by Nathalie Bourgenies, Attorney at Harris Bricken
For the past year, my colleagues and I have written extensively on the murky legality of Delta-8 tetrahydrocannabinol (THC). We have covered everything from the Drug Enforcement Administration (DEA)’s position on “synthetically derived THC” to the growing number of state bans. You can read more on these issues here:
Today, we turn to the Hemp Industries Association (the HIA)’s recent public announcement, in which the nonprofit expressed its support for the controversial cannabinoid.
The HIA statement is significant because it departs from many other hemp organizations’ position on Delta-8 THC. To date, most hemp advocacy groups that have spoken on the matter, including the U.S. Hemp Roundtable, have distanced themselves from Delta-8 THC, which is produced through isomerization, a chemical reaction that combines hemp-derived CBD with a solvent, acid, and heat. This segment of hemp stakeholders, fears the chemically-produced substance may destroy years of efforts convincing lawmakers that hemp is a safe, nonintoxicating, versatile commodity that offers a wide range of commercial opportunities for farmers, manufacturers, distributors, and retailers.
It is true that most Delta-8 THC sold in the U.S. is largely unregulated, readily accessible to minors and highly coveted for its psychoactive effects. For these reasons, it is easy to see how the controversial cannabinoid could further stigmatize and bring down the entire industry before it has an opportunity to show the plant’s full potential.
While the HIA’s position diverges from other hemp groups’, it isn’t surprising given the organization’s track record of defending the interests of the hemp industry. Since 1994, HIA has initiated four lawsuits, including two filed in the fall of 2020, in which HIA challenges the legality of the DEA’s controversial Interim Final Rule, which, in part, menaces the burgeoning Delta-8 THC industry by broadly stating that “[a]ll synthetically derived tetrahydrocannabidiols remain schedule I controlled substances.” This language is at the root of the legal uncertainty surrounding Delta-8 THC, and DEA has yet to clarify whether it actually takes the position that the conversion of hemp-derived CBD into Delta-8 THC renders the substance a “synthetically derived” THC.
The HIA’s position on the legality of Delta-8 THC consists of an 11-page document drafted by the organization’s attorneys, Rod Kight and Philip Snow, and of a press release, which are briefly summarized as follows:
So while on its face the HIA’s position differs from other prominent industry organizations, it essentially advocates for the same thing: safe, regulated products that will afford the hemp industry tremendous financial opportunity.
Re-published with the permission of Harris Bricken and The Canna Law Blog
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