To Safeguard Consumers: Limit Delta-8 THC to Cannabis Stores, Focus on CBD as Medicinal Solution
Restricting Delta-8 THC to Pot Shops: Enhancing Consumer Protection through CBD Medicine
Shady producers of delta-8 THC, the popular synthetic form of marijuana made from hemp-derived CBD, are lamenting as states increase their efforts to protect children from the psychoactive products.
The widespread use of CBD was not taken into account when hemp was legalized under the 2018 Farm Bill, which did not anticipate the growth of the extract market by producers who exploited the loophole.
As the CBD market boomed and then quickly crashed after the passage of the Farm Bill, surviving producers found a market among makers of delta-8 THC, which is created by processing CBD in a lab. It is a type of hemp product that was never intended by the Farm Bill, and it is widely available in common retail outlets, packaged to resemble popular candy and other treats.
Desperate Need for Guidance
Without federal regulations from the U.S. Food & Drug Administration (FDA), individual states have been grappling with the regulation of CBD and delta-8 THC. However, the states require federal guidance. That is why state cannabis regulators recently sent a letter to Congress suggesting the establishment of a national framework for all hemp-based cannabinoids, including CBD and any products made from CBD as well as other minor cannabinoids found in industrial hemp. The Cannabis Regulators Association (CANNRA) sent the letter in response to a request for input on CBD regulations from key Congressional committees in July.
“A comprehensive regulatory approach that addresses all cannabinoid hemp products is urgently needed,” the regulators wrote in the 40-page letter. “Focusing solely on CBD is insufficient, as many CBD products contain other cannabinoids that also need to be regulated for consumer safety and public health.”
Risk to Public Health
“Consumer safety and public health are at risk if a federal regulatory agency is not designated, funded, and granted the authority to regulate cannabinoid hemp products. The FDA is the primary federal agency with experience in regulating finished products for consumer safety and public health,” states the letter from CANNRA.
“However, the FDA needs specific powers and defined, short timelines to issue regulations. These regulations should include clear definitions for products labeled as ‘cannabinoid hemp,’ minimum safety requirements, and an education and enforcement framework,” concludes the letter.
State Measures
Officials in many states are still struggling with the regulation of CBD and delta-8 products due to the lack of a federal framework.
In Florida, agriculture officials recently launched “Operation Kandy Krush” following the implementation of a new state law that introduced age restrictions for the purchase of hemp products intended for human consumption and prohibited marketing aimed at children. The state is committed to enforcing the law vigorously. State officials have discovered nearly 70,000 illegal products with packaging resembling popular children’s brands, such as Nerds, Sour Patch Kids, Skittles, and Jolly Ranchers, in 500 hemp stores.
In Arkansas, a ban on synthetically produced delta-8 and delta-10 forms of THC, as well as hemp-derived delta-9 THC (the most common form of THC found in marijuana plants), came into effect on August 1. All of these hemp-derived compounds are now included in the state’s controlled substances list, where they belong. The law also requires retailers of such products to be licensed by the Arkansas Tobacco Control. Hemp stakeholders have challenged the ban, and the case is currently before a federal court in Little Rock.
Earlier this month, Kentucky issued emergency regulations for delta-8, which the state considers as the starting point for regulating delta-8 products “and any other hemp-derived substances.” The regulations prohibit the sale of intoxicating hemp products to anyone under 21 years old and establish lab testing requirements and labeling rules.
Producers Complain
In all of these cases, CBD and delta-8 producers have complained about overreach as they face threats to their questionable products.
Unregulated and sometimes dangerous CBD products have been on the market even before the passage of the 2018 Farm Bill. These products have created a chaotic gray market due to the absence of FDA regulations. Reports consistently show that CBD products are of subpar quality, often contaminated with heavy metals and other impurities, contain less CBD than advertised, and are promoted with exaggerated health claims. CBD-based delta-8 THC made its appearance a few years later, further increasing the potential dangers.
Restrict Delta-8 to Marijuana Dispensaries
FDA’s slow response to CBD leaves consumers constantly at risk. The agency called on Congress late last year to establish a general framework for CBD products through new legislation, which would allow for specific safety regulations – creating a “new path” for the category.
Delta-8 products, being one step removed, pose even greater safety risks because they produce a “high.” When properly formulated through safe processes, delta-8 THC is not inherently problematic. However, delta-8 products should be regulated like marijuana and be strictly limited to licensed marijuana dispensaries, with appropriate labeling and warnings in place. Children should not have access to delta-8 products at their local convenience stores – as they currently do.
Classify CBD as a Drug
The FDA and many independent researchers have stated that the full effects of CBD are still unknown and have expressed concerns about the potential harmful effects of the compound on pregnant women and fetuses, young children, the elderly, the liver, and the male reproductive system.
Only long-term research can determine the true safety of CBD. Until that research is completed, the FDA would fulfill its true mission by formalizing CBD’s current classification as a medicine-only substance, for which it is already approved. This classification can be revised later based on the findings of the research.
Consumers have been at the mercy of unscrupulous CBD and delta-8 THC producers for years. The actions of these operators within the hemp industry’s subsectors have caused significant damage to hemp’s overall reputation, leading to declines in fiber and food markets as well.
By not implementing any kind of immediate framework, the FDA is allowing unscrupulous companies, driven solely by profits and survival, to hold too much power, disregarding consumer safety.
