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? Much of this was already covered in a recent webinar hosted by our firm a few weeks ago.
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:
- The commercial viability of extracting naturally occurring Delta-8 THC in quantities sufficient to make actual products; and
- 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.
Originally published 1 March 2021.
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