Hemp Industry Association urges regulation instead of ban on Delta-8 THC
In the past year, my colleagues and I have written a lot of articles about the obscure legality of Delta-8 Tetrahydrocannabinol (THC). We cover everything from the DEA’s stance on “synthetic-derived THC” to more and more state bans. You can read more about these issues here:
Today, we turn to the Hemp Industry Association ( Hello there) A recent public statement in which a non-profit organization expressed support for controversial cannabinoids.
The HIA statement is important because it deviates from the position of many other cannabis organizations on Delta-8 THC.So far, most cannabis advocacy groups that have spoken on this matter include U.S. Cannabis Roundtable, Has kept a distance from Delta-8 THC, which is produced through isomerization, a chemical reaction that combines hemp-derived CBD with solvents, acids, and heat. This group of cannabis stakeholders are concerned that this chemically produced substance may be disruptive for many years, persuading legislators to believe that cannabis is a safe, non-toxic, and versatile commodity, providing a wide range of business opportunities for farmers, manufacturers, distributors, and retailers s hard work.
Indeed, most Delta-8 THC sold in the United States is basically unregulated, easily obtained by minors, and coveted because of its mental effects. For these reasons, it is easy to see how controversial cannabinoids can further stigmatize and bring down the industry before they have a chance to demonstrate the plant’s full potential.
Although HIA’s position is different from other cannabis organizations, this is not surprising given the organization’s record of defending the interests of the cannabis industry. Since 1994, HIA has filed four lawsuits, two of which were filed in the fall of 2020, of which HIA challenge The legality of DEA’s controversial provisional final rule, which threatens to a certain extent the booming Delta-8 THC industry, it widely stated “[a]All synthetically derived THC are still Schedule I controlled substances. “This language is the source of legal uncertainty surrounding Delta-8 THC. DEA has not yet clarified whether it really takes a position that the conversion of hemp-derived CBD to Delta-8 THC makes the substance “synthetic-derived” THC.
- Delta-8 THC derived from marijuana is federally legal.
- The 2018 Farm Bill defines “hemp” as including the whole plant and its cannabinoids and derivatives, with a total THC content of no more than 0.3%. In addition, federal law clearly removes “marijuana” from the definition of cannabis under the Federal Controlled Substances Act (CSA). Therefore, even though most Delta-8 THC found on the US market is obtained through the isomerization of hemp-derived CBD, the substance is “cannabis” because it is a derivative of hemp derivatives.
- Although Delta-8 THC has psychoactive effects, and the question of whether it is a “synthetic” still exists, Delta-8 THC should not be regarded as a controlled substance because it is similar to Delta-9 in terms of structure and psychoactivity. THC has no substantially similar effect.
- Even if Delta-8 THC meets the conditions of “synthetic derivative THC”, the substance is not a controlled substance, because the 2018 Farm Act defines “hemp” as including its “derivatives”. According to the definition, “derivatives” are “synthetic derivatives”. of”.
- According to the legal theory of the “special law”, Delta-8 THC is not a controlled substance, because the 2018 Farm Bill is more specific than the CSA because, compared with the CSA, it explicitly removes “hemp” from the CSA, which generally refers to Is “THC”. Therefore, the 2018 Farm Act takes precedence over CSA’s opposite general provisions.
Side note: Although it seems reasonable, the legal arguments put forward by HIA are purely theoretical because they have not yet been tested in court.
- The regulatory framework is essential to ensure consumer public safety.
- Although more scientific research is needed, history shows that the consumption of natural cannabinoids has been safe for thousands of years.
- HIA advocates the supervision of the production of these products and emphasizes consumer safety based on science.
- HIA invites industry leaders to adopt high quality and testing standards, and market these products through transparent and accurate labels to build consumer confidence and expand the market.
- The ban further exacerbates the threat to consumer safety in unregulated markets. HIA calls on state lawmakers to avoid invalid bans and instead support cooperation with cannabis industry experts to develop cannabis policies that safely open markets, promote innovation, stimulate investment, and create jobs.
Therefore, although on the surface HIA’s position is different from other well-known industry organizations, it essentially advocates the same thing: safe, regulated products will provide huge financial opportunities for the cannabis industry.