MJBizMag February 2022 - 35

Unintended Consequences
" Unfortunately, nobody that was dealing with this legislation
knew what delta-8 was. We were all familiar with delta-9,
and the Farm Bill was written so that hemp was defined
as less than 0.3% delta-9 THC, " said Jonathan Miller, an
attorney with the U.S. Hemp Council who helped draft the
bill. " Folks were innovative and ... have been able to take
advantage of a loophole because the legislation doesn't ban
delta-8; it only bans delta-9 over a certain amount. "
The news was music to the ears of hemp executives such
as Jarboe, who suddenly " had huge stockpiles " of CBD with
diminishing value.
Jarboe soon developed his own process for converting
CBD into delta-8, did several trial runs to dial in his
formulations and hired a third-party lab to test the
products.
" We had store owners asking us for the product. It's that
simple. If you've got stores calling you saying, 'Look, if you
put this product under your label, we can sell it because
people trust your brand.' Well, that's how we got into it, "
Jarboe explained.
Now, Tennessee Homegrown is thriving, and Jarboe gives
much of the credit to his D-8 pivot.
" Maybe it's no longer the season for hemp as we knew it, "
Jarboe wrote in a September 2021 blog post. " The world had
changed, and we had to adapt or die. "
Other Side of the Coin
While D-8's popularity is boosting the bottom lines of hemp
farmers and CBD companies, it's causing worries among
traditional marijuana cultivators, manufacturers and
retailers-as well as regulators and lawmakers.
" Any cannabinoid that can cause impairment should be
regulated like delta-9 until we know more about it, " said
Morgan Fox, a former spokesman for the National Cannabis
Industry Association, who took a job with NORML after
this interview. " In the meantime, I think states as well as
the federal government really need to start thinking about
ways in which to bring novel and minor cannabinoids
into the regulated market in a way that protects consumer
safety but also respects the huge burdens that licensed
cannabis producers have faced and make sure that they're
not being cut out. "
Jim Makoso, CEO of Washington state extraction company
Flowe Technology, said safety is his No. 1 concern about
delta-8 THC. He would like to see D-8 regulated like D-9,
and that includes third-party testing.
" When it comes to consumer safety, at least some
regulation should be required around the QC (quality
control) standards, " Makoso said. " Pesticide testing,
residual solvent testing, potency testing, mycotoxins. That
would be a good place to start. "
Converting CBD Into Delta-8 THC
Wisconsin-based ExtraktLAB offers courses, kits and
video training to educate processors. Their graphic
shows one way to convert CBD to delta-8 THC.
mjbizdaily.com | February 2022 35

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MJBizMag February 2022

Table of Contents for the Digital Edition of MJBizMag February 2022

MJBizMag February 2022 - 1
MJBizMag February 2022 - 2
MJBizMag February 2022 - 3
MJBizMag February 2022 - 4
MJBizMag February 2022 - 5
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