The Senate Appropriations Committee has approved the FY2026 Agriculture-FDA spending bill, which includes a provision banning intoxicating hemp products, but implementation would be delayed for one year.
The committee approved the FY26 Agriculture-FDA spending bill on Thursday by a 27–0 vote.
The bill provides $27.1 billion in annual funding for agriculture programs for the coming fiscal year.
It also includes an amendment redefining hemp, which “closes the hemp loophole that has resulted in the proliferation of unregulated intoxicating hemp products being sold across the country.”
Drafted by Senators Mitch McConnell, Republican of Kentucky, and Jeff Merkley, Democrat of Oregon, the bill provision aims to amend the hemp law established in the 2018 farm bill to prevent the sale of hemp-based intoxicating products. However, the changes would be implemented over the course of one year.
The one-year delay would allow current hemp farmers to finish this year’s crop under existing rules while giving lawmakers time to discuss and finalize new regulations to ensure a smoother transition without disrupting ongoing farming, according to Senator Merkley’s Thursday hearing.
The Senate committee’s intoxicating hemp ban approval follows a Republican-led House committee’s approval in June of a spending bill that includes a measure to ban all hemp products containing THC.
Closing 2018 Farm Bill Hemp Loophole
The 2018 Farm Bill, passed during President Donald Trump’s first term, legalized hemp containing up to 0.3% THC nationwide for industrial purposes.
However, it also indirectly allowed the production of hemp-based products, such as delta-8 THC, with intoxicating effects similar to recreational cannabis, which remains illegal at the federal level.
This gray market has grown into a multi-billion-dollar industry, with these products sold in stores, gas stations, and online across the country.
The committee is now closing this loophole by proposing a bill that would prohibit all products containing any quantifiable amount of THC.
The move is likely to have significant implications for the hemp industry. If enacted, the provision would ban nearly all hemp-derived hemp products that contain any measurable THC. The bill says the amount of THC and other intoxicating cannabis compounds will be determined by the Secretary of Health and Human Services, working with the Secretary of Agriculture.
Jonathan Miller, general counsel of the hemp advocacy group U.S. Hemp Roundtable, said in a press statement that “the best way to do that is through robust regulation, not prohibition,” adding that “regulation will protect hemp farmers and the $28 billion economic engine that is the hemp industry while also offering the protections that the Senate is seeking. A blanket ban on more than 90% of hemp consumable products is not the right path.”
However, Kevin Sabet, president of Smart Approaches to Marijuana, an organization opposing the commercialization and normalization of cannabis, said in a press statement that “The Senate’s inclusion of a ban on hemp-derived intoxicants like Delta-8 THC is a marquee win for public health and safety.” He added, “For too long, Delta-8 THC dealers have taken advantage of Congress’ original intent and skirted the spirit of the law, putting families and lives at risk. Today brings us closer to legal sanity on this issue.”
Within 180 days of the law taking effect, the FDA Commissioner and the Agriculture Secretary must report to Congress on how the rule is being implemented. The report will cover the expected impact on the cannabinoid market, talks with industry groups, and details on packaging, labeling, testing, and how to report any problems.
Pilot Study of 7 and Pseudo in Dogs Commissioned By Leading Manufacturer Illuminates Significant Public Health Concerns With Synthetic Drugs
WASHINGTON, D.C.— The Stop Gas Station Heroin coalition reviewed the beagle study commissioned by CBD American Shaman, a Missouri-based company that reports generating the majority of its revenue from the sale of “7” products in over 200 retail locations, to evaluate the effects of escalating oral doses of their formulations of 7 (semi-synthetic 7-hydroxymitragynine), and Pseudo (semi-synthetic mitragynine pseudoindoxyl).
Commissioned to support an Investigational New Drug (IND) submission, the study’s clear conflicts of interest are as alarming as its findings. Consider that CBD American Shaman, the sponsor of the research, has falsely marketed and sold these products as dietary supplements since 2022. Moreover, the study was released by the Holistic Alternative Recovery Trust, an advocacy group comprised of members with a vested interest in 7-OH products.
This study raises serious concerns about the safety of 7 and Pseudo products, especially with regard to CBD American Shaman’s marketed “serving size” of 7.5 milligrams per serving, or half a tablet. More concerning is that in reality users consume significantly greater amounts of these products, and misuse risks include tolerance and addiction.
Critically, the study’s findings suggest that doses of more than 0.3 milligrams exceed a conservative threshold for human safety. This figure is based on adverse effects observed in dogs at 10 milligram doses, scaled to a human-equivalent dose using FDA-recommended methods.
In other words, CBD American Shaman’s marketed serving size is more than 25 times greater than what could be considered reasonably safe based on the study’s own preclinical data, and many more times greater if measured against normal consumption of these products.
