United States: Ten states ban delta-8-THC

Delta-8-THC had been all the rage for the past few months across the United States. It will no longer be legal to sell it in eleven states—and perhaps more soon. Alaska, Arkansas, Arizona, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah have banned delta-8-THC. This a cannabinoid present in small amounts in the plant, halfway between THC and CBD, benefited from a lack of regulation to grow.

After the Farm Bill in 2018, hemp becomes 100 %, which is legal in the United States, just like its extracts, such as CBD. But some choose to go a step further and isolate delta-8-THC from cannabidiol. Since U.S. law permits hemp extracts, some companies consider delta-8-THC to be one of them. And even though the DEA, the Drug Enforcement Administration, disputes this reasoning, the damage is done.

Three years later, recess is finally over. «This is a public health crisis", ", says Bob Morgan, a Democratic state representative from Illinois, with concern. »Thousands of people are buying products labeled as CBD or delta-8 without being sure of their content. They aren't tested, they aren't safe, and some contain heavy metals, chemicals, and pesticides." The contents aren't very appealing, likely due to the manufacturing process: a chemical reaction with acid.

«Lab tests» soon to be mandatory?

In addition to the eleven states that have completely banned this substance, about ten others are currently trying to regulate it. This is the case in Illinois, where Representative Bob Morgan is trying to get his bill passed House Bill 147. It provides that no person «may not create or sell a product containing cannabinoids unless the cannabinoid in question has been labeled, packaged, and laboratory-tested.". »So far, the bill has been passed by the Illois House of Representatives. The Senate began its first reading last month.".

In Oregon, one of the first states to legalize cannabis in 2015, lawmakers want to give themselves more time. The House Bill 3000 provides for limiting the concentration of synthetically produced cannabinoids, such as delta-8. The bill also calls for the creation of a special committee. The committee will be tasked with determining whether new cannabis-based products could find a place in the legal market.

The hemp industry, meanwhile, is divided. Some blame the U.S. authorities, such as Josh Schneider, a hemp farmer from California. «To me, delta-8 is the market's response to the Food and Drug Administration's inaction." [the U.S. regulator]», he told Hemp Industry Daily.

For others, this controversial substance was clearly legal—and also a good source of supplemental income. In Oregon, Rick Trojan fears that the regulation of delta-8 «kills the hemp industry in a single day.» The president of that state’s Hemp Industry Association adds that «It makes no sense to include a legal substance, such as hemp, on the list of prohibited substances.» and that the control system will «add unnecessary standards» for hemp farmers.