Delta-8 THC : an unclear legal framework

A couple of weeks ago, Cannadaily was introducing you to the new trendy product of the cannabis market : Delta-8 tetrahydrocannabinol, also called Delta-8 THC. In the past few months, the sales of Delta-8 THC have exploded in the U.S market, becoming the fastest growing segment of hemp-derived products.

Despite the massive success of this product, companies have been finding it hard to know whether the substance is actually legal or not. The legality of Delta-8 THC remains unclear in the US and even more in Europe.

Why is the substance a source of so much debate? Well, Delta-8 THC is not present in sufficient concentrations in most hemp strains to make its extraction financially viable. Most of the Delta-8 THC products on the market are derived from the chemical conversion of hemp-derived cannabidiol, also called CBD. This aspect creates a lot of confusion for companies as all synthetically derived tetrahydrocannabinols are considered to be controlled substances.

This legal loophole creates a lot of troubles in the cannabis market.

First and foremost, the lack of uncertainty around the substance costs big cannabis companies who wish to manufacture, sell and market Delta-8 THC products. Out of fear from legal consequences and without having a thorough understanding of the relevant regulations, companies simply choose not to sell the substance to their customer.

Secondly, since Delta-8 THC is not being regulated, the quality of the products currently sold on the market is not being tested nor controlled. Most of the Delta-8 THC products are sold by small companies or by individuals in private houses under doubtful private labels. There is currently no place to verify that the substance is safe nor pure.

Thirdly, even though Delta-8 THC comes from hemp-derived cannabidiol, the substance involves psychoactive effects on its users. It is therefore essential for governments to create a proper legal framework to guarantee the safety of Delta-8 THC users.

Consequently, until this uncertainty is addressed by the EU and the DEA in the US, any companies who are interested in venturing into this market should take into account the potential risks associated with selling this popular substance.

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