Why it matters: The debate over how to regulate Delta-8 THC is obstructing wider cannabis industry reform efforts in Illinois and other states, making the passage of legislation tricky.
What they are saying: A cannabis industry reform bill recently failed at the May deadline in Illinois due to stakeholders not finding common ground during the final days of the session. A subsequent proposal to regulate Delta-8 THC stalled broader reform efforts, pushing the entire bill back until the fall session.
The big picture: Delta-8 THC is a naturally occurring cannabinoid found in hemp and is psychoactive with effects similar to its more famous cousin, Delta-9 THC. While everyone reacts differently, it is understood that Delta-8 provides a milder, more physical high compared to Delta-9’s cerebral effects. The Farm Bill of 2018 legalized national hemp production, allowing cultivators to produce the plant if it contains less than 0.3% of THC in its chemical makeup. As a result, hemp manufacturers began producing and selling psychoactive Delta-8 products.
What to watch: Regulation of Delta-8 THC in the US varies, with at least 14 states banning Delta-8 THC products altogether. Colorado lawmakers introduced bipartisan legislation to regulate any intoxicating hemp-derived cannabinoid, while Minnesota recently became the 23rd state to legalize adult-use cannabis, offering producers licenses for cannabis and hemp-derived products.
My take: Access to some form of psychoactive cannabis via Delta-8 THC is a plus, but it may prompt people to switch to Delta-9 THC. Extracting Delta-8 is more expensive and takes much more effort than its more potent cousin, and Delta-9 is also preferred by many medical patients and recreational users, so Delta-8 shouldn’t obstruct access to Delta-9. Regulating and outlawing a plant based on its chemical levels is nonsensical and doesn’t work, as nature always finds a way.
