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.