Federal Legality of Hemp-Derived Delta 8 and 9 and Which States Have Banned It
The 2018 Farm Bill legalized “hemp,” defining it as the cannabis sativa L. plant and its derivatives with no more than 0.3% delta-9 THC (the primary psychoactive compound in cannabis) on a dry weight basis.
However, the Farm Bill did not explicitly address hemp-derived consumer products.
As a result, products containing delta-9 THC derived from federally legal hemp have become widely available.
A recent court case clarified that intoxicating delta-8 THC products are not illegal substances under the Controlled Substance Act as long as they are derived from federally legal hemp. This reasoning could also apply to delta-9 THC products.
Federal regulators are divided on how to handle intoxicating delta-9 products derived from hemp. The FDA considers cannabinoids added to food or beverages as adulterants but has limited enforcement actions against companies making medical claims. The DEA views synthetically created cannabinoids as violating the Controlled Substances Act1.
State Bans on Delta-8 THC
Delta-8 THC has already provoked bans in several states, including Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah2.
However, the regulatory landscape for delta-9 THC products varies significantly from state to state.
The patchwork of State Regulations for Hemp-Derived Delta-9 THC
States have taken different approaches to regulating hemp-derived delta-9 THC products.
Some states have implemented bans, while others allow these products to be sold without significant restrictions.
It’s essential to check the specific regulations in each state to understand where hemp-derived THC products are legal or prohibited. Still, regardless of their legal stand, these products are harmful to adolescents and need to be strictly controlled if they are not banned.
Predictions for the Future
Given the popularity and profitability of hemp-derived THC products, including delta-9 THC, we can expect ongoing discussions and potential changes in regulations. Follow the money, and you will see why some states continue to argue for the legal sale of these products. If Delta 8 & 9 are banned, products will likely be labeled as containing Delta 10, so education about the risks is paramount as the industry stays ahead of regulation.
Congress may address the regulation of cannabinoids more comprehensively in future legislation. We will keep you updated with new information. Please get in touch with your state's legislation to help protect our children from these products marketed to benefit big business.
