TheTimespointed toHometown Hero CBD, a company based in Austin, Texas, which sells joints, blunts, gummy bears, and more that can get people high—they contain Delta-8-THC, which can be extracted from hemp. Delta-9-THC is explicitly outlawed under federal law, theTimesexplains, but Delta-8-THC from hemp is not, allowing companies to market drug products as hemp, legally.
Rolling Stoneexplains that Delta-8 isn’t as psychoactive as Delta-9, offering a high that is “less sedative and more functional than Delta-9.”
However, while Delta-8-THC is technically legal when derived from hemp, Joseph Hoelscher, Founding Member of the Texas Association of Cannabis Lawyers, toldRolling Stonethat “the process most commonly used to produce Delta-8—synthetically altering CBD into Delta-8-THC—probably isn’t legal.” Delta-8 only exists in tiny amounts in hemp, so it is far more cost-effective to alter CBD in a process that is, in fact, federally banned.
Related: “Critical” Bill to Legalize Hemp, CBD Introduced in Congress Indena Now Authorized to Produce Cannabidiol FDA Warns Companies for Mental Health Claims
The Hemp Roundtable is categorically against this, according to their statement. “Unlike marijuana, hemp is, by definition, not intoxicating,” the statement says. “Rather hemp products like CBD are popularly used by consumers to benefit their general health and wellness, not to get them high. Adult-use cannabis products, which feature concentrated THC and are intended for intoxication, should not be marketed as dietary supplements, and should be subject to a distinct regulatory pathway. We look forward to working with Congress and federal agencies to develop responsible laws and regulations to provide separate pathways and proper guardrails to distinguish these products.”A first step, according to the statement: HR 841, which would establish a regulatory pathway for the sale of hemp-derived extracts. “This bill will help stabilize hemp markets, open a promising economic opportunity for U.S. farmers, and protect consumers by requiring hemp extract product manufacturers to comply with the entire existing comprehensive regulatory framework for dietary supplements.”
