An Illinois bill to legalize hemp-derived cannabinoids such as delta-8 THC has stalled in the House of Representatives after lawmakers left the state capitol without passing the legislation that would have banned sales of the popular products. 

The measure was supported by many representatives of Illinois’ regulated marijuana industry who argue that unregulated hemp products give minors unfettered access to intoxicating substances and are a risk to consumers. Hemp advocates maintain, however, that the bill will destroy the fledgling industry and the small businesses it supports.

Jennifer Weiss, the owner of Chicago-based Cubbington’s Cabinet, a manufacturer and retailer of personal and pet CBD-infused products, said the bill jeopardizes the viability of the business.

“The bill is so restrictive it would outlaw almost everything in my store,” Weiss said, according to a report from local news.

Over the weekend, the Illinois Senate voted 54-1 to approve a bill that would have limited sales of hemp products that contain THC to licensed marijuana dispensaries. Democratic Senator Kimberly Lightford, the sponsor of the bill, said the legislation was a bipartisan attempt to control unregulated sales of delta-8 THC and other intoxicating hemp cannabinoids. But on Wednesday, members of the House of Representatives adjourned for the summer without taking up Lightford’s bill.

“After months of negotiations, the Senate passed a bipartisan bill that all sides agreed upon, further ensuring our common goal to have a fair, just and safe industry,” Lightford said in a statement, the Chicago Sun-Times reported. “The bill we put forth showed the dire need to regulate the hemp industry before we lose yet another young life to these pervasive products. It’s unfortunate the House could not meet the urgency.”

Competing Bill Also Stalled

Democratic state Rep. La Shawn Ford agrees that sales of delta-8 and other intoxicating cannabinoids need to be regulated but says that the bill passed by the Senate is not an appropriate solution. Ford sponsored a competing bill favored by the hemp industry, but the House of Representatives failed to advance the legislation.

“We don’t want pop-up smoke shops opening on every corner,” said Democratic state Representative La Shawn Ford. “We need to make sure we have some licenses and limit how many we have, so we don’t turn Chicago into ‘Delta and Marijuana City.’”

Ford’s bill would allow existing hemp companies to continue doing business by obtaining a $500 license and completing required product testing. The bill would also levy a 10% tax on hemp businesses and restrict sales of hemp products to adults aged 21 and older.

“It’s not like we can get rid of it. You can’t ban something that’s grown like this,” Ford said. “Let’s not try to have an industry that directly competes with cannabis. Put this industry in its own lane, just like beer is in its own lane and rum and spirits are in their own lane.”

Tiffany Chappell Ingram, executive director of the Cannabis Business Association of Illinois that backed Lightford’s bill, said that members of the group “are disappointed the House failed to pass needed reforms to our state’s cannabis laws and will continue to allow synthetic hemp products that are sickening children and adults to be sold with no oversight.”

“Despite overwhelming bipartisan support for these measures in the Senate, there is clearly more work to do to educate legislators about these important matters,” Chappell said in a statement.

Adam Terry, CEO of cannabis-infused beverages manufacturer Cantrip, encouraged lawmakers to continue working to develop a plan to regulate hemp-derived cannabinoids.

“The Illinois legislature is trying to do what we all want – find a path to regulating the consumable hemp products market,” Terry wrote in an email to High Times. “But in the session, it didn’t get to a workable solution.”

“All good faith hemp operators are interested in affirmative regulation that lays out clear and workable guidelines,” he continued. “Any hemp operator simply clamoring to exist in a perpetually unregulated state of affairs is not serious about long-term business health or public safety.”

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Hemp business owners in Illinois are calling on lawmakers to approve legislation to regulate the state’s hemp industry instead of a bill that would ban products containing intoxicating cannabinoids including delta-8 THC. 

Last month, Democratic Senate Majority Leader Kimberly Lightford introduced a hemp regulation bill that would ban delta-8 and other hemp-derived intoxicating cannabinoids. Such products are currently unregulated in Illinois and are widely available at retailers including smoke shops, gas stations and convenience stores, often as edibles including chips and sweets that mimic popular brands. 

“We don’t know what exactly is in them,” Democratic state Representative Barbara Hernandez said at the time, according to a report from WGEM television news. “We don’t know the ingredients, they are not regulated to list the full ingredients and, as we see here at the table, there’s several items that look like products that we have had before.”

Lightford’s bill, dubbed the Hemp Consumer Products Act (SB3926), would also establish a licensing system for hemp product retailers and set requirements for the testing, packaging and marketing of hemp products. The measure, which is supported by the Illinois Cannabis Association, also mandates scientific research of hemp-derived intoxicating products to determine if they can be safely regulated and once again offered for sale in Illinois.

Tiffany Chappell Ingram, the association’s executive director, issued a statement calling for a “pause” of hemp intoxicant sales pending further research, according to a report from the Chicago Tribune.

“We look forward to working with legislators to find a path forward that empowers consumers, protects minors and ensures the state’s adult-use cannabis law lives up to its full promise, including uplifting social equity license holders and communities disproportionately impacted by the war on drugs,” she said.

Business Owners Call For Regulation, Not Prohibition

The Hemp Consumer Products Act is opposed by some lawmakers and many representatives of the hemp industry who believe the bill is too strict and likely to cripple the growing market for hemp products. Opponents of the bill held a press conference in the state capital of Springfield on Tuesday to make their case against the legislation and express support for a different hemp regulation bill.

