The same loophole is used to sell THC products in stores here, but any plant material used is usually hemp.
There also used to (there still might be) be guys selling fake weed (as in no high) products to tourists on Broadway downtown where the "loophole" was that the product wasn't illegal and they only gave you an implication of what it was. As in it was the equivalent of a guy walking up to you to sell a bag of ground up leaves he says will blow your mind and it's just basil.
There are solvent extracts and there are CO2 extracts. State testing regulations in other states tests for solvents: the -anes; propane, butane, hexane,.
Some fire extinguishers are tanks of CO2.
Compared to a double-boiler reduction with flammable alcohol and oil on a stove,
quality-controlled extracts are in the interest of public safety.
There are much safer desktop infusion units with electronic temperature control, and then an ISO factory might have more consistent doses than sketch gummies.
I don't think the sky is falling due to the lesser-regulated hemp consumable products. Quality control and banking would probably further reduce the cost to society.
If the 'sin tax' on recreational isn't enough, then raise it to pay for substance abuse treatment and prevention.
Practically, retail strain availability differs in states with only Farm Bill hemp products, in that the strains being selected for by the regulation don't have same or sufficient levels of the unscheduled cannabinoids which may also be as or more therapeutic than the terpene essential oils in fresh flower without preservative.
There also used to (there still might be) be guys selling fake weed (as in no high) products to tourists on Broadway downtown where the "loophole" was that the product wasn't illegal and they only gave you an implication of what it was. As in it was the equivalent of a guy walking up to you to sell a bag of ground up leaves he says will blow your mind and it's just basil.