Lastly, what HART is ignoring, irrespective of the science they put forward, is that 7 and Pseudo have been chemically formulated and put into the market with the intent to cure, treat and mitigate disease; that is in relation to chronic pain, and Opioid Use Disorder. Despite marketing their products as natural botanicals, they are producing unapproved new pharmaceutical drugs, which is illegal.
In order to protect Americans, they should be conducting rigorous peer reviewed science that is published in a journal and vetted as a part of a robust IND submission that proves the efficacy and safety of 7 and Pseudo in comparison to the prescription drugs they are attempting to mimic. Without this critical research and approval from the FDA for prescribed use of 7 and Pseudo, these products should not be on the market.
The study’s design, results, and implications are expanded upon below:
The original study design sought to give 10, 20, 40 mg of 7OH or Mitragynine Psuedoindoxyl twice daily for 7 days for beagles ranging from 8-10.2kg. However, at the lowest dose of 10mg, a Serious Adverse Event (SAE) occurred causing the study to be halted).
What does this mean?
A 10 mg dog for a ~10kg dog dose ≈ 0.5 mg/kg in humans, or ~32.4 mg in a 60 kg human, potentially enough to cause a similar SAE.1
Based on this data, using a reasonable safety factor of 100 (per FDA guidance), the results would mean the maximum dose they could administer is 0.3 milligrams for humans. This maximum dose of 0.3 milligram is equivalent to about 4% of the suggested serving size, and 2% of a single tablet sold by American Shaman.
1 Human Equivalent Dose (HED) = Animal Equivalent Dose (AED) x 0.54. This is based on conversion mentioned in study design and also standard dose conversion.
After the SAE, the sponsor adjusted its protocol to 1/10 of the original doses (1, 2, 4 milligrams per day in dogs), which is 1/20 of the daily dose. However, even at doses at 1 milligram, 2 milligrams and 4 milligrams per day, adverse events (AEs) were still 2.5 — 2.7 X more common than placebo. Specific AE’s: GI disturbances, including blood and mucus in feces. All episodes of drooling appeared in dogs only after the daily dose was escalated to 4 milligrams.
What does this mean?
1mg, 2mg and 4mg doses in dogs can be converted to Human Equivalent Dose (HED) of 0.05mg/kg, 0.1mg/kg and 0.2mg/kg.
For a 60 kg human, the dose that can cause adverse events could be as low as 3.24 milligrams – 12.96 milligrams.
The sponsor (CBD American Shaman)’s current human product doses, as well as many “7” and “Pseudo” products in market already far exceed the Human Equivalent Dose that could cause an adverse event, and many times more than what would be considered a safe dose.
Missing Pieces in Research Design and unfinished reports:
The presented study of 7 and Pseudo in dogs was incomplete, missing key safety endpoints, and inappropriately designed to assess safe use of the test articles. Some of these are described below
Short duration – only 7 days of exposure per dose, not representative of daily chronic use observed in real-world conditions.
Within-group dose escalation confounds data. The middle and high doses were only given to dogs acclimated to lower doses of the test article.
No assessment of opioid-related side effects like respiratory depression
No assessment of abuse potential or behavioral changes expected with opioid exposure
While allegedly collected, no report of clinical chemistry, hematology, or urinalysis data
The study was not peer-reviewed nor published in a reputable scientific journal. In fact, it was still in draft format.
In Summary:
The study is incomplete, shows significant public health risk with these products, and it doesn’t justify extrapolating to humans to establish the safety of 7 or Pseudo, especially when:
The Beagles had serious adverse events at very low doses in the original study design and had adverse events in the redesigned studies starting at 1/10 of the dosage of the initial study design’s first dose.
The set dosing data for humans for products already being sold are based on a leap of faith, not robust safety data.
Beagle-to-human extrapolation is already a cautious stretch; human sales go far beyond what the model supports. Dosages currently sold in the market have already exceeded the HED that can cause Adverse Events (AE’s) and Serious Adverse Events (SAE’s) based on the study.
With reported risk addiction due to “7” being 22 times more potent opioid receptor binding affinity than morphine, many consumers will take more than the 32.4mg limit that links to serious adverse events and expose themselves at lower doses to high risk of adverse events.
Final Thoughts:
What HART is ignoring, irrespective of the science they put forward, is that 7 and Pseudo have been chemically formulated and put into the market with the intent to cure, treat and mitigate disease – namely chronic pain and opioid use disorder. They have intentionally produced a novel drug and are currently marketing it without FDA approval, which is a clear violation of federal law. They should be doing more science as a part of a robust Investigational New Drug (IND) and New Drug Application (NDA) submission that not only proves the efficacy and safety of 7 and Pseudo but also shows that they are better than the drugs they seek to replace (Oxycontin, Percocet etc.). Until such time that they have done this and gained approval from the FDA for prescribed use of 7 and Pseudo, these products should not be on the market, and should certainly not be available for $6 a pill at your local smoke shop or convenience store.
America is in the midst of a new wave of the opioid epidemic, with dangerous synthetic drugs hurting kids and fueling for-profit addiction in communities across the country.
