Psst! The U.S. government can’t ban Delta-8 THC.

Because the Feds can’t outlaw something that’s already illegal.
The DEA can merely reiterate – as it did in its August 2020 interim final rule on implementation of the Farm Bill – that “All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.” And that includes synthetically derived Delta-8 THC.
More conversations about these semi-synthetic and synthetic minor cannabinoids derived from CBD are occurring.
“… Delta-8 boosters claim that Delta-8 is federally lawful by virtue of an alleged loophole in the 2018 Farm Bill, which legalized the cultivation of industrial hemp (cannabis with no more than 0.3 percent THC). The Farm Bill, however, never specifically mentions Delta-8 THC. This omission has been loosely interpreted and exploited by some segments of the hemp industry as giving a green light for manufacturing and marketing Delta-8 THC products that offer a (supposedly) legal high.
Delta-8 THC in its natural form is present only in minuscule amounts in the cannabis plant. What’s flooding the unregulated market is synthetic Delta-8 that doesn’t actually come from the plant; instead, it’s synthesized from CBD that has been extracted and isolated from hemp biomass. Converting CBD isolate into Delta-8 THC is not a natural process. It typically entails the use of toxic solvents, which raises quality and safety concerns.”
Local lawmakers in other states are starting to catch on. Colorado has banned Delta 8 from licensed dispensaries, and the Colorado Health Department, in May of 2021, issued a notice that “chemically modifying” a naturally occurring cannabinoid from hemp is noncompliant with the statute. Vermont’s hemp rules prohibit the production of Delta 8 as well.
Delta 8 safety issues include inaccurate labeling of the solvents used to produce Delta 8. Converting CBD isolate from hemp into Delta 8 THC is not a natural process. At the very least, all products sold in Utah should adopt strict labeling protocols. Ideally, Delta 8 should be banned from the medical program until further testing can be developed to understand what these unstable isomers do to the human body.
“Neuroscientist Greg Gerdeman is also troubled by the lack of regulatory oversight of Delta-8 products. He maintains that it’s misleading to describe Delta-8-THC intoxication as merely a milder version of Delta-9-THC. Some people get anxious and paranoid if they consume too much Delta-8 THC, which “can make you really high; it’s just a matter of dosage,” says Gerdeman, who is president of NASHCX, a Nashville-based commodities exchange for hemp and its derivatives.
Among hemp industry proponents, there’s considerable disagreement about Delta-8 and what it means for the future of CBD commerce. Some are concerned that the spread of Delta-8 intoxicants could jeopardize political support for the fledgling hemp industry and undermine chances in Congress to overrule the FDA and greenlight CBD as a food additive and health supplement. The U.S. Hemp Authority refuses to certify Delta-8 THC or other synthetic products “derived” from hemp, while pretzel logician attorneys at the Hemp Industries Association (HIA) argue that Delta-8 is federally legal because the DEA hasn’t said it’s illegal. The HIA maintains that Delta-8 products should be regulated, not banned.”
We all famously heard from the pharmacist legislator demanding that, “ If we are gonna call it medicine, we better treat it like medicine.” Yet here we sit with D8 in our medical program. A practice that just shouldn’t be allowed.
TRUCE would contend that they have failed on that point by allowing unvetted products into our program at the beckoning of the industry with no regard to patient safety and efficacy.
Let’s pose a few questions for a deeper conversation. We invite you to join in the discussion.
What level of expectation should patients have of their cannabis medicine?
Would you like to see improved labeling standards, so you know what brands are doing which practices?
Do you want to know the process used to make your medicine?
Did any of these products pass the Cannabis Product Board? Doubtful.