Tag: delta-8

  • Hemp Industry Group Supports Legality of Delta-8

    Hemp Industry Group Supports Legality of Delta-8

    The Hemp Industries Association (HIA) announced support for the legal position that Delta-8 THC, along with all other hemp-derived cannabinoids, were federally legalized by the 2018 Farm Bill. The group cites a legal opinion drafted by attorneys Rod Kight and Philip Snow of Kight Law.

    Man smoking marijuana joint
    Credit: Elsa Olofsson

    “It is clear that the 2018 Farm Bill, which removed hemp from the Controlled Substances Registry, directed that hemp be regulated as an agricultural product, and defined hemp to include its cannabinoids and all tetrahydrocannabinols from hemp, is the governing law for the hemp industry,” the HIA states in a release. “History has shown that natural cannabinoid consumption does not present public health and safety risks like those from alcohol and tobacco, but researchers have only begun to explore the full range of potential hemp-extracted compounds and their various properties. What is needed is a regulatory framework for their production that prioritizes consumer safety while being grounded in science.”

    The HIA states that prohibition is a failed concept. It only exacerbates the threat to consumers created by unregulated markets, and is antithetical to the spirit of free enterprise. The HIA wants state lawmakers to eschew ineffective bans in favor of partnering with the hemp industry to craft hemp policy that safely opens markets, fosters innovation, spurs investment, and creates valuable jobs.

    The HIA calls on industry leaders to build consumer confidence and expand the market for hemp cannabinoids by adopting the highest quality and potency testing standards for Delta-8 THC and similar minor cannabinoids, by marketing those products responsibly through use of transparent and detailed labeling, including potency data and warnings against consumption by minors.

    “Businesses, farmers, and consumers all deserve regulations that support the exploration of the hemp plant’s full potential. This isn’t just about one minor cannabinoid —the list is over a hundred already and growing,” said Jody McGinness, HIA’s Executive Director “Fortunately, the industry has all the expertise legislators could need, and those manufacturing leaders and scientists are engaged and ready to help create productive policy solutions.”

    The HIA’s Cannabinoids Council, a newly-formed member body focused on national priorities distinct to the cannabinoids sector of the hemp industry, has identified safe market expansion as a core focus for its early efforts. The stance on Delta-8 THC and other hemp-derived cannabinoids is in line with the HIA’s history of vigorously defending the legality of all hemp products, and supporting the growth of industries utilizing all parts of the hemp plant, according to the release.

    The group, a trade association composed primarily of businesses and farms in the hemp industry, is currently engaged in two lawsuits in response to the DEA’s Interim Final Rule on the 2018 Farm Bill that was issued in August of 2020, creating a threat to extractors and manufacturers of hemp cannabinoids. This is the fourth time the association has gone to court to protect hemp since forming in 1994.

  • Georgia Cops Cracking Down on Delta-8 Sales

    Georgia Cops Cracking Down on Delta-8 Sales

    A central Georgia vape shop is the latest business to be raided by authorities in relation to the sale of delta-8 THC products . Two store employees were charged as part of the crackdown. The proliferation of delta-8-THC products being sold outside dispensaries has prompted a patchwork of enforcement reactions and crackdowns in states with varied policies on cannabis, from South Carolina to Oregon.

    Credit: Fotokitas

    The Newnan Times-Herald reports that Coweta County authorities were tipped off that the store called Tobacco & Vapor was illegally selling THC products. An undercover officer bought gummies from the store that failed THC testing. A search warrant was later executed and authorities seized 554 suspected delta-8-THC edibles and 616 suspected delta-8-THC products other than edibles.

    Two of the store’s employees were charged with drug crimes including narcotics possession. Delta-8-THC is a molecule that exists rarely in the cannabis plant but can be easily synthesized from cannabinoids extracted from legal hemp, prompting confusion over its legality. Delta-8 is not specifically banned in Georgia. Delta-8 will also provide a positive result in testing as current tests used by law enforcement cannot differentiate between delta-8-THC and delta-9-THC (which is illegal federally and in Georgia).

