{"id":64047,"date":"2023-04-18T12:40:40","date_gmt":"2023-04-18T20:40:40","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2023\/04\/18\/missouri-lawmakers-turn-attention-to-regulating-delta-8-thc-products-as-marijuana-market-matures\/"},"modified":"2023-04-19T19:47:17","modified_gmt":"2023-04-20T03:47:17","slug":"missouri-lawmakers-turn-attention-to-regulating-delta-8-thc-products-as-marijuana-market-matures","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2023\/04\/18\/missouri-lawmakers-turn-attention-to-regulating-delta-8-thc-products-as-marijuana-market-matures\/","title":{"rendered":"Missouri Lawmakers Turn Attention To Regulating Delta-8 THC Products As Marijuana Market Matures"},"content":{"rendered":"<p><img loading=\"lazy\" src=\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2023\/04\/MM_Bill_Tracker_V5_blank-113.jpg\" width=\"1500\" height=\"1500\"> <\/p>\n<p><em>\u201cI feel like this is operating under a loophole right now.\u201d\u00a0<\/em><\/p>\n<p><strong>By Rebecca Rivas, Missouri Independent<\/strong><\/p>\n<p>As he was checking out at a convenience store one day, state Rep. Kurtis Gregory (R) said he looked down and saw \u201cdelta-8 THC\u201d products being sold.<\/p>\n<p>He had no idea THC, the intoxicating component mostly associated with marijuana, could be sold openly outside of dispensaries.<\/p>\n<p>\u201cI messaged a few folks and to my surprise, yep, that is completely at this point legal to be sold,\u201d Gregory, a Republican from Marshall, said during a House committee hearing on Tuesday.<\/p>\n<p>The products that caught Gregory\u2019s eye give people a high by way of a concentrated amount of delta-8 tetrahydrocannabinol (THC) that\u2019s typically manufactured from hemp-derived cannabidiol, or CBD.<\/p>\n<p>Because hemp is legal, hemp-derived THC products avoid the intense scrutiny marijuana receives. In fact, they are completely unregulated by the state and federal government.<\/p>\n<p>There\u2019s no law saying teenagers or children can\u2019t buy them or stores can\u2019t sell them to minors\u2014though some stores and vendors have taken it upon themselves to impose age restrictions of 21 and up. And there\u2019s no requirement to list potential effects on the label or test how much THC is actually in them.<\/p>\n<p>Gregory\u2019s\u00a0<a href=\"https:\/\/house.mo.gov\/bill.aspx?bill=HB1328&amp;year=2023&amp;code=R\" target=\"_blank\" rel=\"noopener\">bill<\/a>\u00a0would task the Missouri Department of Health and Senior Services with regulating these products, as the agency currently does for the state\u2019s marijuana program. And the products would have to be sold at DHSS-licensed dispensaries.<\/p>\n<p>\u201cThe reason I\u2019m doing this right now is there\u2019s currently no age limits on it,\u201d Gregory said. \u201cI feel like this is operating under a loophole right now.\u201d<\/p>\n<p>During the Tuesday hearing, a number of people\u2014from delta-8 businesses and law enforcement to the American Academy of Pediatrics and lawmakers\u2014agreed that there needs to be age restrictions and regulations in product labeling and testing.<\/p>\n<p>But both Republican and Democratic lawmakers pushed back on the idea of forcing the industry under the umbrella of DHSS, saying that would allow the \u201cmarijuana monopoly\u201d to take over this market given the limited number of licenses for dispensaries available.<\/p>\n<p>Rep. Ben Baker (R) talked about a business owner who went through the expensive medical-marijuana license application and was denied. Now he\u2019s selling hemp-derived THC products.<\/p>\n<p>\u201cThe ones behind the initial rollout of the medical marijuana weren\u2019t greedy enough,\u201d Baker said, \u201cand now they\u2019re coming after the businesses that made the best of it.