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Michigan Governor Signs Legislation to Regulate Delta-8 THC

by The Real Dirt | Jul 14, 2021 | 420 News, Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Hemp Law, Industry News, Legalization

MICHIGAN — Today Gov. Whitmer signed legislation that will regulate, and cover delta-8 THC derived starting October 11, 2021.

This bill will update definitions regarding cannabis plant products making sure all intoxicating substances will be safety-tested and tracked through the MRA’s statewide monitoring system Michigan Executive Office of the Governor.

“This package of bills continues to show Michigan is the model for the nation in regard to protecting its residents and making sure that those who consume marijuana products do so in a safe manner,” said Gov. Whitmer. “I am glad to see Michigan continuing to lead on the implementation and regulation of a safe, secure marijuana industry, which has already brought tens of millions of dollars in new tax revenue to the state, as well as thousands of well-paying jobs.”

“The team at the MRA has always been committed to transparency and forward thinking and this was once again the case regarding delta-8,” said MRA Executive Director Andrew Brisbo. “We were proud to work with legislators and industry stakeholders to pro-actively address this issue and move an untested, unlicensed intoxicating synthetic product into our licensed and regulated system.”

“The voters of Michigan chose to legalize and regulate marijuana in the interests of justice and public health,” said Rep. Yousef Rabhi, D-Ann Arbor. “We know that banning these substances is not the best way to keep the public safe. But we also know that these psychoactive compounds are currently being sold with no public health standards to anyone, regardless of age. Instead of allowing these new hemp derivatives like Delta 8 to circumvent our world-class regulated system, this new law will apply the same rigorous testing and commercial standards that currently protect consumer safety in the legal marijuana marketplace.”

“I appreciate the support of Governor Whitmer and my legislative partner Representative Rabhi in helping Michigan take an important step in streamlining regulations for the safety of cannabis businesses and people around our state,” said Rep. Jim Lilly, R-Park Twp. “By mirroring Michigan’s existing liquor dram shop law and clearly defining the requirements for a proper injury lawsuit, we are bringing clarity to a previously murky area of our cannabis laws. I am extremely excited to see the Governor not only sign these bills, but also sign bills to protect Michigander’s from unregulated and untested Delta-8 hemp products. This legislation does the right thing by taking these products out of the unregulated marketplace and bringing them under the purview of a well-functioning Marijuana Regulatory Agency.”

Read Full Story on Fox 17 West Michigan

Is Delta-8 THC Safe?

by Travis C | Jul 13, 2021 | 420 Culture & Travel, Blog, Broscience Mythbusters, Cannabis Law and Compliance, Science & Technology

If you’re a cannabis or Hemp/CBD consumer, you have more than likely heard of Delta-8 THC. But is Delta 8 THC safe?

Fourteen states — Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Kentucky, Mississippi, Montana, New York, Rhode Island, Vermont and Utah — have already banned Delta-8. For a consumer looking to possibly try Delta 8 for the first time, this could be a cause for concern.

If Delta 8 was totally safe, then why would states be banning it en masse? That’s what we’re going to break down.

The answer to the question, “is delta 8 THC safe?” isn’t so black and white. Just like a couple years ago when many were unsure about the safety of CBD products, D8 THC is in a similar phase.

Is Delta 8 THC safe to consume?

The short answer is we don’t know. That is partially the reason that so many states have already moved to make it illegal. With zero — and we mean zero — regulation, it is much easier to just ban Delta 8 than go through the same process as CBD.

To clarify, CBD has had a rocky road over the last few years. After the passing of the Farm Bill in 2018, all hemp and its derivatives (aside from Delta 9 THC) became fully legal. CBD, CBG, CBN and others all became legal at this time, which sparked the CBD movement.

As soon as the CBD industry began exploding, the FDA was forced into action. Regulating the safety of consumable CBD products like gummies, ointments or other topicals was essential. While some states decided to ban CBD altogether like some are doing now with Delta 8, most saw the growing market and recognized that regulation was necessary.

However CBD does not create a psychoactive effect like Delta 8 does, nor is it synthetically derived. And that’s where the issues with Delta 8 arise.

How Delta 8 THC is made

CBD has been bred into hemp in higher concentrations over the last few years, which is then extracted to make various products. Delta 8 exists in such small traces in hemp and cannabis that it can’t be extracted on its own and produces negligible results.

