This loophole makes hemp-derived delta-9-THC legitimate
In the past few months, cannabis users have stumbled upon an intriguing array of cannabinoid products online and on tobacconist shelves: hemp-derived delta-9-THC edibles.
Yes. Even in states without access to legal weed, people can buy treats — mostly gummy bears, but also baked goods and other edibles — that contain real THC.
How the hell is that possible?
Read on to learn more about hemp-derived delta-9-THC, from its origins in hemp and “mother liquor” to the crazy loophole that makes it all possible.
Transform hemp into “mother liquor”.
The hemp-derived cannabinoid market exploded in late 2018 when Congress legalized hemp through the US Farm Bill.
The bill defines hemp as any cannabis sativa plant that contains less than 0.3% THC. Many consumers associate hemp with the non-psychoactive cannabinoid CBD, which is easily extracted from the plant.
But the Farm Bill gave manufacturers excess hemp that they could convert into CBD, and then in turn into one of many psychoactive cannabinoids like delta-8-THC, delta-10-THC, HHC, or THC-O-acetate.
Delta-9-THC derived from hemp also comes from CBD.
As veteran cannabinoid scientist James Stephens explains to Leafly, when CBD is crystallized and extracted from hemp, a liquid by-product known as “mother liquor” is left behind.
This tasty concoction contains a blend of naturally occurring cannabinoids in reduced amounts from the extraction process, including Delta-9 – real THC.
Stephens explained that mother liquor is key to creating delta-9 THC edibles. He believes that 95% of manufacturers just toss the liquid into their Delta-9 gum and don’t bother to further isolate the THC.
While mother liquor is the golden ticket that allows manufacturers to create hemp-derived delta-9-THC, we now need to examine the legal loophole that allows it to be sold.
The “dry weight” loophole
Alright folks, this is where things get a little shaky… and require a bit of math.
The 2018 Farm Bill gave the green light to hemp products containing less than 0.3% THC on a dry weight basis. This distinction allows hemp-derived Delta-9 to thrive.
Let’s say you have a brownie that weighs a hundred grams. Again, according to the Farm Bill, only 0.3% of the dry weight of this brownie is allowed to be THC.
Using that math, you could technically cram just under 300 milligrams of hemp-derived THC into this brownie for it to be legal. And that’s exactly what manufacturers have done with their hemp-derived Delta-9 edibles.
Just like regular THC, these products vary in strength. The gummies typically range from 8 to 15mg per piece, although some contain much more. Packs often contain 10 gummies.
However, could a company use the same loophole for an infused drink? No, because it has practically no dry weight.
Wait… is hemp-derived delta-9-THC even legal?
For now, hemp-derived delta-9 THC remains legal in most states as long as it stays within the 0.3% limit. About a dozen states have restricted or restricted the sale of hemp-derived cannabinoids and/or THC isomers in general, such as Delta-8.
Will more states ban delta-9-THC from hemp?
Stephens, for example, believes that states will eventually intervene. Otherwise, he argues, those with legal cannabis will lose tax dollars. “I think we’ll see states protect tax revenues long before we see federal action,” he said.
Is Delta-9 THC Derived From Hemp As Potent As Regular THC?
We don’t yet have much data on whether hemp-derived delta-9 produces the same effects as regular THC. Some websites argue that the two compounds are identical.
Still, Stephens believes the hemp-derived high is significantly milder.
“To me it’s much more like a beer or a bit of alcohol than a cannabis high. I find it a much more enjoyable experience and less likely to have any negative effects,” he told Leafly.
Many companies publish inaccurate test data and disregard government THC limits
A warning to potential consumers: not all hemp-derived delta-9 THC products offer accurate testing information, or even contain regulatory levels of THC.
This April, cannabis research and reviews site CBD Oracle conducted a study of 53 different hemp-derived Delta-9 edibles to see how many had accurate test results and met state THC limits. The results are shocking.
According to the study, while nearly all of the products met the Farm Bill’s legal definition of THC — in terms of their dry weight — more than half of the products “deviated significantly from their advertised dosage.”
The study found that the dosages “were also much higher than the allowable dosages for edibles in legal states, about 3.7 times higher than the maximum allowed in states like Colorado or California.” Many have not even tested for heavy metals and other contaminants.
Oops!
We encourage you to review the study for yourself to see which products are eligible for accuracy and security in your area.
Max Savage Levenson
Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.
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