MJBizMag February 2022 - 48

LIQUID
GOLD?
Proceed With Caution
Widespread crackdown on delta-8 THC could pose a threat
to other cannabinoids
By Omar Sacirbey
D
elta-8's meteoric rise in
popularity is forcing a
conversation about how to
regulate minor cannabinoids.
Until recently, delta-8 THC has
existed in an unregulated, legal gray
area. And because there are dozens of
other minor cannabinoids not covered
by federal and state laws, regulating
D-8 could have wider ramifications.
Some industry observers worry that
a knee-jerk reaction to delta-8 THC
could result in mass-overregulation
that stymies cannabis businesses and
innovation.
" Once you go down this road where
you start supervising delta-8 as a
cannabinoid that's made from hemp,
you're basically saying, 'We're going to
draw that little line in the sand about
what is hemp and what is cannabis
grown for cannabinoids,' " said Harold
Jarboe, owner of CBD and D-8 producer
Tennessee Homegrown.
Industry Wishes
Still, others in the industry are in favor
of expanded regulation.
" People are really drilling down
into the naturally derived contents of
this plant, " said Morgan Fox, a former
spokesman for the National Cannabis
Industry Association, who joined the
staff of NORML. after this interview.
" There's going to be a need to fit those
minor cannabinoids into a larger
regulatory structure when they're
present in products in much greater
amounts than they would be in nature. "
Jonathan Miller, a lawyer with
the U.S. Hemp Council who helped
48 February 2022 | MJBizMagazine
Chellie
Pingree
draft the hemp provisions of the 2018
U.S. Farm Bill, said less well-known
cannabinoids such as CBG and CBN
present an even bigger challenge.
" We've now sort of undermined
our argument that hemp is not
intoxicating, and so people are taking a
closer look at things like CBD. We made
this deal with Congress and regulators,
and now they're saying, 'Wait a minute,
did we give away too much? Do we
need to rein back all hemp products?' "
Miller said.
" We get a regulatory
patchwork ... which is just
a nightmare for those
companies that are trying
to sell in all states. "
-Jonathan Miller,
U.S. Hemp Council
Jonathan
Miller
Federal and State Efforts
U.S. Rep Chellie Pingree of Maine
intends to introduce legislation to
reform the Farm Bill, Miller said,
including establishing separate paths
for intoxicating and nonintoxicating
products.
" That's not likely going to happen
until the next Farm Bill is passed, in
2023, " Miller said, although the U.S.
Hemp Council supports the idea.
That means, for the time being,
states are going to have to take the lead.
And some are.
" It's very difficult to have a
coordinated approach in all 50 states, "
Miller said. " They're all well-meaning,
and they might all be on the same
theme. But they have different nuances
to them. So, we get a regulatory
patchwork ... which is just a nightmare
for those companies that are trying to
sell in all states. "
Omar Sacirbey is a reporter
for MJBizMagazine. You
can reach him at omar.
sacirbey@mjbizdaily.com.
MJBizMag February 2022

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