Due to this, Delta 8 is actually made through the synthetic conversion of CBD.

The process of creating Delta 8 from CBD is nothing new, and is actually a patented isomerization process. It involves dissolving CBD in a solvent like heptane. An acid is then added into the solution and stirred constantly up to 18 hours on a heat plate. Once the chemical reaction is complete it will separate, where it can then be washed and dried and tested.

Compared to how your average Delta-9 extract is made, Delta-8 is a more lengthy, “synthetic” process. That can be a turn off for a lot of people.

The new “spice”?

We see you clenching your fists about to throw your phone from reading that title. No, we don’t believe that Delta 8 THC is as dangerous as spice. But that doesn’t mean it doesn’t have the potential to be just as dangerous.

You may remember in 2019 when hundreds of people wound up in the hospital (and several actually dying) due to dangerous chemicals being cut into illicit, black market vaporizer cartridges. Vape cartridges are currently the most popular way to consume Delta 8, and they are completely unregulated just like illegal cartridges sold on the street.

It is not inconceivable that a producer looking to cut costs and make more money could cut their products with something potentially dangerous to consumers. And that is the risk that many take when they place an order from an online Delta 8 THC retailer.

So is Delta 8 THC safe? Let’s be real here. It is just as likely that a consumer might get an unsafe distillate cartridge on the street as you are to get a dangerous Delta 8 product from a “reputable” online Delta 8 retailer. That’s the reality.

Some states might start treating Delta 8 like CBD in the future, regulate it and make it safe. There’s also the chance that federal government, such as the DEA or FDA gets involved. Similarly to states with cannabis legalization, Delta 8 could also be made legal on a state by state basis. Some argue it is already legal.

In other words the safety, legality and trustworthiness of Delta 8 THC products is anybody’s guess. And guessing is exactly what you do when order some Delta 8 online or grab it from the head shop.

Why Delta-8 is Being Made Illegal

by Travis C | May 26, 2021 | 420 News, Blog, Business, Cannabis Law, Cannabis Law and Compliance, Culture, Hemp, Hemp Law, Science & Technology, Stranger Than Fiction

As quickly as Delta-8 THC blew up, it’s being made illegal by states across the country.

It was only a matter of time.

Consumers and entrepreneurs have been an enjoying a regulation free, sub-legal way to get high and profit from Delta-8 THC. Now the DEA and USDA have taken notice, and in addition to the numerous states already taking action to make Delta-8 illegal on their own terms, the official law regarding Delta-8 is becoming more clear.

In fact, the current laws regarding hemp may already have it covered.

What is Delta-8 THC?

A very, very close relative to Delta-9 THC, the main psychoactive component of cannabis, Delta-8 THC is separated by just one subtle difference in its molecular structure. The similarity in molecular structure also leads to similar psychoactive effects although slightly suppressed.

Studies done on Delta-8 THC have revealed it to be roughly 75% the potency of traditional Delta-9 THC. With modern extraction technology and isolation techniques, manufacturers of D8 THC are able to produce products that get users high.

The reason that D8 THC is able to operate currently with near impunity is because of the wording of the 2018 Farm Bill. In the bill, “Hemp” is defined as:

The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Because the definition specifically includes Delta-9 THC and nothing else, this has been used by manufacturers as a de facto legalization of other tetrahydrocannabinols. However, looking a little more deeply into current rules and regulations on the books by the DEA and USDA, and depending on your definition of “synthetic”, the future of Delta-8 may have already been decided.

Synthetic Tetrahydrocannabinols

In August of 2020, the DEA released a set of interim rules regarding hemp. In this ruling they say, “For tetrahydrocannabinols that are naturally occurring constituents of the plant material, Cannabis sativa L., any material that contains 0.3% or less of D9 -THC by dry weight is not controlled, unless specifically controlled elsewhere under the CSA,” CSA being the Controlled Substances Act.

However in the same paragraph further down, we get to the part that matters to Delta-8 THC advocates; “For synthetically derived tetrahydrocannabinols, the concentration of D9 -THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.“

By establishing a difference between naturally occurring cannabinoids that are produced in hemp and those that are derived and enhanced synthetically, the DEA virtually made a ruling against Delta 8. This is because, to the likely surprise of many (including myself), Delta 8 THC while naturally occurring in hemp, is in fact synthetically made from CBD when produced for retail sale.