Jennifer Weiss, founder and CEO of hemp products retailer Cubbington’s Cabinet in Chicago, said that she is afraid Lightford’s bill would set such strict limits that it would prohibit sales of non-intoxicating products such as CBD.

“We would have to shut our doors, as well as hundreds of other Illinois companies,” she said. “Let’s not go backward with out-of-touch prohibitions.”

Instead, the hemp entrepreneurs are backing a separate bill (HB5306) from Democratic state Representative Rep. La Shawn Ford. He said that Lightfoot’s bill would likely kill the state’s hemp industry while creating a new illicit market for hemp-derived intoxicating cannabinoids.

“Prohibition doesn’t work, and Illinois should reject going backward,” he said.

Ford’s bill would create a regulatory and taxation framework for hemp-derived cannabinoids such as CBD and delta-8 THC, including provisions for the licensing of businesses. The measure also limits sales of such products to adults aged 21 and older and sets a limit on the amount of THC contained in consumable hemp products. Additionally, the measure would ban look-alike hemp product packaging that copies the look of other consumer goods.

Ford said that he wants to prevent children from obtaining intoxicating hemp products and to take look-alike products off the market. He also said he does not want to endanger the state’s hemp industry, which could generate approximately $1.5 billion in state revenue over four years.

“We must do something about delta-8 and other unregulated delta hemp products now,” Ford said at Tuesday’s press conference. “Personally, I’ve been working with the industry calling for regulations for the better part of three years, and it’s time to act now,”.

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A professional organization of physicians who support drug policy reform is calling for the regulation of intoxicating hemp-derived cannabinoids including delta-8 THC, arguing that the safety of products containing the compound is unknown. The recommendation was recently made by Doctors for Drug Policy Reform (D4DPR), a group of healthcare professionals formerly known as Doctors for Cannabis Regulation.

“Our stance at D4DPR is that all intoxicating cannabinoids should be subject to a regulatory framework to ensure public safety,” the group wrote in a policy paper released this month.

In the paper, D4DPR notes that the legalization of hemp with the 2018 Farm Bill “may have inadvertently legalized the chemical conversion of hemp-derived cannabidiol (CBD) and other phytocannabinoids (those derived directly from the plant) into intoxicating minor cannabinoids like delta-8 tetrahydrocannabinol (∆8-THC, also known as delta-8).” The legislation, however, did not include provisions to regulate hemp-derived cannabinoids, leading to a thriving industry of products containing intoxicating compounds that is unregulated in many jurisdictions.

“Taking advantage of this opportunity, ∆8-THC (chemically synthesized from hemp CBD) quickly became available in various retail outlets such as gas stations, CBD shops, convenience stores, smoke shops, and online platforms,” the group notes in the paper. “Several states have now either banned or imposed regulations on its sale. However, in 22 states (as of November 2023), ∆8-THC remains legal and unregulated, with limited laboratory testing and taxation, lacking warnings about its intoxicating effects, without dosing limits, and easily accessible to minors.”

To address the issue, D4DPR called on policymakers to develop and enact a regulatory framework for all intoxicating cannabinoids, regardless of their source. The group included several recommendations for the regulations, including a provision that would only allow the sale of intoxicating compounds by licensed dispensaries. The group also called for “appropriate taxation” to fund public health initiatives and regulatory oversight of the cannabinoid market.

The group also recommended that sales of intoxicating cannabinoids be restricted to adults aged 21 and older. The recommendations call for intoxicating hemp products to be sold only in child-resistant packaging that does not appeal to minors, with clear labeling about the intoxicating effects of the product. Packages should also include the International Intoxication Cannabinoid Product Symbol (the silhouette of a cannabis leaf) to indicate their contents in graphic form.

The recommendations also call for required lab testing of intoxicating cannabinoid products for purity, potency and safety, with certificates of analysis available to consumers for inspection. The group also recommended that research into the clinical safety and toxicology of minor cannabinoids be conducted, noting that many of the compounds are new to the market 

D4DPR also recommended that regulations for intoxicating cannabinoids be aligned with those in place in states with medical marijuana or adult-use cannabis programs and that states without regulations develop them as soon as possible. The group also called for the rescheduling of cannabis at the federal level, noting that a ban on intoxicating or minor cannabinoids “will result in a continuation of the drug war, leading to negative outcomes on public health.”

“This policy stance reflects our commitment to safeguarding public health while ensuring reasonable access to cannabis- and hemp-derived products within a responsible regulatory framework,” the D4DPR concluded in its recent policy paper.

The policy paper from D4DPR joins a chorus of calls to regulate intoxicating cannabinoids. Last month, 21 state attorneys general sent a letter to congressional leaders asking them “to address the glaring vagueness created in the 2018 Farm Bill.” 

“The reality is that this law has unleashed on our states a flood of products that are nothing less than a more potent form of cannabis, often in candy form that is made attractive to youth and children — with staggering levels of potency, no regulation, no oversight, and a limited capability for our offices to rein them in,” they wrote in the letter.

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In the midst of blossoming cannabis and CBD reform throughout the West, hemp-derived cannabinoid products are increasingly taking center stage as legislators continue to raise red flags surrounding the lack of regulation and intoxicating potential of these products.

Just in the past several months, a number of states have moved to introduce new policies to limit or ban the sale of psychoactive hemp-derived cannabinoid products, like delta-8 THC. Similarly, many are calling out some of the issues surrounding the regulatory gaps surrounding hemp-derived products in the market.

