If You Can’t Beat Hemp, Join Hemp: A Policy Argument for a Federal Regulatory Framework Encompassing Intoxicating Hemp Derivatives and Marijuana and Why Re-scheduling Marijuana Isn’t the Answer

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized industrial hemp and its downstream uses by removing hemp from the definition of marijuana under the Controlled Substances Act (CSA). Its enactment led to the explosion of a multi-billion dollar intoxicating hemp derivatives (IHD) market. This boom, combined with growing state–level marijuana legalization, presents a unique opportunity for comprehensive federal cannabis reform. This Note argues that the traditional pathways for marijuana legalization—rescheduling through the Controlled Substances Act or state-by-state legislation—are inadequate given the emergence of a federally legal but largely unregulated IHD industry. Instead, this Note proposes a unified federal framework encompassing both the IHD and marijuana industries, drawing inspiration from alcohol beverage regulations and established state cannabis regulatory schemes. The proposal leverages existing regulatory frameworks while preserving state autonomy, offering a sustainable path forward for the entire cannabis industry. Rather than viewing IHD as unwanted competition exploiting a legislative loophole, the marijuana industry should recognize that hemp has created a viable pathway to federal legitimacy. As the title suggests, if you can’t beat hemp, join hemp.