How Delta 8 THC is Made

All cannabinoids, from CBD to THC and beyond begin as CBGA. Because of the shared molecular structure of cannabinoids, manipulating them is simpler than it may seem. While Delta-8 is relatively new, producers have been using these methods to manipulate cannabinoids for a long time to find exotic new cannabinoids.

While Delta-8 THC exists in a wide range of cannabis strains, it is in minuscule, trace amounts. To extract and purify Delta-8 from raw plant material with less than one percent of the targeted cannabinoid is unprofitable. This is why producers have begun converting other, more prevalent cannabinoids like CBD and Delta-9 THC into Delta-8.

The process of creating Delta 8 from CBD is nothing new, and is actually a patented isomerization process. It involves dissolving CBD in a solvent like heptane. An acid is then added into the solution and stirred constantly up to 18 hours on a heat plate. Once the chemical reaction is complete it will separate, where it can then be washed and dried and tested.

Compared to how your average Delta-9 extract is made, Delta-8 is a more lengthy, “synthetic” process. The Delta-8 is not there in the beginning, it is created in the end. And that’s why it’s a problem.

What does this mean for Delta 8 THC?

Unfortunately for producers and consumers alike, the great days of Delta-8 THC are likely coming to an end sooner rather than later. Over a dozen states have already banned Delta-8 THC, and more are considering passing their own laws against the cannabinoid. With the ruling by the DEA being brought into the open, it will be difficult for manufacturers to argue that Delta-8 is not in fact a synthetic cannabinoid.

In other words, those who continue to manufacture and sell Delta-8, even right now, are technically manufacturing and distributing a Schedule 1 substance. States in which Delta-8 THC has not been explicitly banned likely don’t need to worry about prosecution for the time being, as no official ruling on Delta-8 specifically has been passed down.

But as concern grows and more states ban Delta-8, it is going to become more difficult and less profitable for manufacturers to continue making it. Soon enough, Delta-8 will likely be another banned substance nationwide.

Is Delta-8 THC Legal? A hemp industry grey area

by Travis C | Apr 30, 2021 | 420 Culture & Travel, Blog, Broscience Mythbusters, Cannabis Law, Cannabis Law and Compliance, Culture, Legalization

Delta-8 THC is the latest cannabinoid to take over the hemp “grey” market, after CBD had its run in 2019 and 2020 before regulation on CBD products began. However D8 THC is likely to face a similar fate soon enough, and some states aren’t waiting around for the FDA to start regulating it.

So how does a hot new cannabinoid like this come about without regulation, and is Delta-8 THC legal?

What is Delta-8 THC?

What may be a surprise to some is that D8 THC is not a newly discovered cannabinoid. Pharmacological knowledge of D8 THC has been around since 1941 when its partial synthesis was discovered by Roger Adams. It is an isomer of Delta-9 THC, meaning that it has an identical molecular formula to Delta-9 THC, but Delta-8 THC is arranged differently which creates a variation in chemical properties.

But like many other cannabinoids including Delta-9 THC, scientific data surrounding Delta-8 THC was suppressed soon after its discovery, with the Marihuana Tax Act already being in effect since 1937. That changed with the passing of the Farm Bill in 2018.

Following the federal legalization of hemp, a lot of farmers hopped on the CBD trend and saturated the market with biomass. But just like CBD, Delta-8 THC can also be extracted.

D8 THC is not as prevalent in hemp as CBD, and not as potent as Delta-9 THC. But that hasn’t stopped producers and consumers from capitalizing.

More money, more effects

If Delta-8 THC was all made up by illicit market producers trying to take advantage of the uneducated consumer, it surely wouldn’t be as popular as it has become. That is to say in the mind of consumers, D8 THC is a “legal” replacement for Delta-9 THC.

For someone living in a state with no access to medical or recreational cannabis, hemp is more than likely legal. Since Delta-8 can be extracted from hemp, and hemp is legal, Delta-8 is technically legal too, for now.

With the CBD market completely oversaturated, D8 THC also presents a unique opportunity for hemp producers to still make a profit off their hemp. Being a very close relative of Delta-9 THC, a massive market for those trying to get the “high” of Delta-9 without breaking the law in their state has been created.

Just since the beginning of 2021, Delta-8 THC has grown massively in popularity. It has become available in vape carts and edibles in head shops across the country and also gives consumers the option to have it shipped right to their door online.

