Delta 8 dispute hampers pot reform in Illinois

The dispute over how delta-8 THC should be regulated is hampering overall cannabis industry reform in Illinois (and it’s not the only state). Unfortunately, while the hemp-derived cannabinoid allows access to THC in states where cannabis is illegal, debates over Delta-8 are now complicating general legalization for adult use and making legislation more difficult to pass.

Most recently, a bill to reform the cannabis industry in Illinois failed within the May legislature period. The setback is due to the failure of those involved to find common ground in the final days of the spring session. If passed, the law would have increased space under canopies for craft shops, allowed pharmacies to operate drive-through windows and offer curbside pickup, and gave social equity retail license holders an additional year to own real estate to back up. However, a proposal to regulate delta-8 THC was then tackled. The dispute over whether Delta-8 should be banned or how cannabis should be regulated halted the other broader reform efforts.

As a result, they have delayed the entire bill until the fall session, Democratic Illinois Assemblyman LaShawn Ford, the bill’s sponsor, told Capitol News Illinois. Ford is opposed to including a delta-8 THC ban in the bill until they get more insight from state regulators and industry representatives. “We need to regulate it, make it safe, make sure it’s taxed and treat it like cannabis,” Ford said.

Delta-8 THC comes from the naturally occurring cannabinoid in hemp. It is psychoactive and has effects similar to its better-known cousin, Delta-9. Both are isomers of THC, but one has a double bond on the eighth carbon chain while the other has the same double bond on the ninth carbon chain, giving the cannabinoids their names: delta-8 THC and delta-9 THC. While everyone’s reaction is different, it’s common knowledge that Delta-8 produces a milder, more physical high compared to the cerebral effects of Delta-9, the THC that everyone (well, not everyone) knows and loves.

While cannabis is still illegal at the federal level, hemp production is now entirely legal at the national level following the passage of the $867 billion Agriculture Improvement Act of 2018 (better known as the Farm Bill). Growers are allowed to grow the plant if its chemical composition contains less than 0.3% THC. Because people will always find a way to get high, hemp manufacturers have started developing and selling psychoactive Delta-8 products. In addition to offering something psychoactive to residents of illegal states, Delta-8 accuses the federal government of the absurdity of their legislation. Regulating and banning a plant based on chemical amounts is nonsensical and doesn’t work – nature finds a way.

While it’s great that Delta-8 gives people access to some form of psychoactive cannabis, many may want to make the switch to Delta-9. First of all, extracting Delta-8 takes a lot more effort (and can be more harmful to the environment) than regular old Delta-9, which is just more prominent.

Delta-8 is also more expensive to produce, but manufacturing concerns aside, Delta-9 is just plain stronger. There are many medical patients and recreational users who simply prefer the stronger and more ethereal effects of Delta-9 and it is a shame that the Farm Bill, with hopes of eventual legalization of cannabis, now stands in the way of adult use and Access to Delta-9.

Regulation of Delta-8 varies across the United States. At least 14 states have banned delta-8 THC products altogether, and that number is likely to increase over the next year. For example, in early 2023, Colorado lawmakers introduced bipartisan legislation to regulate all intoxicating cannabinoids derived from hemp (aka Delta-8). Conversely, Minnesota, which recently legalized cannabis for adult use, becoming its 23rd state, offers manufacturing licenses for cannabis and hemp-derived products. In a stoner’s perfect world, one would have affordable, easy, and equal access to hemp and cannabis products without fear of the government. Until then, however, we will continue to report on the patchwork of cannabis legalization in the US