The future of delta-8-tetrahydrocannabinol (D8) in 2022 is an uncertain one. There have been recent moves for and against D8 at both state and federal levels that suggest more changes are likely inevitable. Many of which may not be in favor of those who support D8, like possible restrictions or outright bans.
Many states have upcoming legislation regarding D8, including states like Illinois, Oregon, and South Carolina. Texas has set a clear line for where it stands regarding D8. The Texas Department of State Health Services recently stated that D8 is considered a Scheduled I controlled substance that has local hemp stores looking to unload a product that is now technically illegal in the state.
Other states like California are deciding to not ban D8, but regulate it instead with testing and other licensing requirements. Louisiana just passed an interesting law that regulates D8. The new law created a category for what they define as “consumable hemp”, which includes any cannabinoids that are derived from industrial hemp. Since D8 is made from CBD extracted from hemp, it technically falls into this new category.
Although some states like Louisiana have been more open to the production and sale of D8, it’s not getting as warm of a welcome federally. In September the CDC issued an official health advisory warning about the potential dangers of D8 and citing cases of adverse effects. Not long after the health advisory was issued by the CDC, more acronyms got involved when the DEA officially added D8 to its Orange Book of controlled substances right next to tetrahydrocannabinol (THC).
There’s no way to really predict the future of D8 in 2022, but these sort of signs of pushback from major federal governmental organizations like the CDC and the DEA are sure to influence what states decide to individually. Unless there is a federally wide ban on D8, states are still going to have the right to choose whether or not D8 is legal in 2022.