Delta-8 THC Regulations

CannaBusiness
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Several states have taken steps to implement restrictions and bans on Delta-8 THC recently, and I’ve collected some of them:

Wyoming: prohibits the addition of synthetic substances or additives to hemp and hemp products and sets a limit of 0.3% THC for hemp sales, including delta-8 THC. It classifies naturally occurring THC substances and delta-8 THC as Schedule I substances.Most of the law goes into effect in July 1.
Bill: https://www.wyoleg.gov/Legislation/2024/SF0032

South Dakota: 3/18, Noem signed legislation prohibiting the “chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp” effectively outlawing intoxicating hemp-derived products. Under the law, it is now illegal to “modify or convert industrial hemp … or engage in any process that converts” CBD into delta-8 THC, delta-9 THC, or delta-10 THC, or any other THC isomer, analog, or derivative.
Bill: Loading... | South Dakota Legislature

Florida: Revises the definitions of “hemp” and “hemp extract” to set limits on delta-9-tetrahydrocannabinol (THC) concentration and prohibit the presence of certain controlled substances and synthetic cannabinoids. The provisions are slated to take effect on October 1, 2024, if the bill is signed by Gov. Ron DeSantis.
Bill: Senate Bill 1698 (2024) - The Florida Senate

Georgia: The bill will update the state’s hemp definition of delta-9 THC concentration to consider the total THC in the plant and ensure it’s below 0.3%. This will effectively end any sales of THCa flower or alternative cannabinoids like delta-8 in the state. The bill also explicitly forbids the mailing of these products into the state. But seems they voted to table it yesterday.
Bill: Bill Texts: GA HB1322 | 2023-2024 | Regular Session | LegiScan

Texas: Delta-8 is legal in Texas. There have been recent attempts to ban delta-8 in Texas, but both attempts failed. However, the legality of delta-8 is not so clear in some counties

Considering the growing number of states implementing bans on Delta-8 THC, what are your predictions and insights regarding the impact on the market?

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Michigan put a ban in place two years ago. Didn’t seem to change anything because there appears to be no enforcement activity. Or if there is enforcement activity it is very limited. You can still get these things here. Traditional market is alive and well.

When Michigan did it - it also reclassified THC - similar to what Georgia has done in your notes here.

I’d like to point out that the federal government already tried to do these things with the DEA and USDAs final rules which also clearly outlined that Total THC is what is important not just D9-THC. (there are even court cases about these specifics in the rules).

And that its very possible that the updated 2024 Farm Bill will change the definition of D9-THC to close this loop hole. Because that is what it is. Congress never intended that cannabis could be sold as hemp. Its industrial hemp bill for a reason - they wanted to allow research into cannabinoids from hemp. And even then the FDA said NOPE to basically everything (no really, they are very specific).

So even if it is legal in your state - consumers could still have standing against you for making products using cannabinoids in medical devices (like vapes) or cosmetics (like lotions/rubs) or foods (like edibles, gummies, etc.).

Always interesting when looking at regulations. Especially considering that unless you are making it and selling it in a single state you are regulated by the FDA for interstate commerce of food, medical devices, and cosmetics - and they have said that you cannot do these things.

Not that anyone seems to care though. -shrug- And when I say anyone, I mean I care obviously, but people are still doing it all over, so it seems like they don’t give a fuck. :wink:

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Kentucky is regulating and registering hemp-derived cannabinoids and also opening up medical next year.

D8-THC is a part of the hemp-derived regulations.

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