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Crackdown on Delta-8 THC Products Continues Across States

All strains / Cannabis / How to choose / THC / September 1, 2021

AS legislation around cannabis continues to gain attention across the nation, there is a compound found in hemp with similar effects to Delta-9 that hasn’t been touched by regulators. That compound is Delta-8 THC. Because Delta-8 is found in hemp, it falls into the CBD category of cannabinoids. Thus, it hasn’t faced the same scrutiny that Cannabis’ psychoactive compounds have.

A Bit Of Background On Delta-8 THC

For those who are not aware, there has been a way to circumvent cannabis laws across the country that either regulate or prohibit cannabis and products that feature its active compound, THC. In formal scientific spheres, THC is known as Delta-9 THC.

Delta-8 THC is a compound that forms in hemp. While it does appear in small amounts, it has very similar effects to Delta-9 THC. This has earned its popularity among cannabis consumers that has, until recently, flow under the radar.

Today, states are locking down this form of THC that has skirted legislation to emerge for sale in smoke shops across the country, unabated and largely unregulated.

While there is a process to extract naturally formed Delta-8 THC from hemp, other processes are available by which processors can synthetically form the compound with the addition of certain chemicals.

By synthesizing Delta-8 THC with the latter method, the substance can include unwanted contaminants, like heavy metals and pesticides that the plant absorbs from the spoil as it grows. As the science surrounding these processes becomes clearer to regulators, the decision to clamp down on Delta-8 THC products is an easy one.

Michigan Regulates Delta-8

Michigan’s Democratic Governor Gretchen Whitmer signed legislation last week that regulates Delta-8 products.

The law will come into effect October 11, 2021, and prohibit Delta-8 THC products from being purchased through retailers without a license from the state’s Marijuana Regulatory Agency (MRA).

In a written statement, Gov. Whitmer said, “This package of bills continues to show Michigan is the model for the nation in regard to protecting its residents and making sure that those who consume marijuana products do so in a safe manner. I am glad to see Michigan continuing to lead on the implementation and regulation of a safe, secure marijuana industry, which has already brought tens of millions of dollars in new tax revenue to the state, as well as thousands of well-paying jobs.”

Currently, Delta-8 is so widely sold and unregulated, products containing it can be purchased at gas stations, convenience stores, and other general retail locations.

Earlier this year, Wayne State University’s Michigan Poison center issued a warning Delta-8 THC, it’s mislabeling as a CBD product, and lack of regulation around the substances as a risk to public health. The organization described the Delta-8 THC market as a “rapidly expanding crisis” that “presents a public health risk of potentially wider impact than the vape crisis.”

The Empire State Bans Delta-8

While it is far from the first state to do so, New York recently levied a ban on Delta-8 THC products in the state. There are a dozen other states that have passed laws prohibiting the sale of Delta-8 THC products.

“The writing was on the wall early,” said Hempire State Growers in-house counsel Jason Minard, “While a legal loophole certainly does exist under the 2018 Farm Bill, it was clear to me that that bill never intended to legalize a psychoactive substance. The DEA clarified this position and ultimately the power is vested in the states to ban the product, just as New York did.”

The ban comes with mounting health concerns from medical professionals and regulators. On the other hand, consumers and businesses are pushing back on the decision. However, there are those involved in the cannabis industry in New York that agree the change needs to take place until the substance can be tested, regulated, and ensured safe for consumption.

Joy Beckerman, the founder of Hemp Ace International, agreed with the decision, stating, “These people who are stomping their feet and saying, ‘This should be legal and [it’s not good] that they’re taking this away!’ do not have a sophisticated command of the code of federal regulations. If they did, they would realize how ridiculous they sound.”

Stacia Woodcock, a pharmacist at cannabis business Curaleaf, elaborated on the inherent dangers of unregulated cannabis and hemp products intended for ingestion, saying “because it’s a plant product, [cannabis] can have molds, funguses, things that naturally grow on plants that could be really unsafe, particularly for people who are immunocompromised or if they’re undergoing cancer treatment. There are certain patient populations that could be much more at risk, but even the general public, you don’t want to be inhaling fungus into your lungs.”

Cannabis, while legal in New York and other states throughout the United States, remains highly regulated for safety and quality assurance. This includes rigorous testing and analysis at just about every level of production and processing. At this time, there is no such framework in place to ensure Delta-8 products are safe.

Beckerman added to her statement that, “This doesn’t really belong in the world of hemp right now; it belongs in a dispensary, or at the very least in a licensed adult-use or medical cannabis framework. But not in the hemp framework, due to all of these concerns. It is very damaging to our already strained relationship with the adult-use and medical cannabis stakeholders.”

Delta-8 THC products remain a top-selling item for many retailers across the country. As more legislative changes come into effect to wrangle in this “wild west” approach to inebriation and medication, those retailers who have come to rely on Delta-8 products will find their bottom-line severely impacted.

One New York CBD retailer, Matt Tallarico, gave his thoughts on the matter in a recent interview with The River. In it, Tallarico confirmed, “We’re getting questions all the time like, ‘When are you guys going to be out? When are you guys not going to be able to sell it, because I want to make sure I’m buying enough. I think people are pretty bummed that it’s going off the market. It will affect us—that’s our top seller and we will certainly lose revenue from it as a small business. We feel that very much. But I kind of understand many different perspectives here.”

 

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