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American Focus > Blog > Health and Wellness > What closing the ‘THC loophole’ will mean for patients
Health and Wellness

What closing the ‘THC loophole’ will mean for patients

Last updated: November 24, 2025 2:15 am
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What closing the ‘THC loophole’ will mean for patients
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In the mid-2010s, families from all corners of the United States made the life-altering decision to relocate to Colorado. However, their reasons were not related to the state’s renowned outdoor adventures or craft beer scene. Instead, these families uprooted themselves for a different purpose – Colorado’s groundbreaking legal marijuana laws. These laws granted access to cannabis-derived products that they deemed vital for the health and well-being of themselves or their children.

With medical marijuana now legal in 40 states and recreational use permitted in 24 states, Colorado’s status as a sanctuary for families coping with epilepsy, chronic pain, and other ailments has diminished. Nevertheless, the recent passage of legislation that aims to close the so-called “hemp loophole” could potentially reverse this progress, leaving countless individuals without access to products they rely on for their health.

The debate surrounding hemp products on Capitol Hill and the imminent closure of the loophole highlights the significant role that cannabis plays in health policy discussions. This extends beyond the traditional debate over the potential harms of cannabis to encompass its pivotal role in the health and wellness routines of many Americans.

The newly enacted law seeks to prohibit all intoxicating THC products, effectively returning to the pre-2018 era where all forms of marijuana were deemed illegal substances. Additionally, the law’s strict cap on THC concentration could also restrict access to non-intoxicating CBD products like oils and gummies.

While the potential impact of the new law remains uncertain, it could disrupt access to marijuana-related products nationwide, affecting both physical stores and online vendors. States that have not established regulatory frameworks for marijuana access may bear the brunt of the law’s consequences.

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Despite the concerns raised by patient advocates about the potential loss of access to CBD and THC products, some experts argue that the 2018 hemp loophole led to a hazardous unregulated landscape that necessitated legislative intervention. The lack of regulation in the hemp-derived products market poses risks to consumers, as products may contain undisclosed THC levels or impurities.

The closure of the hemp loophole was met with surprise by many industry insiders and is the culmination of a longstanding dispute between Kentucky’s senators, Mitch McConnell and Rand Paul. While McConnell supported the measure, Paul vehemently opposed it, citing concerns about the impact on the thriving cannabis industry.

In the absence of a revision to the current law, experts predict a shift towards the illicit market as consumers seek access to essential cannabis products. This shift could divert revenue away from legitimate businesses towards illegal operators, undermining the progress made in establishing a regulated cannabis market.

The closure of the hemp loophole raises pressing questions about the future of cannabis access in the United States and underscores the complex interplay between federal and state laws in shaping health policy. As stakeholders navigate this evolving landscape, the wellbeing of individuals who depend on cannabis-derived treatments remains a paramount concern.

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