approximately mid-2024. The CDC separately documented a rapid rise in exposure reports in 2021, with about 39% of cases involving children under 18 and 18% requiring hospitalization.

Did the Senate vote to reject the hemp delay?

No. The Senate voted 61–32 on August 7–8, 2026, to table the Budd amendment, which would have stripped the hemp delay. The continuing resolution passed with Section 2019 — and the delay — intact.

Why is the House relevant now?

The House passed its own continuing resolution without any hemp delay provision. The two versions must be reconciled before a bill can become law. The House returns from recess on August 31. Whether the final bill includes the delay depends on that negotiation.

Does the federal hemp ban affect licensed cannabis dispensaries?

No. The federal hemp THC ban applies to products sold under the hemp regulatory framework — not to cannabis sold through state-licensed dispensaries and delivery services. Licensed cannabis businesses in DC, Maryland, and Virginia operate under separate state law and are not affected by Section 2019 or the underlying hemp cap.

What is SAM's role in organizing the attorneys general letter?

Smart Approaches to Marijuana (SAM) is a national nonprofit that advocates for stricter cannabis and hemp policy. SAM organized the 35-AG coalition and helped coordinate the August 4 letter to Congress. SAM's position is that the hemp loophole created by the 2018 Farm Bill has enabled the unregulated sale of intoxicating products, particularly to youth.

What happens if the November 12 deadline holds?

If Congress does not pass a spending bill that includes the hemp delay, the 0.4 milligram per container cap takes effect November 12, 2026. That would make most delta-8 THC, THCA, and high-potency hemp-derived cannabinoid products federally prohibited. Retailers selling those products would face legal exposure under federal law.

Sources

• Smart Approaches to Marijuana (SAM) — Press Statement, "35 State Attorneys General Urge Congress to Reject Any Effort to Delay or Weaken the Hemp THC Ban," August 4, 2026. learnaboutsam.org

• Marijuana Moment — "Bipartisan AG Coalition Calls on Congress to Maintain Hemp THC Ban," August 4, 2026. marijuanamoment.net

• Denver Gazette — "Thirty-five state AGs urge Senate to let hemp ban implementation take effect," August 4, 2026.

• Maryland Attorney General Press Release — "AG Brown Joins Bipartisan Coalition," August 5, 2026. marylandattorneygeneral.gov

• New Hampshire Attorney General — "AG Formella Urges Congress to Preserve Federal Hemp Reforms," August 5, 2026. nh.gov

• CDC Health Alert Network Advisory CDCHAN-00451 — "Delta-8 Tetrahydrocannabinol: Unexpectedly Potent Psychedelic Substance," September 14, 2021. emergency.cdc.gov/han/2021/han00451.asp

• Journal of Medical Toxicology — Delta-8 THC Exposure Trends 2021–2022. pmc.ncbi.nlm.nih.gov/articles/PMC11413204/

• America's Poison Centers — Delta-8 THC Tracking Data. poisoncenters.org

• U.S. Hemp Roundtable — August 2026 Legislative Alert. hempsupporter.com

• Tippah County News — "Senate tables hemp amendment at center of funding fight," August 8, 2026.

This article was researched and written with AI assistance by the Bud Lords AI Newsroom.