Delta 8 THC regulation continues to be a hot topic in Washington state

Washington state regulators are signaling their willingness to regulate Delta-8-THC products for sale in licensed cannabis dispensaries, though chemical experts say the problem needs to be investigated before rules can be drafted. The Washington Liquor and Cannabis Board announced that it intends to regulate the sale of Delta-8 THC products sold in the state’s licensed marijuana dispensaries.

Last year, the US Drug Enforcement Administration (DEA) ruled that Delta-8 THC, a cannabinoid that occurs naturally and can also be processed from CBD, is a controlled substance that is not protected by the 2018 Farm Bill, which regulates hemp cultivation and products obtained from it legalized from the harvest. Since then, at least a dozen states, including New York, have banned the production and sale of Delta-8s.

The April Washington Cannabis Board’s policy statement said the DEA’s interpretation of federal hemp regulations was unenforceable and that the agency would issue regulations for Delta-8s sold in licensed cannabis dispensaries. At a meeting of chemists from the University of Washington, Washington State University, and private laboratories organized by the board last week, researchers said studies on Delta-8 have so far been limited.

“Frankly, the Delta-8 area didn’t do too much because it does almost the same thing as Delta-9,” said Nephi Stella, professor of pharmacology and psychiatry at the University of Washington and co-director of the school’s cannabis research center .

The cannabis board’s policy statement states that it is not legal to sell Delta-8, which is made from CBD or other cannabinoids, in licensed pharmacies. However, some groups, including the Washington Cannabusiness Association, believe the Liquor and Cannabis Board could regulate the extraction of naturally occurring delta-8 THC.

“We think we are unfortunately looking for more from (the cannabis board) focusing on good or bad cannabis rather than consumer safety,” said Vicki Christophersen, the trading group’s chief executive and lobbyist.

Brad Douglas, a bio-chemist at The Werc Shop, a cannabis testing lab based in Southern California, didn’t make a statement on whether state officials should regulate Delta-8 but said it could.

“I see a way with ingredient standards and regulations to test and regulate these products so they can be used safely,” said Douglas. “This is pure opinion and based on my understanding of science and toxicology. But I think it’s possible. “

Colorado is backing away from the Delta 8 THC regulation

Last week, Colorado lawmakers removed an amendment to the Cannabis Growing Act, HB 1301, which, among other things, would have banned all products containing delta-8 THC. In a statement to the High Times, Henry Baskerville, an associate of Fortis Law Partners of Colorado, applauded House Majority Leader Daneya Esgar for convening a conference committee to consider the change. The committee rejected the amendment by 5-1 on Friday.

“Because Delta-8 is a hemp-derived cannabinoid, it had no place in HB 1301, a bill regulating outdoor cannabis cultivation,” Baskerville wrote. “If passed, the change could have ended outdoor cannabis growing in Colorado and wrongly banned Delta-8. With the prospect of arbitrarily eliminating Delta 8 from Colorado’s commercial landscape, lawmakers resigned. “

However, Baskerville also noted that the Colorado Department of Public Health and Environment decided in May to ban Delta-8 from all foods, beverages, and supplements. The attorney urged the Health Department and the Colorado Marijuana Enforcement Division to exercise restraint as authorities pick up input from stakeholders this week to regulate Delta-8 THC.

“Delta-8 products in states across the country are made from hemp, which is a legal agricultural crop under the 2018 Farm Bill,” Baskerville said. “Hemp products, from textiles to building materials to cannabinoids, are just as legal as the plant itself.”