These drugs are distributed through a widespread network of independent convenience stores and smoke shops. One of them is CBD American Shaman. With more than 200 stores nationwide, they are pushing unapproved, prescription-strength drugs disguised as natural remedies across the country.
By Alexander Malyshev and Sarah Ganley – Reuters –
Shortly after the 2018 Farm Bill legalized hemp, entrepreneurs began pushing the envelope in what they believed to be a legal gray area: intoxicating hemp-derived cannabinoid products like delta-8 tetrahydrocannabinol (“Delta-8 THC”), delta-10 tetrahydrocannabinol (“Delta-10 THC”), and other psychoactive derivatives distilled from hemp (which does not naturally contain those compounds in sufficient quantities to provide a “buzz”).
These products flourished in what many perceived to be a gray area (mostly due to a lack of enforcement during a time that saw the expansion of state-legal recreational cannabis markets) and were being sold in gas stations, online stores, and even wellness boutiques nationwide.
But, as is often the case, these businesses have become victims of their own success. Now federal agencies and state legislatures have been moving aggressively to regulate, restrict, or ban these products outright amid growing concerns over safety, youth access, and regulatory evasion.
The perceived 2018 Farm Bill ‘loophole’
Prior to December 2018, hemp and all hemp-derived substances (including cannabidiol or “CBD”) were considered to be a form of marijuana subject to the federal government’s most restrictive regulation under Schedule I of the Controlled Substances Act of 1970 (“CSA”). That changed on Dec. 20, 2018, when the 2018 Farm Bill was signed into law.
The 2018 Farm Bill removed hemp (a type of cannabis plant from the same genus as marijuana) from the definition of marijuana under the CSA, making hemp and all of its derivatives legal, so long as it contains less than 0.3% of delta-9 tetrahydrocannabinol (or “Delta-9 THC”) by dry weight. See 7 U.S.C. § 1639o. Delta-9 THC is the primary psychoactive component found in marijuana.
The Farm Bill’s definition of hemp, however, did not address the chemical conversion or extraction of other intoxicating cannabinoids from legal hemp material. Many entrepreneurs saw this as a loophole, which would allow them to sell intoxicating hemp products legally (and without being subjected to the same strict laws governing the sale of state-legal cannabis in most states).
Importantly, not everyone agreed that the Farm Bill created such a “loophole,” including the Drug Enforcement Administration (“DEA”), which has taken the position that, while “naturally occurring” THC compounds found in hemp are covered by the Farm Bill, synthetically derived intoxicating compounds distilled from hemp do not fall under the Farm Bill’s definition of “hemp” and instead meet the definition of THC under the CSA (making them Schedule I substances).
Still, market participants have taken the position that, as long as such products meet the Delta-9 THC threshold for hemp when tested on a dry weight basis, they are “legal.” And because there has been little to no enforcement in the field, intoxicating hemp products, such as Delta-8 THC and Delta-10 THC, have surged in popularity.
While federal regulators, including the Food and Drug Administration (“FDA”), have raised concerns about safety and labeling — particularly in products that resemble candy or snacks appealing to children — federal regulatory oversight of intoxicating hemp products has been limited, and federal courts have thus far interpreted the Farm Bill’s language to shield these compounds from CSA enforcement when derived from legal hemp.
For example, both the 9th and 4th U.S. Circuit Courts of Appeals have ruled that hemp-derived Delta-8 THC products are federally legal provided they contain no more than 0.3% Delta-9 THC by dry weight (based on the definition of “hemp” in the 2018 Farm Bill).
The 4th Circuit went even further, affirming the legality of products containing intoxicating amounts of Delta-8 or Delta-10 THC and rejecting the DEA’s stance that tetrahydrocannabinol-O-acetate (or “THC-O”), a synthetic cannabinoid, is illegal. AK Futures LLC v. Boyd St. Distro, LLC, 35 F.4th 682 (9th Cir. 2022); Anderson v. Diamondback Investment Group, LLC, 117 F.4th 165 (4th Cir. 2024). It is not known how the Supreme Court, with its current composition, would rule on these issues.
Federal Crackdown: Farm Bill revisions and appropriations amendments
This all may become moot in the next iteration of federal law. In 2025, both chambers of Congress introduced proposals to revise the definition of legal hemp to narrow or eliminate the perceived “loophole” created by the 2018 Farm Bill.
Most notably, in June, the House Appropriations Committee approved language in a FY2026 spending billthat would ban hemp products containing any “quantifiable amounts” of THC, or any other cannabinoid with effects similar to THC. This means virtually all hemp-based cannabinoid products on the market today could be banned at the federal level, since even non-intoxicating CBD products usually contain trace amounts of THC.
While the bill is unlikely to pass in its current form, it demonstrates the current Congress’ inclination to close the hemp loophole and limit the proliferation of intoxicating hemp-derived products.
