Delta-8 THC Bud at the Farmers Market is causing a stir in Missouri

A stall selling delta-8 THC hemp sparked controversy at St. Louis’ historic Soulard Farmers Market, in the heart of Soulard near downtown. In addition, the bud was sold in large quantities, which attracted more attention. The delta-8 THC hemp was reportedly sold in bulk in containers and a sign said “10 pounds. for $5,000.”

The Bud Man stall at the farmers’ market has been cited as the culprit, but the herb isn’t what onlookers think it is. Smoked delta-8 THC hemp is virtually indistinguishable from the high-potency cannabis found in medicinal cannabis dispensaries across Missouri, but is generally regulated very differently. According to St. Louis city officials, Bud Man’s products fall into the legal CBD category.

The City of St. Louis Department of Parks, Recreation and Forestry oversees Soulard Market. The department was fully aware of the CBD products being sold, but not the delta-8 THC. A representative said they checked beforehand that no controlled substances were being sold at the stand.

“Our department reviewed the prior request from this particular vendor and we worked directly with legal counsel to ensure necessary compliance with state law guidelines,” said Greg Hayes, director of parks, recreation and forestry, in a statement. “We have also created an addendum regarding the sale of CBD products. The seller had provided the city with a notarized document stating that all products at this particular booth were tested and within the legal parameters. Vendor request did not include Delta 8 products.”

While it’s common to see CBD products and hemp oil products at farmers markets across the country, Delta 8 products, which resemble smokable cannabis, are a different story.

The legality of delta-8 THC products is often disputed. Only cannabis with greater than 0.3% delta-9-THC on a dry weight basis is considered cannabis to be a Schedule 1 drug under federal law. However, delta-9 THC is the only isomer of THC listed and delta-8 products are not considered a controlled substance under the DEA as reported by Kight Law.

The Farmers Market organizers were not amused. Fox 2 News reports that the stand will not be allowed back on the market until further notice.

While delta-8-THC can be considered legal under some definitions, the compound has also come under a lot of criticism – inside and outside of the cannabis community – due to the way the compound is extracted from hemp.

Workers at licensed medicinal cannabis dispensaries, such as Missouri Wild Alchemy, based in O’Fallon, Missouri, say the Soulard stand will only add to the confusion.

“Certainly, for us trying to serve the community with lab-tested, high-quality THC, it might seem a little concerning to see it in tubs like these on the side of the freeway,” said Alexandria Hitchcock of Missouri Wild.

Delta-8 THC products are also controversial within the community, as the compound is converted from CBD in a laboratory process. Converting CBD to delta-8 THC involves “refluxing” CBD in an organic solvent with an acid acting as a catalyst.

However, delta-8-THC is ubiquitous in a number of hemp-derived products including gummies, cartridges, oils, and so on. It is also commonly smoked as hemp flower. To date, adult-use cannabis has not been legalized in the state. Only medicinal cannabis is regulated in a safe manner.

A Missouri lawmaker introduced sweeping legislation legalizing recreational cannabis last February. The Cannabis Freedom Act, or House Bill 2704, was introduced in the Missouri House of Representatives by Ron Hicks, a Republican from St. Charles. The bill would legalize cannabis for adult use, regulate recreational cannabis trafficking, and quash convictions for prior cannabis offenses.