MJBizMag February 2022 - 38

LIQUID
GOLD?
WA
VT NH
MT
OR
ID
SD
WY
IA
NE
NV
UT
CA
CO
KS
AZ
NM
TX
AK
FL
HI
D-8 by State
T
he toughest job in cannabis
right now might be keeping
track of fast-moving laws
surrounding a THC isomer few had
heard of just two years ago.
Delta-8 THC's effects might be
milder than those of the better-known
delta-9 variety. But the isomer has
triggered a potent stew of confusing
laws and regulations that are giving
even seasoned cannabis attorneys
headaches.
" We've seen a lot of states starting
to crack down on delta-8. And we're
encouraged by those states that follow
our positioning, which is the two
pathways: one for intoxicating, one
for nonintoxicating, " said Jonathan
Miller, a U.S. Hemp Council attorney
who helped draft the hemp provisions
of the 2018 U.S. Farm Bill.
He noted that Michigan recently
adopted such a model, and some states
are following that lead. " What Michigan
has done is divided up intoxicating
cannabis ... and intoxicating products
38 February 2022 | MJBizMagazine
OK
MO
TN
AR
MS
LA
AL
GA
SC
KY
NC
Full delta-8 THC ban
(including states that
interpret existing law
to ban delta-8)
Under legal
challenge
Delta-8 THC must
be sold at a MJ retailer
Delta-8 THC
is allowed in food
©2022 MJBizDaily, a division of Emerald X. All rights reserved.
Data is current as of Jan 10, 2022.
By Kristen Nichols
will be sold through their adult-use
channel, " Miller said.
Meanwhile, some states have
outright banned hemp-derived delta-8,
including Colorado and New York.
And if that's not confusing
enough, legal interpretations about
cannabinoids made or altered in labs
can vary by county and city.
Some delta-8 THC retailers report
having a local police officer visit and say
the products are legal, only to have a
different officer from the same department
stop by the next day and say they're not.
Meanwhile, some of the markets
most friendly to delta-9 THC are the
most averse to THC being modified in
a lab.
Potential Changes Ahead
The situation is likely to worsen this
spring, as state lawmakers set to work.
That's because headline-grabbing
dangers to children (real or imagined)
are like catnip for ambitious politicians
looking for attention.
Against this backdrop, MJBizMagazine
presents this map of the legal landscape
in the United States. We combed
through mountains of regulations and
court rulings to determine how each
state has approached delta-8 THC.
Take it with a big grain of salt: Even
in a state with no mention of delta-8
THC on the books, a health or law
enforcement official could decide that
controlled substance laws cover the
hemp-derived cannabinoid tomorrow.
Chart Your Own Path
Finally, there's a consideration that
even the smartest cannabis lawyer can't
help settle, and that is the personal risk
tolerance of anyone making or selling
delta-8 THC-or anything like it.
Instead of asking if delta-8 THC is
legal in a certain state, a better question
might be whether you're prepared to
navigate a legal thicket that makes the
traditional marijuana business look easy.
Omar Sacirbey contributed to this report.
IL
IN
WV
VA
OH
ME
ND
MN
MA
WI
MI
PA
NJ
DE
MD
No explicit delta-8
THC ban
NY
RI
CT
MJBizMag February 2022

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