Nearly All Hemp Products Could Get You High
/uy Crystal Lindell
The promise of legalized hemp products was always that you couldn’t high on them, and they would be more regulated and thus safer for consumers. But a new white paper reveals that most hemp products contain intoxicants like THC, synthetic cannabinoids, kratom or even hallucinogenic mushrooms.
Hemp products have only been sold legally in the United States since 2021, the result of hemp being legalized as part of the 2018 Farm Bill. The thinking at the time was that hemp contained such minuscule amounts of THC that farmers could grow hemp again as a cash crop to make things like rope, fuel and horse feed.
But it didn’t take long for the cannabis industry to figure out how to tweak the chemical composition of hemp to make delta-8 tetrahydrocannabinol (THC) and other potent synthetic cannabinoids, which you can get high on.
The white paper, called The Great Hemp Hoax, examined the composition and potency of hemp products sold in two southern California counties, focusing on chemically synthesized cannabinoids. The results reveal the hemp market has evolved far beyond what lawmakers and regulators intended.
In an analysis of 104 hemp-based products from 68 brands, researchers found that 95 percent contain synthetic cannabinoids, which are illegal in California. These compounds are often far more potent than naturally occurring THC.
More than half of the tested products exceeded the federal 0.3 percent THC limit, technically classifying them as cannabis rather than hemp under federal law. In fact, researchers found that many of these products vastly exceeded THC potency limits imposed on regulated cannabis products.
Some hemp gummies contained up to 325 milligrams of synthetic THC per serving — which is way over the 10mg cap in California’s legal market.
You could also get high on hemp-derived vape products, which had an average THC equivalency level 268% above the state’s threshold for adult-use cannabis.
Some hemp products — such as Cheech & Chong’s “Kosmic Chews” — even contain psychoactive additives like kratom, while others include hallucinogenic mushrooms.
THE GREAT HEMP HOAX
“Much of what’s being sold as ‘hemp’ today isn’t hemp at all — it’s a cocktail of synthetic intoxicants and illicit THC masquerading as a natural, legal product. It's essentially the ultra-processed junk food of cannabis, but far more dangerous," said Tiffany Devitt, Director of Regulatory Affairs at Groundwork Holdings, which helped establish the cannabis industry in California and is trying to protect it from hemp competitors.
"These companies aren't just skirting regulations – they're putting consumers at serious risk with designer drugs that look a whole lot more like ‘Spice’ than natural hemp."
Devitt and other authors of the white paper believe the contamination is not accidental. They said that filtering out or reducing the amount of delta-8 or delta-9 THC in hemp products is inefficient and cost-prohibitive, incentivizing companies to not do it.
“Because of these inefficiencies, most so-called ‘hemp-derived’ THC products are, in reality, synthetic cannabis — reminiscent of illegal products like ‘Spice’ that flooded California a decade ago,” they wrote.
The lack of oversight also results in tax evasion. Over 90% of the hemp products analyzed were sold without collecting California’s sales tax, and none of the vendors paid the state’s cannabis excise tax.
“The failure to ensure tax accountability allows unregulated ‘hemp’ products to undercut the legal cannabis market while depriving the state of revenue meant for public health, environmental mitigation, and enforcement,” the authors concluded.
The white paper calls for all hemp products containing THC to be regulated as cannabis within California, to protect consumers and workers.
“These illicit operations aren’t just dangerous — they’re undercutting California’s regulated cannabis businesses and workers,” said Kristin Heidelbach, Legislative Director of the United Food and Commercial Workers Union, which helped pay for the white paper.
“While licensed cannabis businesses provide good union jobs and comply with strict labor standards, many synthetic ‘hemp’ producers manufacture out-of-state or import from overseas, dodging California’s labor laws and tax obligations.”
This isn’t just a California issue. A recent study found that nationwide sales of hemp products reached $2.8 billion in 2023. They are legally sold to minors in many U.S. states, even in those where cannabis is illegal. In 2023, about 11% of 12th graders said they had used hemp products containing Delta-8 THC.