Among them is CBD Oracle, a consumer research company aiming to improve safety and transparency surrounding cannabis products. 

Most recently, it turned its attention to CBD gummies and other hemp products available for purchase on Amazon.com. While the company notes that Amazon will “tell you confidently” that they do not allow CBD gummies on the platform, CBD Oracle’s new independent analysis on such products begs to differ.

A Look at Amazon’s Approach to Hemp and CBD Products

While Amazon doesn’t technically allow CBD products, CBD Oracle suggests that sellers on the site largely get around this obstacle by avoiding the term “CBD” and instead using “hemp” on packaging and in product descriptions. 

Neurogan CEO Jan Brandup said that Amazon’s “hemp products” are not related to actual hemp and rather use the term as a sales tactic.

“It’s alarming how easily consumers are deceived into trusting these products, just because they are sold on a reputable platform like Amazon,” Brandup said. “The best case is they may drain your wallet.”

Sunday Scaries CEO Mike Sill agreed, adding that many of the products on Amazon automatically lack credibility and ultimately quality due to the nature of the platform’s regulations.

“When you search for ‘CBD gummies’ on the platform, no reputable brands populate in your search results,” Sill said. “The reason for this is that credible brands like Sunday Scaries, Charlotte’s Web and cbdMD are not allowed to sell on Amazon without being banned.”

Rather, Sill said these companies engage in “brand burning,” meaning that once they are banned from Amazon, they essentially rebrand with a new name and packaging only to reupload the same products to the site and continue sales.

“Their business model doesn’t include a focus on building a reputable brand and providing the highest quality and safest products to consumers; they are just looking for a quick sale and will do whatever is necessary to stay ‘live’ on Amazon,” Sill said.

So what exactly do Amazon “hemp” products contain?

Investigating the Contents of Amazon’s ‘Hemp’ Products

In an effort to analyze the specific contents of CBD products on Amazon, the company purchased 56 of the most popular hemp products on the site and tested them through InfiniteCAL Labs. Most of the products (80%) were gummies, with eight tinctures, two topical creams and one pack of mints. A majority (89%) also made specific numerical claims regarding dosage.

Around 30% (17 of 56) of the products tested contained CBD, averaging 547 mg per package. However, there was a large variance in CBD quantity between products, with a minimum of 28 mg of CBD and a maximum of 1,582 mg. While CBD Oracle notes that this at least shows Amazon isn’t being totally dishonest about some of these products containing hemp and hemp compounds, it still violates Amazon’s policies and may not be legally compliant.

THC is also banned from Amazon sales, though six (11%) of the tested products contained the cannabinoid with the three containing the most comprised primarily of delta-8 THC. While all of the products were under the THC threshold set by the 2018 Farm Bill, the three delta-8 products “had very high quantities of THC” with 641, 2,507 and 3,028 mg per pack. The product with the highest amount of THC had 76 mg per gummy.

The majority of tested products (35 of 56 products, or 62.5%) contained no cannabinoids at all with more than a third (24 of 56 products, or 43%) containing no hemp.

InfiniteCAL Lab Manager Dr. Erik Paulson explains that hemp is typically infused into consumable products through hemp seeds, which contain no cannabinoids, or through extractable material pulled out of leaves, stems or buds — generally to create cannabinoid-infused products.

“Simply put, if you buy ‘hemp’ from Amazon it is likely that you will actually be buying an expensive jar of gummy bears. Gelatin and sugar, priced at a premium,” CBD Oracle notes in the report.

The report also confirmed that a whopping 96% of tested products did not advertise an accurate dosage.

“If we assume the dosage listing refers to cannabinoids (and not just the total mass of hempseed oil), just two products were confirmed by lab testing to have a dosage within 10% of that listed on their labels,” the report states. “They contained an average of just 25% of the advertised dosage. In most cases, this was less than advertised, but one product primarily containing delta-8 THC had twice the promised dosage.”

In addition, 52% of the products appeared to make an unapproved medical claim, and almost 95% of products did not provide Certificates of Analysis (COA), typically considered an essential for reputable companies selling hemp products.

A Growing Issue and Potential Solutions

While the report focused on Amazon products, CBD Oracle notes the prevalence of this trend, as other companies like eBay, Walmart and Alibaba carry similar products — sometimes the exact same options.

Authors note the potential ramifications of selling these products, beyond safety and health concerns, in that it could undermine the broader hemp and cannabis industries and the reform progress so many are actively pushing for.

“Amazon has demonstrated that they don’t understand the difference between hemp seed oil and hemp extract that contains cannabinoids,” said Forge Hemp’s Kelly Lombard. “As long as sellers are vague about a product’s contents, Amazon doesn’t seem to care. This is problematic because U.S. consumers need more information about hemp and CBD, not less. Amazon’s convenience and return policy may entice more consumers to try hemp products, but if their experience is negative, that hurts the industry.”

CBD Oracle also lists some potential solutions to remedy these issues, though they largely fall on Amazon to either adhere to more strict verification and COA guidelines, if not completely remove any products making false claims. They note that customers tend to have limited impact and that individual efforts to combat or report these products may ultimately result in frustration and wasted time. 

Authors also cite that the current model, a blanket ban on CBD encouraging companies to be dishonest and actively work around it, may not be the answer.

