Developments in six states this month reflect the growing national movement to crack down on hemp-derived delta-8 THC and other intoxicating hemp compounds that have flourished due to a loophole in federal law.
The six – Virginia, Illinois, Indiana, Louisiana, Texas and Connecticut – have either enacted or are considering outright bans, or strictly regulating the substances, which are widely available in common retail outlets under no age limitations and often marketed in packaging that appeals to children.
“This loophole soon caused an alarming public health crisis,” according to a brief written by attorneys representing the state of Virginia, where the number of calls to poison control centers involving children under 5 who had consumed edibles containing the substances rose from about 200 in 2017 to more than 3,000 in 2021. The national network of poison control centers said nearly 8,000 people reported adverse effects after consuming products containing intoxicating hemp compounds between 2021-2023.
“In the absence of us doing anything, there’s just this huge legal gray area, and it breeds a ton of problems,” said Indiana State Rep. Jake Teshka, who authored an unsuccessful attempt to regulate the intoxicating hemp products during his state’s last legislative session.
The products are sold as an alternative to marijuana, which contains the psychoactive compound delta-9 THC. In addition to delta-8 THC – the most popular of the intoxicating hemp compounds – the troublesome “high”-producing substances at issue include THCA, delta-10 THC, THC-O-acetate, HHC, THCP and others. Most of the substances start with hemp-derived CBD base material that then goes through a synthetic process.
States throughout the U.S. are working to get their arms around the runaway market for the products – referred to variously as “diet weed,” “marijuana light,” or “gas station pot” – which are sold in convenience stores, bodegas, CBD shops and other retail outlets in the form of gummies and other edibles. Online ads also push e-commerce sales, fueled by forums and social media, where producers and bloggers suggest the hemp products help ease chronic pain, an unproven claim.
Read more at Hemp Today