After the passage of the 2018 Farm Bill authorizing the production of hemp, the number and variety of hemp-derived products being sold to consumers has proliferated greatly. While the majority of products have been based on extracts high in non-intoxicating or mildly intoxicating cannabinoids such as CBD, CBG or CBN, here has been a recent rise in the production of intoxicating products derived from hemp, including (but not limited to) delta-8 THC, delta-10 THC, HHC, and THC-O-Acetate. Recent court rulings have supported the claim that these types of products are federally legal if they do not contain greater than 0.3% delta-9 THC.
Accordingly, manufacturers are increasingly producing edible products that contain less than 0.3% delta-9 THC by weight that can contain as much or more THC as manufactured edibles in the legal regulated cannabis market. An analysis of 53 samples for a study published by CBD Oracle shows that while most products labelled to be infused with hemp-derived delta-9 THC did contain less than 0.3% delta-9 THC, there were often large differences in actual THC values compared with the label claims. Additionally, the origin of the delta-9 THC is variable based on the cannabinoid profiles of the samples.
The analysis of the data for the CBD Oracle study as well as a broader discussion on the legal landscape of hemp-derived delta-9 THC will be presented.
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