PSA: Oregon will ban all Delta-8 THC products this Friday
Hey, Oregon… it’s time to stock up.
Starting this Friday, July 1, all Oregon businesses — including gas stations and grocery stores — will be banned from selling any “man-made cannabinoids.” That means not only strong hitters like delta-8 and THC-O, but also non-psychoactive compounds like cannabinol (CBN).
Though a dozen states have moved to ban Delta-8 and other hemp-derived cannabinoids that work similarly to THC, Oregon will be the first state to ban all man-made cannabinoids.
What does “artificially obtained” mean? Good question.
As per Oregon’s own legal definition, the term refers to any substance produced by altering the molecular structure of a compound derived from any cannabis plant, including hemp.
Delta-8 THC hits the spot as it is synthesized from CBD, which is typically extracted from hemp plants.
However, under the new law, the extraction of naturally occurring cannabinoids in the cannabis plant remains legal as long as it is licensed by the state.
State officials argue that due to a lack of testing protocols, the ban is necessary to ensure the safety of these hemp-derived cannabinoids. However, manufacturers of the affected products see the rules as arbitrary and excessive.
“We’ve always been based in Oregon,” Gabe Parton Lee, general counsel of well-known brand Wyld CBD, told Willamette Week. “But if this is how the state of Oregon is approaching future cannabis policy, why would we be interested in staying here when we can find another state that has a much more forward-thinking view?”
Why a total ban?
The Oregon Liquor and Cannabis Commission (OLCC) says a lack of adequate testing necessitated the ban.
“We don’t have tests for the entire universe of chemical reagents that you could use to synthetically convert one cannabinoid into something else, or any of the by-products of that reaction,” Steven Crowley, the OLCC’s hemp and processing compliance specialist, said The Oregonians.
OLCC officials did not respond to multiple requests for comment on this story.
The FDA reported that 104 people experienced “adverse events” after consuming Delta-8 products in the past year. Just over half of them required medical assistance. Two-thirds of these “side effects” involved edibles.
What is covered by the Oregon ban?
The Oregon ban applies to all hemp-derived cannabinoids, including delta-8, delta-10, and THC-O (aka THC acetate). It also contains non-psychoactive cannabinoids like CBN, which has shown some success as a sleep aid.
Regulators have made a short-term exception to their ban: Edible CBN products can be sold without OLCC approval until July 2023.
That should at least give some brief relief to companies like Wyld, whose elderberry CBN gum is a big seller.
“Depending on the state, it’s 20% to 30% of our revenue,” Parton Lee told Willamette Week.
The OLCC has also offered manufacturers an additional — albeit particularly weak — concession: Beginning in July 2023, the ministry will allow licensed marijuana dispensaries to sell hemp-derived edibles as long as they receive GRAS (“Generally Recognized as Safe “) of the Food and Drug Administration (FDA).
Currently, however, the FDA has only approved one hemp-derived product, Epidiolex, which doctors can prescribe to treat seizures.
But that concession only applies to edibles. Hemp vape carts? Oregon can say goodbye to these forever.
The rule comes despite a federal ruling in May this year that found the U.S. Farm Act of 2018 allows and legally protects the manufacture of hemp-derived cannabinoids. However, this ruling does not prohibit states from making their own laws.
Related
I tried Delta-8 THC: This is what it feels like
Will other states enact similar bans?
Oregon’s ban on lab-made cannabinoids has fueled speculation as to whether other states will follow suit.
An OLCC spokesman confirmed to The Oregonian that other states are indeed considering similar bans. Unfortunately, the department did not respond to our request for clarification.
Meanwhile, 20 states have banned or restricted the production, sale, and possession of psychoactive cannabinoids like Delta-8. These states are:
| Alaska | Michigan |
| Arizona | Mississippi |
| Arkansas | Montana |
| California | new York |
| Colorado | Nevada |
| Connecticut | North Dakota |
| Delaware | Rhode Island |
| Idaho | Utah |
| Iowa | Vermont |
| Kentucky | Washington |
Be sure to check the laws of your state to ensure you are legally obtaining and possessing your cannabis products.
Max Savage Levenson
Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.
Check out Max Savage Levenson’s articles
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