Colorado And New York Join Other States Banning Hemp Based Delta-8 THC

New York and Colorado joined several states that have already banned delta-8 THC made from hemp, reported Merry Jane. 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. 

The new industrial methodologies allow for delta-8 THC to be converted from CBD.

Some people are asking: what’s the problem with delta-8 THC in states, such as Colorado and New York that already have legalized recreational cannabis?

According to a notice released last week by the Colorado Marijuana Enforcement Division (MED), “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product.’ This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other tetrahydrocannabinol isomers or functional analogs.”

New York state permits the legal production and sale of hemp, though its products are not allowed to be advertised for smoking. Some producers have created smokable hemp that apparently can get one high, reported Mary Jane.

David Threlfall, a CBD producer based in Colorado, told Westword in April that he had feeling delta-8's unregulated days were numbered.  

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“Let's face it: You can get high from delta-8, so it's only a matter of time before they start regulating it, once [the federal government] figures it out.”

In 2020, the U.S. Drug Enforcement Administration (DEA) argued that delta-8, like delta-9, is federally illegal and slipped it onto its list of controlled substances. Nevertheless, delta-8 THC is not specifically listed in the U.S. Controlled Substances Act.

“Additionally, after the passage of the 2018 Farm Bill, the Controlled Substances Act exempted ‘tetrahydrocannabinol in hemp,’ which led some producers to assume delta-8 was legal until Congress passed a new law listing it as an illegal drug.“

States that have already banned delta-8 THC also include Oregon, Utah, and Washington, while Michigan and Alabama are considering doing the same.

Cannabis advocates argue that these moves make little sense since delta-8 THC is far less intoxicating than delta-9, which is legal in some of these states. On the other hand, delta-9 is not artificially processed from hemp CBD.

Photo by Benjamin Brunner on Unsplash