Hemp-Derived Delta-8 THC: Legal Loophole Or Synthetic Analog Of A Schedule I Substance?...

Husch Blackwell LLP

Delta-8 has been the topic of many conversations over the last year in various cannabis circles. Is it legal? How will hemp-derived Delta-8 THC impact the state-legal marijuana industry? How is Delta-8 THC extracted from hemp and in what quantities?

Demonstrating how popular the idea of hemp-derived Delta-8 THC has become, yesterday the New York Times latched onto this subject as well. While the legality of Delta-8 THC extracted from hemp is complex and of a dubious nature, what we also find interesting is the science of where Delta-8 THC extracted from hemp is likely coming from.

The New York Times did not address two critical questions in analyzing the legality of Delta-8 THC derived from hemp:

  1. The commercial viability of extracting naturally occurring Delta-8 THC in quantities sufficient to make actual products; and
  2. If Delta-8 THC is naturally present in hemp plants in very small amounts, how much of the Delta-8 THC being sold into commerce outside of the state-legal marijuana industry is being synthetically derived from CBD?

From our perspective, interested parties looking to take advantage of this potential loophole should take a long, hard look at what the answers are to these questions.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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