The states step in: a patchwork of prohibition and regulation
In the absence of unified federal enforcement, states have taken divergent approaches in response to the proliferation of intoxicating hemp-derived products. At least 32 states have enacted some kind of regulations on intoxicating hemp products, and a handful of other states have proposed regulations that are still making their way through the legislative process.
Some states, like Minnesota and Kentucky, have opted to regulate the sale of intoxicating hemp products. These jurisdictions typically impose dosage limits, restrict sales to adults over 21, and subject products to testing, labeling, and packaging requirements.
Other states, including California and Colorado (which have legalized recreational cannabis), have made intoxicating hemp products completely illegal (or at least heavily restricted). This last category includes Arkansas and Alabama, which recently passed laws totally prohibiting certain intoxicating hemp-derived products.
Texas has also recently taken steps to ban or heavily restrict intoxicating hemp-derived products. In May, the Texas Legislature passed Senate Bill 3, which would have banned all consumable hemp products containing any intoxicating cannabinoid. Governor Greg Abbott, however, vetoed the bill in June, citing concerns over enforcement complexity and the need for a more tailored regulatory approach. Instead, Governor Abbott called for a special legislative session in July to develop a regulatory model akin to the state’s alcohol system.
Looking ahead: Will federal law shut it down?
The trajectory of intoxicating hemp products will likely be determined by the final language of the FY2026 spending bill and the 2025 Farm Bill. If either includes a broader definition of “THC” or prohibits all intoxicating cannabinoids regardless of derivation, much of the existing hemp marketplace could be wiped out or forced into the regulatory fold of marijuana regimes.
No matter the immediate result, businesses in this space should prepare for rapid regulatory changes, evolving enforcement priorities, and the growing likelihood of a coordinated federal crackdown.
Often marketed as a dietary and brain supplement, tianeptine, also known as “gas station heroin,” is a product raising concerns across the United States.
Since 2016, the U.S. Food and Drug Administration (FDA) and poisons centers nationwide have seen an increase in severe medical issues caused by this unregulated drug.
“Our center saw a notable increase in calls related to tianeptine in 2024,” said John Downs, M.D., M.P.H., director of the Virginia Poison Center at VCU Health. “About a third of patients reported to our center required intensive care unit level monitoring for conditions associated with tianeptine toxicity or withdrawal.”
Although tianeptine is sold online and at small stores like gas stations, the drug is not approved by the FDA for any medical use and is considered dangerous due to its opioid-like characteristics and extensive side effects.
In 2025, Virginia banned tianeptine, adding it to a list of Schedule I drugs. Ten other states have also banned it, including Virginia’s neighbor North Carolina.
VCU Health News spoke with Downs about tianeptine, its side effects and best practices for recovery and prevention.
What is “gas station heroin” (tianeptine) and what is it used for?
“Gas station heroin” is the nickname for tianeptine, a substance that is sometimes sold in convenience stores, smoke shops, or online under brand names like Tianaa, Zaza, Neptune’s Fix, Pegasus and TD Red. In the U.S., it is often marketed as a dietary supplement or nootropic which can mislead consumers about its safety.
Outside the U.S., tianeptine may be considered an antidepressant that is prescribed in lower doses to treat anxiety, major depression disorder and irritable bowel disease. With recreational use, daily doses can reach as high as 3,000mg. Studies have shown high amounts of this drug increase the uptake of serotonin to the brain leading users to experience a sense of euphoria.
Misuse of tianeptine can produce effects similar to heroin or morphine, which is why it’s been dubbed “gas station heroin.” Its availability in gas stations or convenience stores does not mean it is safe or legal.
What are the health risks associated with tianeptine?
Tianeptine can cause a range of serious symptoms, especially when taken in high doses or combined with other substances. Common effects include:
Sedation
Respiratory depression (slowed or stopped breathing)
Coma
Confusion or agitation
Fast or irregular heart rate
Seizures
Users may also experience symptoms that resemble opioid withdrawal when they try to stop using the substance.
When should someone seek medical care?
If you witness someone experiencing concerning symptoms after tianeptine use — such as confusion, difficulty breathing, chest pain or unresponsiveness — contact emergency medical care immediately. If you’re not sure what to do, the Virginia Poison Center is available 24/7 at 1-(800)-222-1222 for free, confidential advice.
What does recovery from tianeptine look like?
Recovery from a severe episode of tianeptine toxicity depends on how much was taken, whether other drugs were involved, and the quickness of medical intervention.
Depending on the severity of the case, some patients may require hospital-level care which would include respiratory support or treatment for withdrawal. Cases of chronic usage and dependence might need specialized addiction treatment services.
Can naloxone help someone who has overdosed on tianeptine?
Yes, in some cases, naloxone (Narcan®) may help reverse some of the dangerous effects of a tianeptine overdose, especially if the patient has slowed or stopped breathing. Since tianeptine acts on opioid receptors, naloxone can be life-saving.