\u201d<\/p>\n<p>The marijuana instantly became big business in Missouri after voters passed a constitutional amendment allowing medical marijuana in 2018. Competition for licenses became fierce when the state capped the number of applications it would approve, initially issuing 338 licenses to sell, grow and process marijuana\u2014the minimum required in the constitution.<\/p>\n<p>Widespread reports of irregularities in how applications were scored fueled criticism of the industry and accusations that insiders were building a monopoly. That criticism spilled into last year\u2019s campaign to legalize recreational marijuana.<\/p>\n<p>Another concern, critics said, is that hemp is federally legal, and lumping it in with the regulations of a controlled substance could result in lawsuits.<\/p>\n<p>Gregory\u2019s bill also states that no facility \u201cshall manufacture or sell any product that contains synthetic cannabinoids or cannabimimetic agents,\u201d which opponents say would hurt hemp businesses overall.<\/p>\n<p>\u201cI\u2019m not inclined to think that the closing of the loophole should entail as effectively torpedoing the entire industry,\u201d said Rep. Tony Lovasco (R).<\/p>\n<p>Democratic Rep. Peter Merideth of St. Louis agreed.<\/p>\n<p>\u201cThis bill sounds like it\u2019s sort of using a hammer,\u201d he said, \u201cinstead of a scalpel to address this problem.\u201d<\/p>\n<h3 class=\"editorialSubhed\"><strong>The federal farm bill<\/strong><\/h3>\n<p>The 2018 Farm Bill removed hemp and hemp seeds from the Drug Enforcement Administration\u2019s (DEA) schedule of controlled substances.<\/p>\n<p>But at the time, lawmakers likely didn\u2019t realize that with some technology and chemistry, people could extract enough THC to create products that \u201chave lots of different feelings,\u201d Josh\u00a0Grigaitis,\u00a0owner of the\u00a0Mighty Kind Company, told The Independent in an interview last month.<\/p>\n<p>And the federal government hasn\u2019t caught up to figure out how to regulate these products.<\/p>\n<p>\u201cIt\u2019s moving way faster than they know how,\u201d said\u00a0Grigaitis\u00a0whose company produces hemp-derived delta-8 and delta-9 seltzers. \u201cSo for the last five years, this has been bounced around between the [U.S. Food and Drug Administration]\u00a0and currently, they have put it on Congress to enforce or regulate the space of hemp.\u201d<\/p>\n<p>In January, the\u00a0FDA\u00a0issued a statement <a href=\"https:\/\/www.marijuanamoment.net\/fda-announces-it-will-not-issue-rules-to-allow-cbd-as-dietary-supplements-or-food-items-punting-to-congress-for-regulations\/\" target=\"_blank\" rel=\"noopener\">that the regulation needs to happen<\/a>, and the agency is \u201cprepared to work with Congress on this matter.\u201d<\/p>\n<p>Missouri does not have a regulating agency for hemp. The state punted that regulation to the U.S. Department of Agriculture last year. A USDA spokesperson said the agency only regulates the concentration of total delta-9 THC in raw hemp.<\/p>\n<p>\u201cThe 2018 Farm Bill did not specifically address delta-8 and the USDA regulation does not regulate hemp products. Delta-8 is manufactured in laboratory facilities for which USDA has no jurisdiction or enforcement capabilities.\u201d<\/p>\n<p>In March 2021, the USDA issued a\u00a0<a href=\"https:\/\/www.federalregister.gov\/documents\/2021\/01\/19\/2021-00967\/establishment-of-a-domestic-hemp-production-program\" target=\"_blank\" rel=\"noopener\">rule<\/a>\u00a0stating: \u201cDelta-8 THC is unrelated to the 0.3 percent delta-9 THC limit or the \u2018post-decarboxylation delta9 THC.\u2019\u201d<\/p>\n<p>Lisa Cox, spokeswoman for DHSS, said the agency is only authorized to regulate medical and adult-use of cannabis, not hemp-derived products.