May 14, 2021
Re: Production and/or Use of Chemically Modified or Converted Industrial Hemp
Cannabinoids
Dear Stakeholders:
Today, the Marijuana Enforcement Division (MED) provided clarification to licensees
regarding the production or use of chemically modified or synthetically derived
tetrahydrocannabinol (THC) isomers (including Delta-8, Delta-9, and Delta-10-THC) originating
from Industrial Hemp precursors such as CBD isolate. Like MED, we have received numerous
inquiries and want to ensure we are responsive to the issues and concerns.
The Division of Environmental Health and Sustainability (âDivisionâ) within the Colorado
Department of Public Health and Environment (âDepartmentâ) is providing this notice to
industrial hemp registrants to clarify that chemically modifying or converting any naturally
occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of
âindustrial hemp product.â This includes any process that converts an industrial hemp
cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other
tetrahydrocannabinol isomers or functional analogs.
Additionally, a complete profile of reactionary byproducts has not been established in
association with the conversion or creation of delta-9, delta-8, delta-10-THC; therefore,
insufficient evidence exists to determine whether or not any toxic or otherwise harmful
substances are produced during these reactions and may remain in the regulated industrial
hemp products ingested or applied/used by consumers. Therefore, these
tetrahydrocannabinol isomers are not allowed in food, dietary supplements or cosmetics.
Authority:
Section 25-5-426(1)(g.3) & (g.5) and 25-5-426(4)(d), C.R.S.
The Department and Division is aware that this communication may not answer all
outstanding questions. We will host stakeholder conversations on this topic as necessary to
provide further clarification.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polis, Governor | Jill Hunsaker Ryan, MPH, Executive Director
Nah. Read this part again.
Health department. Not just medical licenses.
There is no interpreting this one to save asses.
Should copy and paste your comment she is in Minneapolis, but is trying to âeducateâ people on a thread in the wrong way. @moveweight
No point in trying to argue with people who think they can interpret this differently.
Be nice to hear from our Colorado guys and what theyâre going to do about the situation.
Colorado guys are all freaking out. Talking big losses.
This woman however sounds like sheâs talking facts
Colorado explicitly indicated d9 is cool. Remediate and label whatever it is as long as itâs below .3% by dry weight itâs hemp. 1000 mg d9? All gravy. Label it clearly.
I have the MED notice at my lab too. They donât want anyone converting. If you do itâs not hemp. If you remediate the d9 thatâs all good. It has to grow on the plant or itâs synthetic as far as they are concerned.
Looks like disty prices in the med/Rec market will have a stable future in CO. As far as BM⌠good luck knowing whatâs not converted unless you have analytics at this point.
I adore people trying to stick it to the man, but when the notice is from the man clarifying youâre not within their guidelines. They release the alphabet boys. By all means let anyone defend a lost cause.
Go to town Sally. I went finding a plan b a year ago because I saw the writing on the wall.
This definitely is gonna feed the Black market and thc licensed market at the cost of the Hemp players.
Going to also make licensed distillate much more desirable because people donât want d8.
Isnât there like 0% safe d8 on the market right now?
Thatâs what I figured/I had the same thought.
Safe is a matter of opinion as this is the RC market and the quality of chemists varies. I think there are many with clean toxin reports even getting it d9 compliant now. Too little too late Iâm afraid.
This never was the hemp market. This was hemp rc
Just my opinion.
Lol I see. Well shit in shit out I suppose.
I think alot of people prefer d8⌠Im in a d9 legal state and prefer d8
Lmk what compliant d8 youâve tried to make that hypothesis. Otherwise maybe it was just the less high % d9? Giving you the diet d9 experience could just be the lower amount of d9.
I wasnât making that comment to argue with you about whatâs what. From my perspective the high with d8 is different than that from Delta 9. Perhaps thereâs some Delta 9 in there, but itâs still different and I enjoy it more
I agree the experience is different and I donât hate it. Just understanding itâs not ready for mass market
Colorado has done an impressive job of being an early pioneer into the realm of rec cannabisâŚyet also somehow maintaining a market with laughably poor product quality, overextended/industry limiting legislature, and sluggish equipment/chemical âinnovationâ (if you can call it that). Iâve always been disappointed with how little they have to show for being one of the first to the party. Putting limitations like this on chemical investigation is just the most recent way theyâve demonstrated their trend of cutting themselves off at the knees.
The other thing is, if you produce delta 9 from CBD and itâs pureâŚthen its a real uphill battle to try and prove in court, case by case, whether it originated from CBD or from a biosynthetic pathway in the plant. That much is possibly unenforceable, but d8 and d10 one may argue only could arise from synthesis/conversionâŚ
For what its worth, I do agree with the notion that a synthetic cannabinoid probably should be subject to a final purification step that removes all unknown impurities (i.e. crystallization, distillation, chromatography if need be).
Iâve wondered what percent of the composition of marijuana d9 distillate is âknownâ cannabinoids. My sense is not 100%.
Well yeah, and sometimes theyre not cannabinoids at allâŚbut that only would further confound the issue of proving that synthetic delta 9 is in fact synthetic. The impurity profile of natural delta 9 distillate is incompletely defined, as with the impurity profile of synthetic delta 9.
ND d8 converted d9 would be something to see.