How will the country react to the delusion?

Just like the US, Europe needs to figure out how to deal with the growing trend towards Delta-8 cannabis products, and it is clear that the controversy is only just beginning.

On the U.S. side of the cannabis conversation, there’s a new cannabinoid in town these days. If you haven’t heard of Delta-8 by this point, you are likely living under a rock. The cannabinoid is marketed as a “lighter”, if not “less paranoid” version of Delta-9 THC. Even better, at least initially for intrepid business owners determined to beat the odds if not jumping the shark into spreading across multiple states, Delta-8 can be chemically derived from hemp.

There is, of course, only one problem with all of this, and this is where that argument meets science. Delta-8 can be made by simply oxidizing (exposure to air) the good old Delta-9 THC and from any type of plant. So the delta between the deltas is very small. Just because Delta-8 (like Delta-9) can also be derived from hemp, it has been reported that the cannabinoid gives consumers similar psychoactive effects of Delta-9 while in a legal gray area.

Amid the excitement, American states have started to notice as the craze has spread following the passage of the 2018 Farm Bill to legalize hemp at the federal level. Kentucky and Vermont have both warned hemp farmers that trading Delta-8 could get them into federal hot waters. Another dozen states have already enacted regulations for mixing this cannabinoid with food, cosmetics, and other consumables.

So far, however, this discussion has not reached Europe. What is the probability and in what form could this happen? It could all be a storm in a teacup, or it could turn the equation around in an interesting way, especially across borders.

Shutterstock

Europe, extraction and CBD

There is a possibility that Delta-8 could start a major legal battle somewhere in Europe, especially in a market like Switzerland, if not Portugal, Luxembourg, Holland or even Italy. This is because the CBD market is making progress thanks to the European Commission (EC) decision on cannabidiol (namely, that it is not a narcotic drug) last fall. And these countries are all in the process of initiating or formalizing their recreational cannabis experiments, or having formalized the CBD market in some way.

In addition, there is of course another moving piece that is unknown in the USA. Currently, almost all extractions from CBD are going the novel food route (see recent battles in the UK and Europe on this subject).

However, Delta-8 is not “just” another CBD extract. Indeed, given its chemical similarities to Delta-9, there is every reason to believe that the extract would automatically be classified as a narcotic by the EC. Since it is also an extract from the hemp plant, it could also be called a “novel food” – just like CBD was previously.

In places where there is clearly a recreational cannabis market in Europe or already exists (see Holland), such issues are left to local regulators. There is no reason to believe that they will not automatically label such products with narcotics unless they ban them outright, just like their American counterparts, before they even get to the novel food discussion.

But is that the whole story?

Delta to Delta: The Oxidation Discussion and Imports

One of the most fascinating aspects of the cannabis revolution is the chemical processes that occur during the life of the plant to create the cannabinoids themselves. The fact that Delta-8 can be “made” from Delta-9 cannabis also means that there will be potential medical implications for the same, if not cross-border, import discussions.

Specifically, a GMP-certified producer could also produce large quantities of cannabis that actually travel across national borders, age and are not necessarily intended for medical markets in other European countries, but rather for the emerging leisure market. This means that until there are concrete efforts to close this gap, producers in Portugal, Greece and other feeder countries could easily deliver products to Switzerland and not to the medical but also to the leisure market, which is also shortly before the Origin stands in the country start.

It is also likely that in some markets where only CBD has been legalized, the black market, if not the Delta-8 gray market, will hit the market. That is less likely in Europe just because of the strict labeling of narcotics and pharmaceuticals, but it could certainly slip through the cracks temporarily.

The Delta 8 conversation could finally trigger a conversation about organic farming in Europe. EU-BIO was not at the forefront of such discussions, but Delta-8 might well get it there, especially as extraction regulations including HACCP fall under this regulatory umbrella across the region.

For now, however, this is all guesswork. It is unlikely that the European Commission will step down on the classification of Delta-8, any more than it has on the other cannabinoids it has started to define and analyze.

However, it’s likely that Delta-8 will make its debut in Europe, perhaps as early as next spring, pushing the frontier if not the overall discussion, even if there isn’t a quick and easy fix.