“Even establishing a bare minimum requirement for hemp sellers — showing an up-to-date lab report — would be enough to send the snake oil sellers running for the hills,” the report concludes. “Will you be able to pretend that CBD isn’t available on your platform? No. But customers who are buying CBD on your platform — who already exist, like it or not — would be much, much more likely to get safe products that offer what they say on the label.”

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Nearly two dozen attorneys general from across the country wrote a letter to congressional leaders this week, urging them to enact legislation to federally regulate intoxicating hemp products. In the letter, the top law enforcement official from 21 states wrote that the legalization of hemp with the 2018 Farm Bill has resulted in “the proliferation of intoxicating hemp products across the nation and challenges to the ability for states and localities to respond to the resulting health and safety crisis.”

The letter, dated March 20, was addressed to the committee chair and ranking minority members of the Senate Committee on Agriculture, Nutrition, & Forestry and the House Committee on Agriculture. The correspondence was led by Indiana Attorney General Todd Rokita and Arkansas Attorney General Tim Griffin, both Republicans, and co-signed by the attorneys general of 19 additional states, including Democrats and Republicans.

In their letter, the state officials call on the leaders in Congress “to address the glaring vagueness created in the 2018 Farm Bill.” The legislation has led to the proliferation of products containing psychoactive novel and minor cannabinoids that can be derived from hemp, including delta 8 THC, THCA, HHC and others.

“The reality is that this law has unleashed on our states a flood of products that are nothing less than a more potent form of cannabis, often in candy form that is made attractive to youth and children — with staggering levels of potency, no regulation, no oversight, and a limited capability for our offices to rein them in,” reads the letter.

To address the issue, regulators and lawmakers in many states across the country are seeking ways to stem the tide of unregulated intoxicating hemp products, arguing that they pose a health risk, particularly to young people. Advocates for tighter controls on intoxicating hemp products in states with legal weed note they pose a competitive threat to licensed marijuana businesses, which face the high costs and taxes often associated with the regulated pot industry.

Regulating intoxicating hemp products has been resisted by some businesses and industry advocates. Some companies marketing intoxicating hemp products have filed lawsuits to block new regulations, arguing that the 2018 Farm Bill specifically legalizes hemp-derived cannabinoids other than delta-9 THC.

These legal actions have produced mixed results. In Arkansas, a federal judge issued a preliminary injunction in September that bars the implementation of a law to ban intoxicating hemp products. 

“These inconsistent court rulings are part of the reason I have urged Congress to step in and create consistency across the nation to protect our children from these dangerous drugs,” Griffin said in an email to Politico.

California Attorney General Bonta, one of the attorneys general who signed the letter to congressional leaders, said that intoxicating hemp products constitute a health risk for young people.

“Our children deserve better,” Bonta said in a statement. “The 2018 Farm Bill, however well-intentioned, created a loophole that has led to the proliferation of products, often containing synthesized cannabinoids, that are more intoxicating than legal and regulated cannabis products. These products often take the form of candy and are designed to appeal to young people and children. California prohibits intoxicating cannabinoids in hemp products, whether naturally derived or synthetic. The California Department of Justice will continue to protect the legitimate businesses who are operating responsibly in this space.”

The letter calls on the leaders of the congressional agricultural committees to take action to regulate intoxicating hemp products by redefining hemp in the next farm bill, which is currently being debated in Congress. The legislation, which guides policy on a wide range of issues related to agriculture, is updated every five years, although progress on last year’s anticipated renewal of the legislation was delayed to this year.

“The reason Congress needs to act is that its definition of industrial hemp is the original source of the problem and the confusion that has sprung up around what is allowed and what’s not allowed under state and federal law,” Indiana Solicitor General James Barta said in an interview with Politico.

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More than one in 10 high school seniors reported recent use of products with delta 8 THC, according to the results of a study published this week. The study found that approximately 11% of 12th-grade students said that they had used delta 8 during the past year, reflecting the widespread availability of the hemp-derived cannabinoid that is sometimes referred to as “diet weed” or “light THC.”

The new research analyzed data from the Monitoring the Future survey, an ongoing study of the behaviors, attitudes and values of adolescents and young adults funded by the National Institutes of Health. The analysis showed that 11.4% of high school seniors had used delta 8 THC products in the last year. Of the 295 teens who reported using the compound, more than two-thirds (68.1%) said they had used it at least three times, while 35.4% had used it at least 10 times and nearly 17% used it at least 40 times. Nine out of 10 (91%) of delta 8 users also said that they used marijuana.

“Eleven percent is a lot of people — that’s at least one or two students in every average-sized high school class who may be using delta-8. We don’t know enough about these drugs, but we see that they are already extremely accessible to teens,” Nora Volkow, director of the National Institute on Drug Abuse, said in a statement about the research from the agency. “Cannabis use in general has been associated with negative impacts on the adolescent brain, so we must pay attention to the kinds of cannabis products teens are using, educate young people about potential risks, and ensure that treatment for cannabis use disorder and adequate mental health care is provided to those who need it.”

Delta 8 And The 2018 Farm Bill

The popularity of delta 8 THC skyrocketed after the 2018 Farm Bill legalized hemp at the federal level. Unregulated Delta 8 products were soon available at retailers including convenience stores, gas stations and smoke shops. Delta 8 products are particularly popular in states that have not legalized marijuana for recreational use, a trend that was reflected in data from the new study. About 14% of those in states without cannabis legalization reported delta 8 use, compared to 8% in states with legalization.

