New Hampshire’s Formella and 38 other state AGs ask Congress to ban hemp THC products

New Hampshire Attorney General John Formella, shown here on Oct. 20, 2025, has joined 38 other attorneys general in challenging a Farm Bill loophole related to hemp products. (Photo by William Skipworth/New Hampshire Bulletin)

New Hampshire Attorney General John Formella is one of 39 state attorneys general asking Congress to close a loophole in the 2018 Farm Bill that has allowed marijuana-like hemp products to be sold as an unregulated product.

The attorneys general co-signed a letter to Congress last week, writing that “a provision of the 2018 Farm Bill … has been wrongly exploited by bad actors to sell recreational synthetic THC products across the country.” They argued that some have “nefariously misinterpreted” the bill’s new legal definition of “hemp.”

In the 2018 Farm Bill, Congress removed cannabis products that contain less than 0.3% THC, the main psychoactive compound in cannabis, from the legal definition of marijuana with the goal of boosting the agricultural industry. The idea was to give farmers a new product to sell: rope, textiles, and building materials made from industrial hemp, a product chemically similar to marijuana but nontoxicating. However, in doing so it legalized hemp-derived products with synthetic THC and the same intoxicating effect as marijuana. Or at least that’s how some have interpreted the bill. These hemp-derived products include Delta-8 and THC-0, which have exploded in availability in vape shops, gas stations, and online retailers.

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The attorneys general want Congress to clarify the definition of hemp in the 2026 appropriations process “to leave no doubt that these harmful products are illegal and that their sale and manufacture are criminal acts.” They called them dangerous and argued the products, some of which look like candy or junk food, are “often packaged and sold in ways meant deliberately to appeal to children.”

Once illegal nationwide, conventional marijuana is now legal for recreational purposes in 24 states and for medicinal purposes in 40 states. In New Hampshire, marijuana remains illegal for recreational purchases, but is decriminalized and legal for medicinal purposes.

In August, Gov. Kelly Ayotte reaffirmed her opposition to legalizing recreational marijuana in New Hampshire, saying “my concerns are quality of life, the impact on the mental health of youth, and also (that) they can’t measure it when it comes to road safety.”

Formella, who serves as president of the National Association of Attorneys General, was appointed and confirmed as the state’s attorney general by former Gov. Chris Sununu in 2021. In August, Ayotte, Sununu’s immediate successor, reappointed him to a new term.