However that may all be changing quicker than consumers and producers hoped.

States start taking action

While the FDA might just be catching wind of Delta-8 THC and are considering looking into the new hot cannabinoid, individual states have already taken notice, and they aren’t waiting to take action.

Vermont is the latest state to pass rulings that state D8 THC is now illegal, and they aren’t alone either. Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah have all banned the sale of Delta-8 THC.

With so many states jumping to ban D8 THC so quickly, it isn’t a good sign for the future. Ultimately the reason that Delta-8 may fail is because of the lack of regulation. Without regulation, there will always be bad actors in the industry pushing fake and dangerous products.

A clear example of this issue gained nationwide attention in 2019 after several people died from ingesting illicit market Delta-9 vape cartridges, and hundreds more wound up in the hospital. The same problem could easily plague the rising Delta-8 industry, and that has lawmakers and consumers concerned.

While many are willing to take the risk and have Delta-8 THC delivered from an online service without knowing the true contents or lab results of the product, just as many are not. While there are a handful of reliable Delta-8 suppliers with lab testing provided, there are just as many if not more that don’t include lab results.

So what’s the solution?

Regulate Delta-8 THC or make it illegal

The question that many are asking right now is, will Delta-8 THC be regulated or just made illegal?

Unfortunately for consumers and producers, the latter is much more likely. Compared to CBD which has very little to no psychoactive effects, Delta-8 is described as a more subtle version of Delta-9 THC by consumers.

In a state like Utah where recreational cannabis is still illegal, Delta-8 is no different than Delta-9 in the eyes of legislators and regulators because the consumer can still get high from consuming it. So why would they allow one and not the other?

At least we can’t argue that they aren’t being consistent.

As for the potential for regulation, it is possible but unlikely in the near future. For example, despite being legalized in 2018, the USDA’s final ruling regarding hemp production wasn’t released until January of this year. The FDA has only recently begun cracking down on the unregulated CBD industry, sending out multiple emails to producers in March of this year warning about false advertising and making medical claims about CBD products.

But the USDA ruling doesn’t even address Delta-8 THC, let alone set a limit on its production. There is no evidence that the FDA is currently investigating Delta-8 either. So while we don’t expect there to be a federal ban on Delta-8 in the near future, we are likely to see more states take action on their own.

Colorado passed medical and recreational cannabis and has a thriving legal industry, yet is still choosing to keep Delta-8 THC illegal. Other states are going to take notice, and many may follow suit.

For now, if you want to try Delta-8 for yourself, make sure to search for a verified producer that provides detailed lab results from a certified lab. While the science may still be out on the safety of D8 THC itself, as long as the product is made properly with clean ingredients and certified by test results it may be the best alternative to Delta-9 for those who can’t get it for the meantime.

Vermont Joins List of States to Ban Delta-8 THC

by The Real Dirt | Apr 29, 2021 | 420 News, Blog, Business, Cannabis Law, Cannabis Law and Compliance, Culture, Hemp, Hemp Law, Politics

Vermont regulators have officially categorized hemp-based Delta-8 THC products as illegal under state law.

The Vermont Agency of Agriculture, Farms, and Markets (AAFM) informed all registered hemp cultivators that Delta-8 THC products are not regarded as legal hemp products in an email sent out last Friday, April 23.

With this statute, Vermont joins 12 other states that have categorized the manufacturing and sale of Delta-8 THC products as illegal under state law; Delta-8 THC has also been banned in Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.

On their website, Vermont AAFM clarifies the state’s position further by acknowledging that hemp plants naturally produce Delta-8 THC in trace amounts. However, products with intoxicating levels of the cannabinoid are created using isomerization, which synthetically converts CBD to THC.

The Vermont Hemp Rules state that, “A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product” (6.3). With this rule, the manufacturing, labeling, or sale of any Delta-8 product in the state of Vermont would violate state law. As such, anyone who distributes, uses, or possesses one of these products may face criminal penalties in the state.

Many CBD retailers have seen great financial gains due to the recent proliferation of Delta-8 throughout the states. This clarification may heavily impact their newfound revenues.

Meanwhile, the hemp industry in Alabama recently praised lawmakers there after they pulled an amendment proposal that would have categorized Delta-8 THC and Delta-10 THC as controlled substances.