Dr. Adam Leventhal, executive director of the USC Institute for Addiction Science and one of the authors of the study, said that the new research illustrates how widely available delta 8 products are to young people.

“What we hadn’t known prior to this study was to what extent are these products reaching teens, which was a concern because they weren’t being comprehensively regulated,” Leventhal told CNN.

The researchers expressed concern that the widespread use of delta 8 by teenagers could lead to developmental issues or other negative effects. The long-term effects of delta 8 THC on teens are not known, although some cannabis research has shown that the drug can negatively impact memory, attention and the ability to learn in young people.

“Some of the concerns based on the underlying biology would be, of course, addiction, like what we see with marijuana, some of the neurodevelopmental changes that can happen because the adolescent brain is still forming and exposure to intoxicating substances can interfere with proper development of the brain pathways that support cognition and emotion regulation,” Leventhal said.

Jonathan Miller, the general counsel for the U.S. Hemp Roundtable, a trade group representing businesses in the hemp industry, said the results of the study were “shocking, but it’s not surprising.”

“Our hemp industry is filled with actors who provide good manufacturing practices and truth in labeling and make good efforts to keep intoxicating products out of the hands of minors, but there are unfortunately a lot of bad actors out there,” Miller said in a phone interview on Wednesday. “But the worst actor of all in this is the FDA. The FDA said when the farm bill passed in 2018 that it would take steps to start regulating hemp products and they’ve done nothing. And as a result, we’ve got a wild west.”

Miller noted that several states are taking action to regulate delta 8 THC, citing Kentucky as a state taking strong measures to keep intoxicating hemp cannabinoids out of the hands of young people. Until the FDA takes action, it will be up to states to pass rules governing hemp cannabinoids, leaving conscientious businesses with a murky regulatory environment to operate in.

Shawn Hauser, a partner at the cannabis and psychedelics law firm Vicente LLP and co-chair of the practice’s Hemp and Cannabinoids Department, said the study’s findings “illustrate the urgent need to federally legalize all cannabis (marijuana and hemp-derived products) with fundamental product safety standards governing product manufacturing, testing, labeling, marketing, etc.”

“The hemp market, which is particularly robust in states without marijuana programs, has inflamed the need for federal legalization of all cannabis products that equip state and federal regulators to appropriately protect consumer safety through regulation, enforcement, and consumer education,” Hauser wrote in an email to High Times. “Regulation is more effective than prohibition in keeping cannabis out of the hands of children.”

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Arizona Attorney General Kris Mayes recently issued a formal legal opinion on March 11, which addressed a question sent by Sen. Steve Montenegro and Sen. T.J. Shope, which inquired if selling delta-8 THC products (which also covers delta-10 products and any other “hemp-synthesized intoxicants”) at smoke shops or convenience stores violates state law.

Mayes’ summary answer immediately responds to the presented question. “No, Arizona law does not permit the sale of delta-8 and other hemp-synthesized intoxicants by entities that have not been licensed by Health Services,” Mayes wrote. “Irrespective of delta-8’s arguable federal legality under the 2018 Agriculture Improvement Act (“Farm Bill”), Arizona continues to define and regulate “industrial hemp” in a manner that precludes the sale of hemp-synthesized intoxicants in convenience stores, smoke shops, and other unlicensed locales.”

The opinion sets up an analysis supported with background history of cannabis in Arizona, starting with medical cannabis legalization in 2010, the effects of the 2018 Farm Bill, the state’s legalization of industrial hemp for some purposes (also in 2018), and the following surge in delta-8 THC products.

Mayes also utilizes Food and Drug Administration (FDA) concerns about unregulated delta-8 THC. The FDA previously said that “[s]ome manufacturers may use potentially unsafe household chemicals to make delta-8 THC through this chemical synthesis process,” and “[t]he final delta-8 THC product may have potentially harmful by-products (contaminants) due to the chemicals used in the process.” Further accounts claim unsanitary settings where products are processed, calling it a “’quite a soup’ of by-products and other unwanted compounds.” Also, Mayes includes that the FDA has received 104 reports regarding adverse effects of delta-8 THC product consumption between December 2020-February 2022, as well as 2,362 “exposure cases” involving delta-8.

Following this, Mayes begins the analysis portion of the legal opinion. “You have asked this Office to examine whether entities that do not possess a license to sell cannabis products by Health Services can lawfully sell products containing delta-8 THC or similar hemp-synthesized intoxicants,” Mayes wrote. “The answer to that question depends on whether products containing hemp-synthesized intoxicants constitute ‘controlled substances’ and/or ‘industrial hemp’ under Arizona law. As explained below, we conclude that state law prevents entities not appropriately licensed by Health Services from selling products containing hemp-synthesized intoxicants like delta-8 THC.”

Mayes cites that delta-8 THC products are listed as a controlled substance in Arizona, and that the state’s industrial hemp program “does not exempt hemp-synthesized intoxicants from Health Services’ regulation.”

State law defines cannabis as “all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.” Mayes included a 2019 court case, State v. Jones, in which the Supreme Court ruled on whether the state definition of cannabis also applies to hashish or cannabis extracts, to determine if medical cannabis patients are protected if they use extracts instead of dried cannabis flower. “‘All parts’ refers to all constituent elements of the marijuana plant, and the fact the resin must first be extracted from the plant reflects that it is part of the plant,” the ruling stated.