Once someone is given naloxone, it is always important to call 911 immediately.
Are there other similar products that should be avoided?
The Virginia Poison Center at VCU Health strongly encourages people to avoid unapproved brain boosters or mood enhancers sold outside of a licensed pharmacy, especially when its ingredients or effects are unclear.
Stalled efforts to regulate Delta-8 THC have prompted Missouri’s Executive Branch to step in, leaving many residents asking: “When will this issue finally be resolved?”
In Missouri, it remains disturbingly easy for teens, and even younger children, to purchase products that can get them high. Sold openly in gas stations, smoke shops, and convenience stores, these products include Delta-8 THC gummies, sodas, and vape cartridges, often disguised in colorful, candy-like packaging that conceals their intoxicating potential.
Delta-8 THC is a psychoactive compound that can be synthesized from hemp-derived CBD. Although structurally similar to Delta-9 THC, the main intoxicating chemical in marijuana, Delta-8 exists only in trace amounts naturally and must be chemically converted in order to produce commercial quantities.
A controversial loophole in the 2018 federal Farm Bill unintentionally opened the door to these products by legalizing hemp and its naturally occurring derivatives. However, the Drug Enforcement Administration (DEA) has since clarified that synthetically created or chemically modified cannabinoids, such as Delta-8 produced through chemical conversion, are considered Schedule I controlled substances under federal law.
This regulatory gray area has raised serious alarms among parents, health professionals, and law enforcement. Despite increasing reports of adverse incidents, Missouri’s legislature has yet to implement meaningful oversight. In the meantime, the Attorney General, a former governor, and several local governments have taken matters into their own hands.
Missouri Department of Health and Senior Services Issues Health Advisory
In April 2024, Missouri’s Department of Health and Senior Services (DHSS) issued an important warning about hemp-derived cannabinoids like Delta-8 THC. These products aren’t tested for safety, aren’t regulated, and remain easy for anyone, including kids, to buy.
They often come in bright, candy-like packaging or drinks that might look innocent but can cause serious harm, including poisoning and impairment. Paua F. Nickelson, DHSS director, said it’s deeply troubling how easily young people can get these products, and how little is known about what’s actually in them.
DHSS urges Missourians to stick to buying cannabis products from licensed dispensaries, where safety and quality standards are enforced. For anything sold elsewhere, the labels may not tell the full story.
The Alarming Boldness of Unregulated Sellers
As if Delta-8 weren’t concerning enough, some sellers in Missouri are now going even further, offering substances that have nothing to do with hemp or the Farm Bill.
In stores across the state and the internet, products openly claiming to contain psilocybin (the active compound in psychedelic mushrooms) are now being sold alongside THC edibles and vapes. Psilocybin remains illegal under both state and federal law, yet these intoxicating products are appearing more frequently, with little fear of enforcement.
These shops are pushing a growing variety of mind-altering substances that no regulatory agency is testing or tracking. Many of these products are poorly labeled or misleading, with unknown ingredients and unpredictable effects. Parents, schools, and law enforcement are left trying to catch up as more of these substances slip into mainstream retail.
This isn’t just a Delta-8 problem anymore. It’s a warning sign: when there’s no clear oversight, the door opens to a flood of unregulated, dangerous substances. And Missouri is seeing that flood arrive.
A National Crackdown—While Missouri Lags Behind
Across the U.S., many states have moved to restrict or ban intoxicating hemp-derived compounds like Delta-8. Common measures include minimum age requirements, mandatory product testing, and licensing rules for manufacturers and retailers.
But Missouri still lacks a comprehensive statewide framework. This regulatory vacuum has forced local authorities to adopt their own policies in an effort to protect public health and safety.
The Farm Bill Loophole, and Its Consequences
The 2018 Farm Bill was crafted to support American agriculture by legalizing hemp, which is defined as cannabis containing less than 0.3% Delta-9 THC. While it allowed for the sale of naturally occurring hemp derivatives, the rise of synthesized intoxicants derived from hemp, such as Delta-8, was not anticipated
Since Delta-8 occurs naturally only in minuscule quantities, manufacturers use chemical processes to convert hemp-derived CBD into Delta-8 at levels high enough to produce psychoactive effects. This kind of synthetic conversion falls outside the scope of what the Farm Bill protects.
Without clear federal enforcement or consistent state-level laws, Missouri has become a hotspot for the unregulated sale of these potent products, raising public health risks and putting pressure on local officials to fill the policy gap.
The Human Toll
In February 2024, ten students at Sumner High School in St. Louis became violently ill after consuming Delta-8 gummies purchased from a local gas station. Four were hospitalized. Weeks later, six elementary-aged children got ahold of similar products. One young girl became so disoriented that she believed her parents were trying to kidnap her.
The FDA issued a national alert in 2022 warning about Delta-8’s risks to children and pets. Between 2021 and 2022, poison control centers saw an 82% spike in Delta-8-related calls, more than 3,300 cases in just one year.
