And the story continues with the famous Delta-8 THC! A couple of weeks ago, Cannadaily was informing you about the legal loop around Delta-8 THC. Well, for the past weeks, more and more states have been responding to the uncertainty by rolling out total bans to limit market access or setting potency limits on products containing delta-8 THC.
“Do not produce or sell delta-8 products without a permit to produce or sell THC as a controlled substance,” said Marielle Weintraub, president of the U.S. Hemp Authority, a third-party product certification body.
“The correct path for the legal production and sale of delta-8 products is through a state-licensed adult recreational or medical marijuana operator.” she added.
“Hemp companies not doing this are risking their brand and business future, sanctions from FDA, FTC, USDA and EPA and possible enforcement actions from DEA and state law enforcement and regulators.” she concluded.
As explained in our last article, the legal status of delta-8 THC is confusing due to conflicting regulations.
Advocates of Delta-8 THC argue that the 2018 Farm Bill states all hemp-derived cannabinoids fall within the definition of hemp, which is a legal crop and no longer a controlled substance.
However, the U.S. Drug Enforcement Administration issued an interim final rule in late 2020 declaring: “All synthetically derived (THC) remain Schedule I controlled substances.
Delta-8 THC is manufactured from hemp-derived CBD, meaning not extracted directly from the hemp plant. It is therefore a controlled substance under law, according to the DEA.
“From a chemist’s perspective, it is clear that the isomerization of CBD to delta-8 THC with a catalyst is a chemical process,” said Erik Paulson, lab manager at Infinite Chemical Analysis Labs, a cannabis testing laboratory. “Any product of a chemical reaction like this one is, by definition, a synthetic chemical.”
Already 11 states decided to ban delta-8 THC, including Alaska, Arkansas, Arizona, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island and Utah.