    While hemp itself is federally legal (at or less than 0.3 percent THC), each state has different laws and restrictions regarding byproducts derived from hemp, including Delta-8. No products containing Delta-8 have been tested by the U.S. Food and Drug Administration or are FDA-approved. The 2018 Farm Bill, which legalized hemp and its byproducts, explicitly excluded delta-9-THC, also known as simply THC, the compound that produces the typical marijuana “high.” But because of the bill’s loophole, delta-8 seemingly remains legal.

    Twelve states have completely banned delta-8 sales specifically. Those states include Alaska, Arkansas, Arizona, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island and Utah. New York has a proposed rule to ban Delta-8 products, which is under a comment period until July 19. California, Oregon, Vermont and Washington are in the process of enacting regulations for delta-8 products. Several other states are also considering bans. Florida’s language concerning delta-8, however, allows for the legal sale of delta-8 in that state.

    In order to prosecute a business or individual for selling or possessing delta-8 products, the government has to prove that you knowingly possessed or distributed a schedule I controlled substance, specifically THC or marijuana. Georgia officials have been cracking down on delta-8 sales over the last year. In May, local law enforcement in the metro-Atlanta area executed search warrants at several stores and a warehouse belonging to a small business owner who operates a chain of vape shops. Police seized several products that allegedly contain delta-8.

  • New York Latest State to Ban Delta-8 Products

    New York Latest State to Ban Delta-8 Products

    New York state has joined a growing number of U.S. states that have expressly prohibited delta-8 THC and other THC isomers derived from hemp. However, lawmakers in the Empire State did make several small concessions to hemp producers, including a modification to limits on smokable hemp and removing a requirement that all cannabinoids over 0.05 percent THC be listed on product labels.

    The delta-8 THC ban is part of the state’s revised regulations for hemp products. The new rules state that hemp cannabinoid products may “not contain synthetic cannabinoids, or cannabinoids created through isomerization, including [delta] 8-tetrahydrocannabinol and [delta] 10-tetrahydrocannabinol.”

    New York has also placed a ban on hemp prerolls, cigarettes and any “flower product labeled or advertised for the purpose of smoking.” But the state health department says it will allow the sale of hemp flower, so long as the flower is not branded as an item for smoking, according to Hemp Industry Daily.

    Hemp vapes are legal for customers over 21 and must carry “a warning stating that smoking or vaporizing is hazardous to your health.”

    At least six states have considered or are currently updating their laws to specifically govern delta-8 THC, joining at least 11 that already have laws on the books addressing the minor cannabinoid, which can produce psychoactive effects in some people, although they are considered to be less potent than the delta 9-THC common in marijuana.

    The labeling requirement remains in place for CBD and THC amounts in a product, just not for all cannabinoids in a product. The New York updates come six weeks after Gov. Andrew Cuomo signed a law making a first-in-the-nation attempt to regulate hemp operators working with flower and cannabinoid products the same way the state oversees marijuana operators, designating a new category for “cannabinoid hemp” that will be governed by a new Office of Cannabis Management.

    New York’s health department told hemp and marijuana operators that it won’t require track-and-trace systems for hemp products, as some marijuana operators have requested. “Unlike medical marijuana and adult–use cannabis markets, cannabinoid hemp products can enter interstate commerce and it would be impractical to impose a state level seed–to–sale requirement on an industry not limited to intrastate,” regulators wrote. The state legalized recreational marijuana earlier this year.

    Michelle Bodian, a cannabis attorney with the Vicente Sederberg firm in New York City, said that the state has the “potential to set a model for the rest of the country in regulating consumable hemp products.” But she added that the U.S. Food and Drug Administration needs to implement a single set of health-and-safety regulations. “Until there are national standards from FDA concerning cannabinoid hemp products, it continues to be very difficult and impractical for businesses to comply with these very specific state testing and labeling requirements, let alone all the other unique requirements.”