However, Mayes explained that this case does not apply to delta-8. “Jones’ plain import is that because [Arizona Medical Marijuana Act] legalized marijuana—an intoxicating substance—for certain purposes, it must be understood to have legalized a materially similar intoxicating extract of marijuana. Nothing in the case’s holding or reasoning supports its extension to the synthesis of an intoxicating product from a non-intoxicating product.”

Finally, the opinion ends with a final point that although the industrial hemp law was incorporated into federal law, it does not legalize delta-8 THC products.

Mayes concludes her opinion and reiterates that delta-8 THC products, as well as other hemp-synthesized intoxicants, can’t legally be sold by unlicensed sellers. “Arizona’s 2018 industrial hemp law did not create an exception to these laws,” she wrote. “Rather, in contrast to the federal Farm Bill, the industrial hemp law omitted hemp ‘extracts’ and ‘derivatives’ from the definition of industrial hemp and expressly provided that the State wished to ‘maintain strict control of marijuana.’ Delta-8’s sale by unlicensed entities like convenience stores and smoke shops is therefore unlawful.”

The Arizona Mirror spoke with Jonathan Udell, Arizona NORML communications director, about Mayes’ legal opinion, stating that she is giving the state’s cannabis industry a monopoly. “This is Attorney General Mayes giving the marijuana industry something that the legislature would not,” Udell said. “It’s a disappointing outcome.”

Udell provided an example, explaining that the Arizona Dispensaries Association (ADA) has introduced legislation in the past to regulate hemp-derived THC products by banning sales of such products or making it legal to sell them only at licensed dispensaries. According to a campaign finance report obtained by the Arizona Mirror, the ADA provided $40,000 to a political committee that spent approximately $367,000 in order to assist Mayes in getting elected to her position.

ADA executive director, Ann Torez, sent a statement to the news outlet, approving of Mayes’ opinion. “We believe it reflects the intent of Arizona’s voters and most importantly is in the best interest of public health and safety,” Torez said.

Additionally, the Arizona Mirror spoke with Phoenix-based attorney Tom Dean, who claims that Mayes’ legal opinion is very similar to a rebuttal of a legal analysis that he provided last year. “It’s just yet another example of what I think is a wrongheaded approach to marijuana policy in general,” Dean said. He added that Mayes’ opinion isn’t legally binding, and a lawsuit would be necessary in order to pursue a legal conclusion to the argument.

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A Florida legislative subcommittee on Monday advanced a bill to restrict psychoactive hemp-derived cannabinoids such as Delta 8 THC and Delta 10. The legislation, House Bill 1613, was advanced by the House Agriculture and Natural Resources Appropriations Subcommittee by a vote of 8-4. 

The 2018 Farm Bill legalized hemp and hemp products at the federal level, leading to a surge in new hemp businesses nationwide. Under the legislation, cannabis with no more than 0.3% Delta 9 THC (the compound largely responsible for the “high” experienced when smoking marijuana) on a dry weight basis is considered legal hemp under federal law.

Legalization Spawns New Hemp Products

The growth of the hemp industry has led to novel new products, including those containing psychoactive cannabinoids such as Delta 8 and Delta 10 THC. Such products are widely available in easily accessible locations including convenience stores, gas stations and smoke shops throughout the country, leading lawmakers in many states to take steps to regulate hemp-derived cannabinoids.

The legislation advanced on Monday would ban Delta 8, Delta 10 and other hemp-derived cannabinoids including hexahydrocannabinol (HHC), tetrahydrocannabinol acetate (THC-O), tetrahydrocannabiphorol (THC-P), and tetrahydrocannabivarin (THCv). 

“This bill is not designed to criminalize behavior,” Republican State Representative Tommy Gregory, the sponsor of the bill, said in a statement about the legislation cited by local media. “This bill is designed to be a consumer protection tool.”

The bill also redefines hemp to “outline that hemp extract may not exceed 0.3% total delta-9-THC concentration on a wet-weight basis or exceed 2 milligrams per serving and 10 milligrams per container on a wet-weight basis,” according to a report from Florida Politics. The new standard is more restrictive than the 2018 Farm Bill and would essentially ban many products available today, including full-spectrum CBD oils.

Jeff Sharkey, a hemp industry advocate, said the bill would help protect consumers from cannabinoids not naturally found in cannabis, which have not been studied for safety as much as Delta 9 THC and CBD.

“This is an attempt by the Legislature to reign in some of the synthetic products that are out there like under the guise of hemp,” said Sharkey.

Bill Has Vocal Opposition

Other proponents of the hemp industry including some lawmakers and small business owners agree that some regulation of hemp products is appropriate. However, they are concerned that HB 1613 is too restrictive and will harm or even destroy Florida’s hemp businesses, many of which are small, locally-owned enterprises. 

At Monday’s subcommittee hearing for HB 1613, Democratic Representative Hillary Cassel said that if the bill is approved by the legislature and signed into law by Republican Governor Ron DeSantis, it will destroy Florida’s hemp economy.

“You will go to another state,” she said to those in the hemp industry attending the hearing. “And we will find our consumers and Floridians in a position where they will be buying [hemp products] from the black market, buying it off the internet and having no idea what’s contained within that product.”

