Some 120 brands are selling hemp-derived delta-9 products online.
Joshua Grigaitis, owner of Pop’s Blue Moon bar in St. Louis, sells cans of seltzer containing delta-9 THC, a form of the psychoactive ingredient found in marijuana. He is using a legal loophole in federal law, despite recreational marijuana being illegal in his state, because his version comes from hemp.
Grigaitis thinks he is on solid legal footing in selling the seltzer because it comes from hemp, not marijuana, two plants from the same Cannabis genus. Still, he labels the cans with the percentage of THC by volume, which refers to a federal limit allowed for hemp, anticipating scrutiny of his product.
“The medical marijuana and recreational marijuana industries are very regulated to the point where identification, passports, driver’s licenses are all held very tightly at these dispensaries,” said Eric Wang, vice president of sustainability for the U.S. Hemp Roundtable, a Kentucky-based trade group.When a bipartisan group of lawmakers passed the 2018 Farm Bill, the advertised aim was to help struggling farmers by allowing them to grow industrial hemp.
His hemp-derived delta-9 is made from one of two methods: extracting the cannabinoid from the hemp plant itself or through a chemical conversion in which CBD from the hemp is dissolved in a solvent, Grigaitis said. The company is exploring both methods to determine the pros and cons of each, he said.
In the meantime, at least a dozen states have passed laws limiting sales of another hemp-derived substance, delta-8, which is also intoxicating but not as strong as delta-9. But states have been slow to catch up with these new drug products. But Miller said that with new federal regulations, hemp-derived products “would be available in the same locations where you can buy marijuana products, so there would be an even playing field.”Other industry groups and the National Organization for the Reform of Marijuana Laws have also called for the FDA to regulate hemp-derived products.
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