This is not a theoretical concern. It’s a real, growing public health issue playing out in homes and schools across Missouri.
When Lawmakers Don’t Move, Others Do
With the Missouri legislature stalled, Attorney General Andrew Bailey took action. Over the past year, his office has investigated sellers and issued cease-and-desist letters to companies pushing unregulated hemp-derived THC products, which he called “bad actors.”
Bailey emphasized the need to protect the public from the only intoxicating cannabis products currently on Missouri shelves that are totally unregulated. Many of these products are imported, increasingly from overseas, including China, compounding safety concerns.
Before leaving office, then Governor Mike Parson issued Executive Order 24-10, directing state agencies to remove intoxicating hemp products from stores and warning retailers of legal consequences.
In response to the state’s inaction, local governments like Gladstone and Farmington passed ordinances banning the sale of synthetic cannabinoids in their communities.
Recently, the St. Louis board of aldermen offered a bill, sponsored by Shane Cohn, that would ban Delta-8 products from being sold outside of legal dispensaries. Despite this being a step toward restoring some degree of regulatory framework, inaction on the state level continues to force local authorities to act alone.
Industry Pushback
Not everyone supports the Attorney General’s aggressive stance. Leaders in the hemp industry argue the enforcement is based on a misreading of federal law.
“We think that the AG’s stance is based on an outdated reading of federal law,” said hemp lobbyist Eapen Thampy. “AG Bailey has been very reasonable on this in the past, and we hope that we can fix this issue without further legal problems.”
The debate reflects a broader national tension between the hemp industry and public health advocates seeking tighter regulation of intoxicating products.
Cannabis attorney Rod Knight argues the AG misapplied both state and federal law. According to Knight, Missouri’s hemp statute only references Delta-9 THC, not THCA or “total THC” levels. He points out that while federal law requires testing for THCA before harvest, it does not require post-harvest products, like smokable hemp or flower sold in stores, to be measured by that same standard.
“The AG is relying on federal rules that apply to hemp growers, not retailers,” Knight wrote. “Once the crop is harvested and compliant, THCA is no longer part of the legal calculation.”
A Federal Court Backs States’ Authority
Last week, the 8th Circuit Court of Appeals, which covers Missouri, upheld Arkansas’s ban on Delta-8 products. A lower court had temporarily blocked the law after hemp companies argued that the 2018 Farm Bill protected their products from state interference.
But the appeals court disagreed, ruling that states do have the authority to regulate or prohibit intoxicating hemp products. The opinion affirmed that states can act to protect public health and safety through their own laws and are not bound by federal preemption claims.
It’s a clear signal: states don’t have to wait on Congress. They already have the power to act.
Legislative Inaction Leaves Families Exposed
Despite the growing crisis, Missouri’s 2025 legislative session ended with no new law.
Two bills had been on the table:
The Intoxicating Cannabinoid Control Act (ICCA) would have reclassified Delta-8 as marijuana, imposing age limits, safety testing, and taxes.
A competing bill proposed a separate regulatory framework for hemp-derived products, but with a $285 million price tag, and loopholes that still allowed underage sales in gas stations.
Neither bill passed. The ICCA reached the Senate floor but stalled amid concerns from some lawmakers.
The result? Missouri still remains in a regulatory vacuum, with families, schools, and local officials left to deal with the fallout.
Calls for Action Grow Louder
Rising political figures are also speaking out.
“I appreciate Attorney General Bailey’s leadership in protecting our children, but the Executive Branch can only do so much,” said State Senator David Gregory. “Now it’s time for lawmakers in Jefferson City to step up with commonsense, fair regulations. This is not a partisan issue, it’s about safeguarding public health.”
Gregory, someone who has been seen as a potential future Attorney General, echoes a sentiment felt by many in Missouri, especially parents: the time for legislative delay has passed.
What’s Next for Missouri?
Until the legislature acts, the burden of protecting kids from these products falls to city councils, prosecutors, and concerned parents.
The Delta-8 crisis in Missouri is more than a policy misstep. It’s a case study in what happens when federal loopholes meet state-level inaction. The consequences are real and they’re playing out in ERs, classrooms, and living rooms across the state.
With public pressure mounting, a federal court greenlighting state authority, and local leaders taking matters into their own hands, momentum is building. But the question remains:
Will Missouri’s lawmakers finally act, or will more families be left to navigate the fallout on their own?
The Unregulated Sale of Dangerous, Lab-Made Synthetic Drugs Masquerading as Natural, Safe Substances Hurts Americans and Fuels For-Profit Addiction Across the Country
WASHINGTON, D.C. — The Stop Gas Station Heroin coalition today applauded the U.S. Food and Drug Administration (FDA) for issuing a far-reaching and forceful warning letter to Hydroxie, LLC, a California-based seller of synthetic, high-potency, novel opioid drugs like “7” and “Pseudo,” which are deceptively marketed as dietary supplements and food items such as drink mixes. The Coalition praised the move as a critical step in addressing the explosion of Gas Station Heroin.