Michael Pool, who operates Tampa-based hemp retailer Astrobleme, said that the milligram cap in the bill would not only ban the psychoactive products targeted by the legislation. The bill would also affect many non-psychoactive products that people across Florida now use.

“I have products in over 80 stores across the state,” Pool told Florida Phoenix. “Most of those stores are doing $2,000 a month, $3,000 a month, to $4,000 a month in sales of my products. And to just completely remove that would not be to my detriment, but all those others.”

However, the sponsor of the legislation does not believe that HB 1613 will harm the legal hemp industry. Representative Thad Altman, chair of the Agriculture and Natural Resources Appropriations Subcommittee and a fellow Republican, asked Gregory how he thought passage of the bill would impact the state economy. 

“I don’t concede that that actually it’s going to have a negative fiscal impact on businesses or revenue derived from taxes based on those businesses,” Gregory maintained, but did foresee reduced state spending for “providing care for people that overdose when they’re self-medicating using these products that need further regulation.”

Later, Democratic Representative Dianne Hart asked Gregory directly, “Do we think that this may destroy a vital industry in our state?”

“No, I don’t have that concern at all,” Gregory replied. “I don’t think that it’s going to have that impact.”

Glen Sheppard and his wife operate Tallulah, the owner of a chain of smoke shops around Florida. He disputed Gregory’s assertion that the bill would hurt the state’s economy.

“To say that there won’t be any economic impact to the state of Florida, I can tell you that’s totally false,” Sheppard said. “It’s strange that somebody can come stand up here and claim one thing that’s totally, obviously not true at all.”

HB 1613 now heads to the House Infrastructure Strategies Committee. If the legislation is approved there, it will head to the floor for a vote by the full House of Representatives. A companion measure, SB 1698 from Republican Senator Colleen Burton, is expected to receive a vote on the floor of the Florida Senate this week.

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Yet another state is cracking down on hemp-derived products, some of which have intoxicating effects, and South Carolina’s approach to food products that contain hemp is among the most extreme.

The South Carolina Department of Health and Environmental Control (DHEC) issued a warning in a letter dated Jan. 22, banning the manufacture, distribution, and sale of food and beverage products containing hemp-derived products as ingredients in the state’s marketplace.

While CBD products can easily be found in most states thanks to a lack of clarity in federal regulations, the U.S. Food & Drug Administration (FDA) has repeatedly warned that products containing CBD are illegal under the Federal Food, Drug, and Cosmetic Act. 

The FDA routinely issues warnings that adding CBD to a food means those products are adulterated, or against products with any sort of medical claims, but the agency has delayed finalizing rules.

“Therefore, the following hemp products are NOT APPROVED to be added to food or beverage products,” the letter reads. 

• Viable, non-sterilized hemp seeds, raw hemp leaves, and raw microgreens, and any other raw, unprocessed form of hemp biomass as they are considered “plant material” and may not be possessed without a Grower or Processor License 
• Pure CBD Isolate 
• Delta-8 THC, Delta-9 THC, or Delta-10 THC 
• THC-0 or any other derivative 
• “Full spectrum” whole-plant extract (i.e. “full spectrum hemp oil/extract” from biomass) if it includes health claims, or bears any sort of declaration of THC or CBD 
• Any hemp product that is NOT manufactured in a food-grade establishment inspected under GMP or cGMP regulations. 
• Any hemp or hemp-derived product that promotes its medical or health benefits

The only exceptions are basically hemp seed derivatives. “The FDA evaluated three Generally Recognized As Safe (GRAS) notices for hemp products and found that the use of such products as described in the notices is safe. Therefore, the following hemp products may be legally marketed in human foods and are APPROVED to be used as ingredients in food and beverage products,” the letter continues.

• Hulled hemp seed (GRAS Notice GRN No. 765; FDA Response Letter), 
• Hemp seed protein (GRAS Notice GRN No. 771; FDA Response Letter)
• Hemp seed oil (GRAS Notice GRN No. 778; FDA Response Letter) 

“While DHEC’s goal is to educate while we regulate this growing niche of manufacturers and distributors of foods and beverages containing hemp-derived products as ingredients, our obligation under the requirements of both federal and state law is to remove from commerce all food and beverage products containing non-conforming hemp-derived products as ingredients,” Sandra Craig, Director of the DEHC’s Division of Food and Lead Risk Assessments, said in a letter announcing the bans.

Sellers can use full-spectrum whole-plant extract as an ingredient in food and beverage products if and only if the hemp-derived ingredient meets the following requirements: 

• A “full spectrum” hemp oil or extract from biomass contains the naturally occurring ratios and array of phytonutrients found in hemp. 
• Using a full spectrum hemp oil as an ingredient must be referred to in the ingredients list on the food or beverage label as “Full Spectrum Hemp Oil” or “Full Spectrum Hemp Extract.” The label may not contain health claims and may not bear any sort of declaration of “THC”, “CBD”, or “Delta-9” products or isolates. 
• When companies in South Carolina receive their “full spectrum hemp oil/extract” from their approved supplier, it must contain no more than 0.3% Delta-9 THC, as evidenced by Certificates of Analysis (COAs). The use of concentrates or “work in progress hemp oil from biomass” containing more than 0.3% Delta-9 THC, is illegal. Companies may NOT use “crude” hemp-derived oil, “work in progress” hemp oils over 0.3% Delta-9 THC, non-food grade oils, or dilute hemp oils containing an illegal amount of THC (> 0.3%) to a “legal” level. Hemp products containing more than the legal limit of THC are no longer considered to be hemp but are a Schedule I Drug. Hemp products that contain more than 0.3% THC are NOT ALLOWED to be possessed by anyone in South Carolina, and they are NOT ALLOWED to be introduced into foods or beverages.

