CBD, Hemp, and the Farm Bill: Regulation Loopholes, Testing Gaps, and a NYC Snow Study

CBD gummies and other hemp-derived products containing trace THC have flourished on non-dispensary shelves due to the 2018 Farm Bill’s hemp provisions. This discussion unpacks how the law draws a line around hemp with low THC, how chemistry allows extracting THC from hemp to create unregulated products, and why states and a pending federal rule aim to close this loophole. Dr. Cinnamon Bidwell explains the regulatory reality and the need for solid evidence to inform safe consumer choices and responsible policy. In a separate segment, Flora Lichtman and Joe Hong test NYC snow banks to explore urban pollution markers and dog waste signals, highlighting how environmental snapshots reflect city life. The episode underscores calls for clearer, science-based cannabis regulation.

Hemp, cannabis, CBD and THC: understanding the regulatory landscape

The episode opens by explaining how hemp-derived CBD products sit on shelves that aren’t regulated like traditional cannabis products. Flora Lichtman and Cinnamon Bidwell describe the Farm Bill’s intent to separate hemp from marijuana based on very low THC levels, even though botanically they are the same species. The practical consequence is that some hemp products can be concentrated to form products with high THC content, while still nominally qualifying as hemp because of their origin in low-THC cannabis. This regulatory ambiguity creates a disconnect between the plant’s biology and the laws that govern its sale and labeling.

"the farm bill essentially draws a line for a certain type of cannabis with very low THC, which is the psychoactive component, gets to fall under the special regulatory umbrella" - Cinnamon Bidwell

The Farm Bill loophole: why hemp became a loophole for THC products

Bidwell notes that the Farm Bill allowed CBD or cannabis predominantly CBD to be regulated with more flexibility. But chemistry moves faster than regulation, enabling the extraction of THC from hemp-derived CBD to produce products that can intoxicate or deliver high-THC exposures without meeting the same state-dispenser testing or labeling standards. The discussion emphasizes the tension between botanical classification and chemical content, highlighting how form-based regulation can be exploited and why lawmakers are considering tighter federal controls to close these loopholes.

"patchwork legislation and patchwork regulation" - Cinnamon Bidwell

Testing, regulation, and research: patchwork policies and their consequences

The conversation moves to testing regimes, noting that THC testing is standard in THC-focused markets but not consistently applied to CBD products sold in non-dispensary channels. Bidwell explains that many hemp-derived products may not be tested or regulated to the same degree as licensed cannabis products, and some people have learned to concentrate hemp-derived CBD products to create potent THC products. The result is a regulatory landscape in flux, with risks to consumer safety and to researchers who rely on clear, consistent policies to study cannabis effects.

"having clearer regulations, by having more permanent and science-based policies, it's going to open the door for research" - Cinnamon Bidwell

From policy to practice: what scientists want in cannabis regulation

Next, the discussion centers on the need for a comprehensive regulatory framework that protects consumers while not stifling beneficial research. Bidwell argues for overarching regulations that treat all cannabis components consistently, rather than relying on botanical definitions that can precipitate loopholes. The interview touches on key research questions—how CBD affects sleep and pain, and what doses are effective or safe—emphasizing that clearer policies would enable high-quality human trials and a robust evidence base for consumers.

"clearer regulations... more permanent and science-based policies... open the door for research" - Cinnamon Bidwell

Dirty snow banks: a NYC experiment reveals urban pollution signals

The episode shifts to Joe Hong’s investigation of dirty snow banks in New York City. Three sampling sites were chosen to probe different urban environments: Williamsburg for its air pollution profile, Jackson Heights under an elevated subway line for lead paint debris and bird poop signatures, and Washington Heights where dog waste complaints were high. The team used a careful sampling protocol to avoid cross-contamination and collected snow from the top layer to represent what people encounter. The analysis revealed surprisingly high metal concentrations in some samples, such as lead and chromium, and Enterococcus in the Jackson Heights sample, suggesting urban pollutants and fecal contamination in city snow. This approach frames snow as a mirror of the city’s air, soil, and urban life.

"these snow banks are kind of holding up a mirror to our city's air quality" - Joe Hong

Implications for public health and future directions

The snow findings reinforce the broader message that urban environments carry everyday exposures that can affect health, particularly for children who play outdoors. The conversation notes that lead readings in snow are concerning because of potential ingestion by children; however, experts point out that city soil already contains lead, so snow can reveal preexisting conditions rather than introduce new hazards. The segment ends with a reminder that the cannabis policy debate and the snow study both center on protecting public health, ensuring safe products, and enabling rigorous research. The episode closes with a call for comprehensive, science-based cannabis regulation that respects the complexities of the plant while safeguarding consumers and researchers alike.

"snow banks are holding up a mirror to our city's air quality" - Joe Hong