As the discussion of Delta-8 tetrayhydracannabidiol (D8) continues to sweep the hemp and cannabis industries, cultivators and processors are more curious than ever to know if they can turn the topic into profit, but that question can be a confusing one to answer. News headlines and articles about D8 seem to be everywhere you look, and with it being such a new and popular subject, there are many assumptions and a lot of misinformation getting tossed around. The future regulations of D8 and other minor cannabinoids, like Delta-10 tetrayhydracannabidiol (D10), are already under fire from lawmakers, bringing into question whether or not D8 is even legal to sell.
Since D8 is synthesized from hemp-derived CBD, it presents hemp cultivators and processors an additional opportunity to turn their crop into a new product. However, with there being so much scrutiny regarding the safety of D8 products, many states are taking action towards banning the cannabinoid or creating new frameworks to restrict and regulate D8 manufacturing and sales.
Alabama, for example, has already moved to add D8 to their banned substance list. (1) Oklahoma is looking to classify D8 in the same category as Delta-9 tetrayhydracannabidiol (THC). (2) At the same time, the state of Washington allows D8 under very specific circumstances (3), and Oregon is working on broad-scale regulations regarding D8 and all other “artificially derived cannabinoids”, in order to get ahead of any new cannabinoids that may surface in the future. (4)
If voted into law, many of these legal changes could make processing and selling D8 much more complicated. With its legal status changing so rapidly, and laws varying so much between states, the confusion behind making money with D8 will continue. As the legal landscape evolves, hopefully, everything will become more clear for those looking to cash in on the craze.
- Moseley, B. Senate to consider amendment potentially harmful to Alabama hemp industry. Alabama Political Reporter. 2021. https://www.alreporter.com/2021/04/05/senate-to-consider-amendment-potentially-harmful-to-alabama-hemp-industry/
- Notice of Adoption of a Policy Statement. Washington State Liquor and Cannabis Board. 2021. https://wa.gov/sites/default/files/publications/rules/Statements/Conformed%20THC%20Isomers%20Policy%20Statement%2004282021.pdf
- House Bill 1961. State of Oklahoma. 2021. http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20INT/hB/HB1961%20INT.PDF
- Proposed Amendments to House Bill 3000. State of Oregon. 2021. https://www.oregon.gov/odot/Safety/Documents/HB3000-1.pdf