The letter also bans any mention of THC, dosages, and several other restrictions. The letter also reminds hemp sellers that only intrastate hemp product sales are allowed.

But they’re not only going after hemp-derived cannabinoid products that are synthetically derived from hemp biomass, and known for psychoactive effects—i.e. delta-8 THC, THC-O, etc.—they’re going after products with CBD, hemp leaves, plant material and more as well. Delta-8 THC only appears in nature in minute amounts, and intoxicating amounts have to be re-added to hemp via a refluxing process in a lab. This is why states are opting to either crack down on it or regulate it like marijuana. The 2018 Farm Bill opened a legal loophole, accidentally legalizing these ingredients. Delta-8 THC products seeped into the medical markets in some states.

At least a dozen other states are actively pursuing solutions to ban hemp-derived products in one form or another.

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Minnesota legalized adult-use cannabis in 2023 and medical cannabis back in 2014, and with the emergence of the pending market comes a new report documenting the cannabis habits among consumers in the state.

While the report primarily looks at consumption and buying habits of Minnesotans, it also notably suggested that the state will need a minimum of 381 cannabis dispensaries across the state. This is because of state law, which requires one dispensary for every 12,500 Minnesotans.

The report details the findings of a project commissioned by the Minnesota Office of Cannabis Management looking to better understand current attitudes of cannabis consumers and demand in the state. Specifically, it pulls from data collected from the June 2023 and Sept. 2023 Regulatory Determinants of Cannabis Outcomes Survey (RDCOS), which is used to gather state-specific data on cannabis-related outcomes and administered on a quarterly basis.

Data collected from 494 participants residing in Minnesota who completed the full survey were included in the sample, and all were past-year cannabis consumers. The percentage of participants residing in each county is “almost perfectly correlated with the percentage of actual Minnesota residents in each county,” so authors suggest that the data is consistent with actual county populations in the state.

Minnesotan Cannabis Usage Habits Examined

The report first looks at consumption frequency among respondents, noting that 83% of qualified participants consumed cannabis at least monthly, with 40% consuming cannabis daily or almost daily. It also notes that 40% of the total sample said they are medical cannabis patients. 

Authors clarify that these figures are “likely no representative of the absolute prevalence of past-month cannabis consumption among past-year consumers in the state, not of medical cannabis participants in the broader cannabis consuming population,” stating that the RDCOS successfully oversampled frequent consumers to provide greater confidence in quantifying total demand.

The report notes that these patterns are consistent with other U.S. states, with individuals in the sample consuming flower and concentrates slightly less (11 days out of the month versus 12 days in the national sample for flower and five days versus six days in the national sample for concentrates). Edibles and vapes were consistent between Minnesota and national data, at seven and eight days out of the month, respectively.

The report also looked at alternative cannabinoid consumption, with more than 50% of the sample reporting the use of at least one alternative cannabinoid over the past month and 68% indicating use of alternative cannabinoids in the past. 

Delta-8 THC was the most popular for past-month use at 32% followed by CBD at 31%. More participants said they used CBD “before, but not in the past month” at 40%, though numbers still remained strong in this category for delta-8 at 33%.

A Closer Look at Obtaining Cannabis in Minnesota

Participants reportedly obtained 24.77 grams of cannabis within the past month across the entire sample, a slightly higher figure than the national average “suggesting a robust market for cannabis-related businesses,” the report says.

Most participants said they obtained cannabis from friends and family (67.6%), followed by adult-use dispensaries (61.3% — though the report notes this likely means lower-potency hemp-based edible retailers given that recreational cannabis dispensaries are not yet up and running). Dealers were the next largest source (53.4%) followed by medical dispensaries (42.7%).

Participants were most likely to report sourcing cannabis from a dealer more than once over the past month compared to the reported frequency of sourcing from other options, with 41% of those purchasing from a dealer reporting going two or more times in the past month. In contrast, 35% of those sourcing from adult-use dispensaries went two or more times, along with 26% of those utilizing medical dispensaries.

“Importantly, these data suggest an overall high prevalence of obtaining cannabis from a dealer, an illicit source, among Minnesota residents, which stands to reason as legal adult-use sources are not fully available,” the report notes.

About 25% of the sample also reported cultivating cannabis at home, with two cannabis plants on average per participant.

Looking Big Picture

Finally, the report looked at broader practices around cannabis consumption, finding that respondents on average traveled 18 minutes each way to purchase cannabis, similar to the national sample. 

Participants in the sample spent a median of $40 on cannabis within the past month, a slightly lower figure than respondents in states with similar adult-use cannabis laws from the national sample (a $75.50 median).

While the report notes that there will be “no less than 381 retail registrations” given the state’s population size, authors state that many local governments may look to have more retail registrations than the minimum so that number may very well be higher when the market finally finds its footing.

“It is impossible at this time to understand the necessary supply of cannabis vs. hemp needed to accommodate total demand without further research,” authors wrote. “Until the adult-use market is launched and sales for both types of outlets can be thoroughly assessed, estimates of adequate product supply and outlets for the adult-use program will likely be inaccurate.”

The full report is available here via KSTP-TV.

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