Bipartisan Bill Regulating Potentially Dangerous Delta-8 THC Products Advances In New Jersey Senate

New Jersey Senate Law and Public Safety Committee advanced a bipartisan measure aiming to regulate the controversial delta-8 products that are widely sold across the state. The bill, S3944, sponsored by Senate Majority Leader M. Teresa Ruiz (D) and Senator Declan O’Scanlon (R) was first introduced in January.

“Delta-8 THC is an unregulated, psychoactive hemp-derived product that is being sold at gas stations, pharmacies, and bodegas across New Jersey,” Senator O’Scanlon said as reported Senate NJ. “It’s the bathtub gin of the cannabis space and it’s being sold to kids without any of the restrictions or product safety regulations required under New Jersey’s recreational adult-use cannabis law. Our bill addresses these concerns by subjecting Delta-8 THC to the same regulatory framework as other cannabis products in New Jersey.”

Delta-8 THC is a chemical component of the cannabis plant. Although delta-8 THC occurs naturally in very small concentrations, it can produce a mild psychoactive effect in some people similar to delta-9 THC. The new industrial methodologies allow for delta-8 THC to be converted from CBD derived from hemp. With the 2018 Farm Bill hemp (marijuana with only .3% delta 9 THC) became legal, which created a perfect gray area for those wanting to create “legal THC.”

The measure aims to clarify that modified, converted and synthetically derived intoxicating THC isomers, like delta-8 THC, represents THC under the state’s controlled and dangerous substance schedules. It further alters the definition of hemp and hemp products making sure that hemp and hemp products can’t contain more than .3 concentration of delta-THC by weight.

“Delta-8 products are being sold all over the state, in gas stations and corner stores, with absolutely no oversight,” said Senator Ruiz. “Despite having psycho-active properties similar to marijuana it is easily accessible and completely unregulated, posing a serious health risk to our communities. This legislation will make it clear that delta-8 has not been tested or endorsed as safe for public consumption.”

Is Delta-8 THC Dangerous? 

While the research on the effects and the potential dangers of delta-8 THC are lacking, to say the least, one thing is clear - products coming from the 2018 federal Farm Bill are not subject to the same testing requirements as cannabis.

Another important issue is that these products are widely accessible to minors, as they are being sold in the form of gummies in convenience stores.

Gloucester County resident Micheal Gillespie shared a story of his 14-year-old son who bought a legal cannabis product – in the form of gummies – which resulted in an 11-hour police search for him. After eating everything in the package, the boy became disoriented and passed out in the woods. When law enforcement found him, he seemed nearly lifeless and was taken to hospital. When he had finally recovered enough for a conversation with his family, he gave his father the wrapper of the "candy" he had purchased.

Gillespie was blown away to see that the package was designed to look exactly like the Trolli candy he used to buy for his kids when they were younger. "I was shocked that these products were allowed in local stores," Gillespie said. The label on the package had a delta-8 warning 

that the product should not be sold to minors, but apparently that didn't matter much.

Photo: Benzinga edit with images by Hannah Spray Photography and PNOIARSA on Shutterstock