Delta-8 THC products will be available only in Oregon’s licensed recreational cannabis outlets after a state law passed last year that placed the CBD-derived compound under the same regulations that cover legal marijuana.
The law, which becomes effective this Friday, July 1, makes Oregon the first state in the U.S. to order the removal of synthetic cannabinoids from grocery stores and other retail outlets. Delta-8 products include vape liquids, tinctures and extracts, gummies, candies, cookies, and drinks.
Lesser known than delta-9 THC, most commonly derived from marijuana plants, delta-8 THC naturally occurs in cannabis but only in trace amounts. But producers have been turning out products with higher concentrations of delta-8 THC, which purportedly gives a milder “high,” by putting hemp-derived CBD through a synthetic process.
Oregon regulators say they’re restricting the sale of the products – widely available on the grey market – over concerns about the chemicals used in production. In addition to putting delta-8 under the control of the Oregon Liquor Control Commission (OLCC) as an “adult-use cannabinoid,” the law that comes into effect this week establishes specific standards to prevent minors from purchasing delta-8 products.
Looking for rules
The federal government and states throughout the U.S. have been grappling with laws and regulations for delta-8 THC. Some, like Oregon, treat it the same as delta-9 products, while others have banned or are considering bans.
Delta-8 THC is unregulated by the U.S. Drug Enforcement Administration and has, therefore, fallen into a legal grey area.
The U.S. Court of Appeals for the Ninth Circuit last month ruled in a California case that hemp-derived delta-8 THC is legal under the 2018 Farm Bill. The appeals court found that the Farm Bill’s definition of legal hemp expressly applies to all downstream products so long as they do not cross the 0.3% delta-9 THC federal limit.
Regulators and even some hemp stakeholders have called that interpretation of the Farm Bill too literal, suggesting the measure, which legalized hemp federally, never intended it to be used for products that can be classified as psychoactive, and because delta-8 THC is not derived from the hemp plant in a natural manner.
Quality questions
Florida officials issued warnings last year regarding delta-8 THC and other industrial hemp products from Oregon. The Florida Department of Agriculture and Consumer Services said the warnings went out after the agency received queries and complaints about the products.
Also, the Centers for Disease Control reported last year that more than 100 delta-8 exposures nationwide required hospitalization over a six-month period.
Producers have also been cited by the U.S. Food and Drug Administration (FDA) for questionable claims that delta-8 products treat or alleviate the side effects related to a wide variety of diseases or medical disorders and because some producers’ packaging may appeal to children. In May, the FDA warned five companies about such claims, saying the marketing practices were illegal.
CBD producers have aggressively been pushing the hemp-derived compound as a delta-8 THC source, especially in light of a continuing glut in the CBD hemp biomass market. With prices for biomass and downstream CBD products such as isolates and extracts a mere fraction of what they were at the height of the CBD craze, delta-8 makers have been receptive.
Disclaimer: https://hemptoday.net/delta-8-products-confined-to-oregons-licensed-marijuana-outlets-beginning-friday
Posted by: Times Of Hemp, TOH, #TOH, #TimesOfHemp, https://www.timesofhemp.com
