High on Hemp: The Proliferation of, Public Health Implications, and Policy Debate over Regulating Hemp-Derived Psychoactive Products

This policy spotlight discusses the current unresolved issue of hemp-derived products that contain psychoactive drugs being sold for consumption in Illinois and many other states without federal or state regulation and oversight. Made possible by a loophole in federal legislation, these unregulated hemp-derived products can and often do contain psychoactive drugs on par with or surpassing the potency of cannabis-derived products that are closely licensed and regulated by the state.

The sale of hemp-derived products has proliferated across the United States over the last five years, fueled in part by the lack of regulation and licensing. The proliferation has caused public health concerns, as sales of these products are presently not age-restricted and can be purchased online or at a wide and growing variety of outlets, including “smoke shops”, convenience stores, and gas stations. Additional health concerns are attributable to the lack of production oversight, testing, and quality control, resulting in impurities such as heavy metals and volatile solvents that are used in processing as well as pesticides and pathogens being retained in the final products sold to and consumed but the public.