I have previously written about the manufacturers of products containing Delta-8 THC who are exploiting what they perceive as a loophole in the 2018 Farm Bill's legalization of Hemp and its "derivatives, extracts, cannabinoids, isomers" by selling ingestible products that are just as intoxicating as the Delta-9 THC found in federally unlawful Marijuana. They would have consumers believe that Congress somehow intended for the chemicals in Hemp to be converted into psychoactive compounds, but nonetheless maintained the federal prohibition against Delta-9 THC. Of course this was not Congress' intent, but as a result of this perceived loophole, consumers are at risk because Delta-9 THC products are not regulated for safety the way state-legal adult use and medical marijuana products are.
The Nebraska Attorney General and the California Attorney General have filed lawsuits recently under their states' consumer protection statutes targeting the manufacturers of products containing Delta-8 THC, noting the health and safety risk to consumers because of the unregulated nature of these products — products containing Delta-8 THC are often mislabled as to THC potency, are not tested for contaminants, and are often marketed in packaging attractive to minors without the appropriate warnings. In contrast, state-legal adult-use and medical marijuana, may not be sold unless compliant with regulations that require the testing and labeling of THC potency and contaminants, and that restrict marketing attractive to minors.
In the 2018 Farm Bill, Congress legalized Hemp and preserved the prohibition against Marijuana based on the psychoactive effect of Delta-9 THC at a concentration of .3% or more on a dry weight basis. It did so knowing that federal policy has permitted states to adopt adult-use and medical marijuana legislation legalizing Marijuana, i.e., cannabis containing Delta-9 THC at a concentration of .3% or more on a dry weight basis, provided those states regulate Marijuana products. Congress did not intend to create an entire industry of unregulated Hemp products containing compounds like Delta-8 THC, which are just as intoxicating as the Delta-9 THC in Marijuana. State AG consumer protection lawsuits against manufacturers exploiting a perceived loophole in the 2018 Farm Bill may be necessary to protect consumers from these unregulated and potentially harmful products.
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