How different the Delta 8 and 9 THC laws are in Canada

Delta-8 hit store shelves in Canada, but many are wondering why processors would want to make a semi-synthetic THC variant. Consumers claim Delta-8 is strong but less intoxicating than Delta-9 THC. However, Canadian producers could target regulatory loopholes with THC variants.

“Synthetic” is an ambiguous word, especially for cannabinoids. However, semi-synthetic implies that chemists have modified a naturally occurring organic substance with fully synthetic reagents.

A by-product of impractical regulations

Delta-8-THC became popular in the US after the Farm Bill removed CBD-derived hemp products from the proposed drug list – below 0.3% delta-9-THC. The alternative isomer is a product of bad regulatory policies. And four years after it was legalized in Canada, manufacturers are finally taking notice of Delta-8.

CLN reported that delta-8-THC is not included in regulations in Canada. However, Health Canada claimed that at the time they were monitoring regulatory nuances in new product applications. According to an earlier email response from Health Canada, the department expects manufacturers to avoid loopholes created by THC isomers. (1)

Although cannabis regulations do not specifically refer to delta-8 THC, Health Canada expects licensed processors not to intentionally manufacture and market cannabis products designed to circumvent these types of important public health controls. Health Canada is closely monitoring the use of delta-8 THC in Canada and other jurisdictions to assess this evolving situation and determine if any action may be needed.

Tammy Jarbeau | Senior Media Relations Advisor | Communications and Public Affairs Division serving Health Canada and the Public Health Agency of Canada

Canada’s federal overview of THC alternatives

Delta-8 THC products hit the Canadian market in September 2022. The release of the D8 gummies was about to be reviewed by Health Canada. However, the department has no update regarding semi-synthetic THC alternatives as of October 19, 2022.

One website sells the product as Sunshower – D8 Solar Punch Gummies, with ten gummies in a pack, each containing 1mg of THC. But the website doesn’t explicitly define the isomer of THC. (2)

Has Health Canada changed its regulations on Delta8-THC products?

On September 22, 2022, the Canadian government initiated legislative review of the Cannabis Act, which aims to protect the health and safety of Canadians while serving as a flexible framework that addresses the ongoing and evolving needs of Canadians. An independent panel will lead the review and work with the public, experts, government and other stakeholders to ensure that the Cannabis Act continues to meet the needs and expectations of Canadians.

Jarbeau | Senior Media Relations Advisor serving Health Canada

As of July 11, Health Canada has received 71 additional applications for new cannabis extracts and edibles containing Delta 8 THC. The total number of applications received by her department containing D8-THC is 285 at the time of writing. (1, 2)

What does New Product Approval mean?

As with Delta-8 THC, cannabis regulations in Canada do not apply to other intoxicating semi-synthetic cannabinoids. In June of this year, Nextleaf Solutions issued a press release detailing the lack of an excise tax on a THC-O-Acetate. However, a study shortly thereafter discovered that cannabinoid acetates emit a toxic ketene gas. (3)

They currently have no plans to invest in Delta-8 THC, although Nextleaf Solutions founder and CEO Paul Pedersen provides detailed nuances for processors to consider when launching a new cannabis product.

Producers have a responsibility to ensure they comply with the requirements of the Cannabis Act and Cannabis Regulations, including the sale of a cannabis extract that contains anything that, if used as intended, may cause harm to the health of the user.

Paul Pederson | Founder and CEO of Nextleaf Solutions

Health Canada’s Senior Media Relations Advisor confirmed that the approval of a new product does not guarantee that a Delta 8 THC edible or vape pen will be suitable for sale.

Under the Cannabis Regulations, licensed manufacturers must provide Health Canada with 60 days’ notice when selling a cannabis product in Canada for the first time. This requirement applies to all cannabis products.

This notice does not constitute an authorization for sale by Health Canada, nor does it mean that the product meets any legal or regulatory requirement. Licensed processors are responsible for ensuring that their products comply with the Cannabis Act and its regulations

It also does not mean that a product will be launched, as many factors affect the final product availability.

Jarbeau | Senior Media Relations Advisor serving Health Canada

Rules beyond the reach of the Fed

Delta-8 THC may serve patients and consumers with a different experience than Delta-9. However, Health Canada does not accept THC isomers as an excise tax loophole or as a workaround for the concentration limit. (1) However, federal regulations are just one hurdle manufacturers must overcome. (2)

Provinces and territories, which are responsible for determining how cannabis is distributed and sold in their jurisdictions, would be better placed to provide insight/information regarding the availability of these cannabis products at the retail level.

Jarbeau | Senior Media Relations Advisor serving Health Canada

Let us know in the comments if you’ve tried a legal Canadian D8 product. What are your experiences with alternative THC isomers?

This story was edited on October 19, 2022.

Sources

1. Notice from Senior Media Relations Advisor for Health Canada, July 11, 2022.
2. Notice from Senior Media Relations Advisor for Health Canada, October 19, 2022.
3. Munger KR, Jensen RP, Strongin RM. Vaporizing cannabinoid acetates leads to ketene formation. Chem. Res. Toxicol. 2022;35(7):1202-1205. doi:10.1021/acs.chemrestox.2c00170
4. Geci M, Scialdone M, Tishler J. The Dark Side of Cannabidiol: The Unexpected Social and Clinical Implications of Synthetic Δ8-THC [published online ahead of print, 2022 Oct 19]. Cannabis Cannabinoid Res. 2022;10.1089/can.2022.0126. doi:10.1089/can.2022.0126

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