THE PROMISE AND PERIL OF DELTA-8 THC
Hemp-derived Delta 8-THC has recently received attention as a possible legal alternative to Delta 9-THC derived from regulated cannabis. The hemp-derived Delta 8 issue has made headlines, from The New York Times to Hemp Industry Daily. Is it legal? It’s unclear at the federal level, and in some states, Delta-8-THC derived from hemp is illegal, even when hemp is legal.
Generally, any substance derived from hemp is legal under federal law (and most states’ laws) because hemp is excluded from the definition of “marihuana” under the Controlled Substances Act. In addition, in Colorado, licensed cannabis business may put hemp ingredients into cannabis products as long as the hemp THC content is below 0.3%. McAllister Garfield has recently interacted with the MED to clarify that it likely is a violation of state law to use hemp-derived Delta-8-THC and convert it to Delta 9-THC to supplement the THC content in a cannabis product. Any state licensed cannabis business considering this should consult with McAllister Garfield before proceeding.
Outside of the regulated cannabis industry, the sale of Delta 9-THC remains a gray area that should be carefully reviewed.
Cannabis and hemp industry participants looking to produce or sell Delta-8-THC should consider their legal liability. If you have questions about Delta-8-THC or any other issue concerning hemp, please contact Dan Garfield at 720-722-0048.
Related Article
Emerging Trends In Psychedelic Laws: Implications for Practitioners
As the psychedelic renaissance continues, legal landscapes globally are evolving rapidly. What was once a fringe area of medical research and therapy is now moving towards mainstream acceptance, driven by promising results in clinical trials and changing public perceptions. For practitioners, these shifts present both exciting opportunities and complex challenges. This blog post explores emerging […]
McAllister Law Office – Psychedelic Law Update – June 2024
1. With Sean McAllister as one of their lawyers, The Church of The Eagle and The Condor is recognized as the third religious organization authorized to use ayahuasca in the United States. In a career highlight, I was honored to one of five lawyers representing The Church of The Eagle and The Condor (“CEC”) in […]
Navigating New Realms: The Crucial Role Of Legal Guidance In Psychedelic Business Start-Ups
In recent years, the interest in psychedelics for therapeutic purposes has surged, offering a promising frontier in both medical science and entrepreneurship. However, the burgeoning field of psychedelic businesses also presents a unique set of legal challenges. For start-ups in this industry, navigating the complex regulatory environment is not just about compliance, but also about […]