This is a perfect example of the opportunity for federalism. Any state could —and many did— close the loophole. You mentioned emergency regulation from the Texas governor. New recreational substances are discovered and introduced to market continuously. States can use their legislative authority to address them. Delta-9, Spice, and other delta-8 THC analogues have been successfully addressed by states.
The side effects of this provision make hemp plants in the ground illegal, according to Senator Paul. It is reasonable for the public to be outraged about a hastily-written amendment whose authors failed to understand the unintended consequences.
But I’m not aware of many (any?) states that chose to close the loophole with a ban. Most, even ruby red Texas, just passed a state regulatory regime that included testing and taxation, as well as a 21 year old cutoff for buyers.
The side effects of this provision make hemp plants in the ground illegal, according to Senator Paul. It is reasonable for the public to be outraged about a hastily-written amendment whose authors failed to understand the unintended consequences.