The proliferation of synthetic opioids “7”, “Pseudo,” and their analogues in the marketplace has been extensively researched by Dr. C. Michael White, Pharm.D. In his recent publication, Dr. White found many of these products are frequently sold as dietary supplements, featuring added flavors or scents, bright packaging, and labels with food pictures or cartoon mascots. As such, he concluded that these dangerous, unapproved new drugs would appeal to children.
“This warning letter marks a major turning point in the government’s fight to crack down on the escalating Gas Station Heroin crisis,” said Matthew Lowe, Executive Director of Stop Gas Station Heroin, echoing the warnings voiced by many scientific experts. “These lab-made, chemically altered substances are cleverly disguised to evade regulatory scrutiny and confuse consumers, all while imitating copycat snacks, knockoff prescription opioids, natural supplements, and other novelty products.”
“We are witnessing a turning point,” Lowe continued. “This action shows that these illegal businesses’ intentional misdirection has not been missed by the authorities and should result in a torrent of warnings to other 7 makers and beyond.” Gas Station Heroin refers to a range of lab-made, chemically altered substances including tianeptine, synthetic isolate alkaloids like 7-hydroxymitragynine (7-OH), high-concentration extracts, intoxicating hemp products, and nitrous oxide. These products or their precursors are lab-manufactured, primarily in China and India, and illegally imported into American communities through cash-based retailers operating under false pretenses as part of a coordinated, multi-billion-dollar syndicate. Despite being marketed as such, these are not dietary supplements, nor traditional botanicals. They are unapproved new drugs.
In its June 25, 2025, letter, the FDA pointed to the proliferation of products like “7” and “Pseudo” and outlined its concerns. Namely, despite being novel opioids for which the intended use is chronic pain and opioid use disorder treatment, they have not been approved as new drugs by the FDA, and the agency is receiving reports of adverse events.
“The FDA has now made it abundantly clear: Products like Hydroxie’s — which are made up of synthetically boosted and highly concentrated levels of 7-OH and other unknown chemical entities — are illegal,” Lowe said. “Natural botanical products have been used safely for centuries and have inherent consumer trust. We must put an end to the serial bad actors isolating single compounds from natural plants and chemically altering them in labs to create hyper-concentrated drugs that are poisoning consumers. In the case of products like Hydroxie, the result is unfettered access to an opioid that is 22 times more potent than morphine and available at smoke shops and independent convenience stores for $6 a pill.”
The FDA’s warning letter must be the first of many actions aimed at extinguishing Gas Station Heroin. Without continued enforcement, the same tactics used to disguise synthetic drugs as safe will continue to drive sales of other Gas Station Heroin products deceptively branded as legal, natural, and safe.
Smart regulation that distinguishes between legitimate, natural botanicals and dangerous, synthetic drugs, combined with enforcement of current federal laws around unapproved drugs, is the path forward.
That is how we can finally Stop Gas Station Heroin.
To learn more about Stop Gas Station Heroin and its mission, navigate to stopgasstationheroin.com.
“Stop Gas Station Heroin” Seeks to Shut Down the Unregulated Sale of Dangerous Lab-Made Synthetic Drugs Masquerading as Natural, Safe Substances
LOS ANGELES – Stop Gas Station Heroin, a national coalition, today launched a first-of-its-kind effort to educate consumers and advocate for funding to enforce protections around dangerous lab-made, chemically altered substances. Through its mission, the coalition intends to advocate against mislabeled, unregulated synthetic drugs that lack warning labels, quantity limits and prescription requirements.
“The fourth wave of the opioid epidemic is unfolding before our eyes with the explosion of intoxicating and dissociative derivatives that mimic the effects of scheduled drugs.
These dangerous lab-made synthetic drugs, packaged like candy and sold at convenience stores, are hurting kids and fueling for-profit addiction in communities across the country,” said Matthew Lowe, Executive Director of Stop Gas Station Heroin. “With Stop Gas Station Heroin, our mission is to shut down the unregulated sale of chemically engineered highs while protecting access to real, natural products with a long history of safe use.”
Despite being marketed as such, these are not dietary supplements, nor traditional botanicals. They are unapproved new drugs. They are lab-manufactured, primarily in China and India, and illegally imported into American communities through foreign national-owned retailers operating under false pretenses as part of a coordinated, multi-billion-dollar syndicate that exploits legal loopholes to drive and profit on addiction, evades regulatory scrutiny, and causes mass confusion amongst consumers between natural grown products and those created in a lab.
Federal officials are taking notice of synthetics, including U.S. Food and Drug Administration (FDA) Commissioner Marty Makary, who testified in the U.S. Senate on May 22. He stated that the FDA “have begun taking action against new challenges such as gas station heroin,” signaling an increased focus on this emerging threat.
