“No medical card needed”: Federal loophole behind intoxicating hemp is closing

Regulations move fast in the cannabis industry. Jesse Worsk, the CEO of Black Bear Dispensary, starts each morning by checking Google Alerts to make sure his hemp business is still legal.  

Medical marijuana is a profitable business in Pennsylvania, with cumulative sales totaling more than $9.6 billion. Meanwhile, hemp-derived forms of intoxicating cannabis exist in a legal gray zone: widely available at vape shops, gas stations, and dedicated stores due to a loophole in the 2018 Farm Bill.

That's set to change Nov. 12, when a federal amendment will narrow the legal definition of hemp, putting hemp businesses into limbo.  

Black Bear Dispensary is a veteran-owned hemp retailer with locations in Meadville, Grove City, Clarion, Regent Square, and Bridgeville. It was founded by Worsk and his wife Carrie Worsk, who met when they were both working in Pennsylvania’s medical marijuana industry.

“After we started our relationship, we realized we wanted to start our own business,” Carrie said. “With Pennsylvania not really allowing any opportunities for small operators to get into the medical cannabis industry here, we looked at our options and hemp was really starting to become more common, especially with intoxicating hemp products.”

Cannabis sativa, the plant species from which both marijuana and hemp are produced, was federally illegal before 2018. The Farm Bill let farmers grow hemp, defined as containing less than 0.3% of Delta-9 THC on a dry weight basis. This definition allows hemp plants to be cultivated for high levels of chemicals like THCA, which converts to Delta-9 THC when heated by a lighter or vaping device.  

The new amendment going into effect limits hemp-derived products to less than 0.4 milligrams of total THC per container, which Carrie Worsk says will make hemp-derived products in their store illegal, even non-intoxicating CBD tinctures and pet products.  

“It’s the biggest thing giving me gray hairs in 2026,” Jesse Worsk said. “It’s not just us; it’s nearly 40 people employed by us who would lose their jobs.”

According to the U.S. Department of Agriculture, industrial hemp production reached $739 million in 2025, up 64% from the year before. Industry estimates put the market for hemp-derived cannabinoid product sales at more than $28 billion.  

In Pennsylvania, the intoxicating hemp industry emerged in a legal gray area, legal under federal law but illegal under state law.  

In a statement, Pennsylvania State Police said, “Pennsylvania’s Controlled Substances Act classifies THC, whether from ‘hemp’ or ‘marijuana’, as a controlled substance which cannot be legally sold. Individual District Attorneys have the discretion to determine whether criminal charges should be filed against businesses selling such products.”

Jack Weber, organizer of Pittsburgh’s Cannabis Fest, said he has cautioned smoke shops and hemp dispensaries about the upcoming change in federal law.  

“There’s not going to be a warning from the state police that they’re going to start enforcing it. Come that date, it’s not going to be a slap on the wrist; it could be drug trafficking charges,” he said.

He pointed out that the hemp loophole has created a lack of clarity about what’s legal for “the everyday person, who doesn’t understand the difference between a state-licensed dispensary and the smoke shop down the street that says ‘no medical card needed.’”

While Pennsylvania’s Medical Marijuana Program requires products to be tested at harvest and after final processing for potency and contaminants, hemp products are not similarly regulated.  

That lack of regulation marks a major difference between medical marijuana and hemp, according to Meredith Buettner, executive director of the Pennsylvania Cannabis Coalition, a trade organization representing Pennsylvania medical marijuana permit holders.  

“The hemp plant isn’t intoxicating, so that plant is converted most often chemically to produce an intoxicating product, and that chemical conversion is not accounted for in labeling and ingredients,” she said.

Chemical conversion is most often used to create intoxicating delta-8 THC from CBD, a non-intoxicating component of cannabis. The FDA released a public notification in 2022 about potential health impacts after receiving more than 100 reports of adverse events in patients who consumed delta-8 THC products.

“I do believe that there are a lot of bad actors that influenced this legislation to change because they are putting bad products out there,” said Carrie Worsk. “People that don’t know how to source products responsibly are ruining it for those of us that take extra steps to look out for our customers.”

Carrie Worsk said she and her husband Jesse use their experience in the medical marijuana industry to ensure that their products are tested.

“We’ve been advocating for regulations since we opened,” Jesse Worsk said. He would like to see sales of intoxicating products limited to adults 21 and over, a rule Black Bear Dispensary already holds their customers to.

Although intoxicating hemp is soon scheduled to become illegal federally, business owners say they have reasons to hold out hope for regulations instead of a full ban.  

The White House recently asked Congress to update the definition of hemp-derived cannabinoid products to allow Americans to continue consuming full-spectrum CBD products. Lawmakers introduced a bill to establish a clear framework for hemp and hemp-derived THC products instead of banning the industry outright.  

In Pennsylvania, various forms of cannabis regulation or legalization have been proposed. Advocates for legalization point to potential tax revenue from legalization. Governor Shapiro’s proposed 2026-27 budget estimated $729 million in first-year tax revenue from cannabis legalization. Meanwhile, opponents raise concerns about public health and safety.

Last year, the Senate Law and Justice Committee rejected a bill to create state-run cannabis stores under the Pennsylvania Liquor Control Board. This summer, a bipartisan bill to create a dedicated Cannabis Control Board was defeated on final passage.  

Currently, the Department of Agriculture oversees hemp planting and processing, while the Department of Health administers Pennsylvania’s Medical Marijuana Program.  

Jake Sitler, president of the Pennsylvania Hemp and Cannabis Guild, advocates for the industry to be regulated by the Department of Agriculture since he considers cannabis a primarily agricultural product, whether grown as marijuana or hemp.  

“We need a safe way to regulate this,” Sitler said. “There’s federally legally compliant businesses that have been operating for years, and if they suddenly become criminals, that’s so un-American.”

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‍Riona Duncan is a 2026 summer intern for the Pittsburgh Media Partnership newsroom. She is a senior at Carnegie Mellon University where she is studying English and environmental studies. She is also the general manager of WRCT, Carnegie Mellon's radio station, where she has won two Golden Quill awards for audio features. Last summer, she was a newsroom intern at 90.5 WESA.

‍The PMP Newsroom is a regional news service that focuses on government and enterprise reporting in southwestern Pennsylvania. Find out more information on foundation and corporate funders here.

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Header image: Jesse and Carrie Worsk of Black Bear Dispensary. Photo provided by Carrie Worsk.