U.S. State regulators urge tightening of hemp definitions amid Delta-8 concerns

Urgent call to redefine hemp

Cannabis regulators from across 45 states have made a clarion call to the U.S. Congress, pressing for a clearer definition of “hemp”. This move is primarily aimed at addressing the loopholes that have inadvertently allowed the rise and proliferation of synthetic THC products in the market.

Backdrop: The 2018 Farm Bill

The Agriculture Improvement Act of 2018, commonly referred to as the 2018 Farm Bill, was crafted with a primary focus on agricultural commodities and non-intoxicating hemp products. However, an unintended consequence of its language has led to a burgeoning market for intoxicating cannabinoid products. These products, often claiming to be under the 'hemp' umbrella, have seen a significant surge, especially post the boom and subsequent decline of the CBD market.

Delta-8: A market phenomenon

With the CBD market witnessing a rapid rise and fall in the aftermath of the 2018 Farm Bill, producers identified a new market opportunity in hemp-derived CBD. This shift catered to the makers of delta-8 and other similar formulations known for their “high”. These products, alarmingly available at common retail outlets, often come in packaging that eerily resembles popular candy brands, raising concerns about their potential appeal to younger demographics.

The regulatory challenge

The absence of clear federal guidelines and regulations over finished cannabinoid products has left states in a quandary. Each state has been left to its devices to formulate protective measures for its consumers. This scenario has given rise to a patchwork of regulations that differ across jurisdictions, making enforcement particularly challenging, especially when products are manufactured out-of-state and shipped across borders.

Seeking clarity in definitions

The Cannabis Regulators Association (CANNRA) has put forth clearer definitions for terms like 'hemp' and 'hemp-derived cannabinoid products' to ensure a more streamlined regulation and enhanced consumer safety.

• Hemp: Defined as the Cannabis sativa L. plant and any part thereof, with a THC concentration not exceeding 0.3% on a dry weight basis. This definition notably excludes viable seeds from plants that go beyond the THC concentration threshold.
• Hemp-derived cannabinoid products: Any product derived from hemp that isn't the raw plant but contains cannabinoids intended for human consumption or inhalation. This encompasses products that are combusted, aerosolized, ingested, or applied topically.

Additional insights on Delta-8

Delta-8 THC, a hemp-derived product, has been a focal point of debate and concern. While it enjoys legal status at the federal level, unlike marijuana, its consumption has led to adverse reactions in certain individuals.

The FDA has sounded the alarm over the "serious health risks" associated with delta-8, especially concerning its production process. The conversion process has been linked to harmful residues, with studies finding contaminants like lead, mercury, and silicon in delta-8 products. Further insights reveal that the concerns surrounding delta-8 are largely centred on its production methodology.

Industry's take on Delta-8

While certain industry experts and consumers vouch for the therapeutic potential of delta-8, others express reservations about its safety and the presence of harmful contaminants. The ongoing debate sees some attributing the negative press to marijuana businesses aiming to protect their market share. Additional sources provide a deeper dive into the industry's perspective on this contentious issue.

The future of Delta-8

The U.S. stands at a crossroads as it grapples with the challenges posed by delta-8 and other hemp-derived products. The clarion call for clearer regulations and definitions is growing louder, and the outcome of the 2023 Farm Bill will be pivotal in shaping the future trajectory of the hemp industry and ensuring consumer safety.