Stop Gas Station Heroin is committed to consumer safety, regulatory compliance, and protecting American communities from foreign criminal enterprises. Blanket bans that lump legitimate botanicals with dangerous synthetics won’t solve this crisis—they’ll only punish law-abiding businesses and drive consumers to more dangerous alternatives.
Smart regulation that distinguishes between legitimate, natural botanicals and dangerous, synthetic drugs, combined with enforcement of current federal laws around unapproved drugs, is the path forward.
To learn more about Stop Gas Station Heroin and its mission, navigate to stopgasstationheroin.com.
“Gas Station Heroin” isn’t a nickname cooked up by news headlines. It’s the FDA’s own term for dangerous synthetic drugs now flooding American neighborhoods — substances like tianeptine, nitrous oxide, intoxicating hemp, and synthetic isolate alkaloids like 7 and Pseudo.
The point of sale? Not back alleys or the dark web, but your neighborhood gas station.
In a recent public health alert, FDA Commissioner Dr. Martin Makary warned that gas station heroin poses a “serious and continuing risk” to Americans, particularly young people. Bad actors are taking advantage of lax enforcement measures and crafty marketing tactics to sell gas station heroin products in plain sight in communities across the country.
They’re packaged as copycat snacks, supplements, and other novelty products. They’re marketed as natural mood boosters or high-potency natural alternatives to prescription drugs. But behind the false branding is a growing synthetic drug trade, one that’s already built an $8.5 billion retail ecosystem around unregulated highs.
This isn’t a new trend: Just like the rise of Spice and K2 in the early 2010s, today’s synthetic drug wave is fueled by a loosely organized network of smoke shops and convenience stores — mostly cash-heavy and tied to international supply chains. It’s the next evolution of the opioid crisis.
This is the playbook of the new-era drug empire, which imports synthetic substances and their base materials in bulk from China and India. It relies on retail partners, many of them foreign-owned, to move product and skirt regulation. It exploits regulatory blind spots and enforcement gaps, floods the market with chemically engineered highs, and walks away with billions of dollars in untaxed profits — all while regulators struggle to catch up.
One of the newest, most dangerous substances driving the gas station heroin crisis is 7, a synthesized drug that contains large amounts of 7-hydroxymitragynine (7OH), a by-product compound found in minuscule amounts in dried leaf kratom. These products call themselves kratom, but they have almost nothing in common with the natural botanical that has been consumed safely for centuries.
By isolating a single compound from a leaf and chemically altering it in labs — often using industrial chemicals like potassium permanganate, or “pool shock” — it becomes something else entirely: a drug up to 13 times more potent than morphine, sold for just $6 a pill, with none of the plant’s natural protections. Many of the same players behind 7 are also manufacturing tianeptine and intoxicating hemp products, revealing a broader pattern of dangerous and deceptive behavior.
People are being hurt: Experts have issued multiple warnings urging consumers to avoid these synthetic substances, citing reports of seizures, loss of consciousness, and even death.
Reddit users who have tried 7 describe it not as natural kratom, but as more akin to powerful opioids like oxycodone or hydrocodone. They express shock that it’s sold without restrictions at gas stations and smoke shops. The drug’s accessibility and susceptibility to misuse have also raised alarms.
Federal regulators have taken some steps to address this growing category of easily accessible, illicit substances. The FDA placed tianeptine on an import alert, issued warning letters, and urged retailers to pull dangerous products. But that has done little to curb the epidemic, since many of these drugs are still legal, still masquerading as natural supplements, and still ending up in kids’ backpacks.
The last opioid crisis started in pharmacies and pain clinics. This one is beginning in gas stations and smoke shops, with dangerous lab-made products disguised as safe natural substances. Enabling this epidemic is a permissive system that capitalizes on people who are largely unaware of what they’re consuming.
Lawmakers have a choice: They can wait until this problem escalates into another full-scale drug crisis, or they can act now.
That starts by drawing a clear line between nature and chemistry. Ban synthetic and semi-synthetic street drugs like 7 and Pseudo, tianeptine, nitrous oxide, and intoxicating hemp from the retail market. Cut off the foreign influenced supply chain that’s infiltrating our neighborhoods. And do it without criminalizing the natural plants many of these synthetics are imitating.
The kratom leaf isn’t the enemy. A 2024 FDA-supported clinical trial confirmed what many already suspected: The plant poses minimal risk. The same goes for true hemp and non-intoxicating CBD. These aren’t the substances flooding kids’ bloodstreams and overcrowding ERs.
The real danger emerges when plants are chemically manipulated, repackaged under misleading labels, and sold unchecked to maximize profits while endangering lives.
We know what happens when we wait. If lawmakers don’t intervene, we won’t just repeat the last crisis, we’ll enable the next. And this time, the pills will be cheaper, more addictive, and sitting right next to your Gatorade.