<\/p>\n<p>The lack of authority on a state and federal level presents a problem for people in the hemp industry who are advocating for regulations.<\/p>\n<p>\u201cThe federal government kind of leaves us out in limbo,\u201d said John Grady, a product developer with Slaphappy Beverage Company, which sells delta-8 drinks, on Tuesday. \u201cIt goes back and forth between agency and agency that nobody actually wants to pull the trigger and regulate things.\u201d<\/p>\n<p><strong>\u2014<br \/>\n<strong>Marijuana Moment is <a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\">tracking more than 1,000 cannabis, psychedelics and drug policy bills<\/a> in state legislatures and Congress this year. <a href=\"https:\/\/www.patreon.com\/marijuanamoment\" target=\"_blank\" rel=\"noopener\">Patreon supporters<\/a> pledging at least $25\/month get access to our interactive maps, charts and hearing calendar so they don\u2019t miss any developments.<\/strong><br \/>\n<a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\"><img loading=\"lazy\" class=\"alignnone wp-image-9128 size-medium\" src=\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2023\/04\/MM_Bill_Tracker_V5_blank-112.jpg\" alt=\"\" width=\"300\" height=\"300\" \/><\/a><br \/>\n<strong>Learn more about our <a href=\"https:\/\/www.marijuanamoment.net\/bills\/\" target=\"_blank\" rel=\"noopener\">marijuana bill tracker<\/a> and become a <a href=\"https:\/\/www.patreon.com\/marijuanamoment\/\" target=\"_blank\" rel=\"noopener\">supporter on Patreon<\/a> to get access.<br \/>\n\u2014<\/strong><\/strong><\/p>\n<h3 class=\"editorialSubhed\"><b>Hemp vs marijuana<\/b><\/h3>\n<p>Both hemp and marijuana belong to the same species, Cannabis sativa, and the two plants look somewhat similar.<\/p>\n<p>The defining difference between hemp and marijuana is their psychoactive component: THC.<\/p>\n<p>The term THC most often refers to delta-9 THC, which is the most prominently occurring THC in cannabis.<\/p>\n<p>According to the Centers for Disease Control and Prevention, marijuana refers to all parts of the plant Cannabis sativa with more than 0.3 percent delta-9 THC by dry weight.<\/p>\n<p>Any part of the plant containing 0.3 percent or less THC by dry weight is defined as hemp.<\/p>\n<p>In its natural form, delta-8 THC only exists in only small quantities in the plant and is estimated to be about 50-75 percent as psychoactive as delta-9 THC.<\/p>\n<p>But there\u2019s a synthetic way to amp that up, and this is what Gregory\u2019s bill takes aim at.<\/p>\n<p>Hemp tends to have more CBD than marijuana, which is a compound or cannabinoid found in the cannabis plant that is not psychoactive. However, CBD can be synthetically converted into delta-8 THC, as well as delta-9 THC using a solvent, acid, and heat to produce higher concentrations of delta-8 THC than those found naturally in the plant.<\/p>\n<p>These \u201csynthetic cannabinoids\u201d are what Gregory was surprised to see in the convenience story, and it\u2019s what his bill would ban the manufacturing of.<\/p>\n<p>There\u2019s little research on delta-8, but one collaborative\u00a0<a href=\"https:\/\/jcannabisresearch.biomedcentral.com\/articles\/10.1186\/s42238-021-00115-8\" target=\"_blank\" rel=\"noopener\">study<\/a>\u00a0from the University of Buffalo and University of Michigan found delta-8 had better effects than delta-9, as far as causing less paranoia, anxiety, particularly among pediatric cancer patients.<\/p>\n<p>\u201cIt\u2019s paradoxical that different states and municipalities are opening up to delta-9, it\u2019s becoming more available and increasingly legalized, and yet they\u2019re putting the brakes on delta-8, even though it seems to have a better profile in terms of its effects,\u201d\u00a0<a href=\"https:\/\/www.buffalo.edu\/news\/releases\/2022\/01\/009.html#:~:text=Delta%2D9%20tetrahydrocannabinol%20is%20more,is%20about%20half%20as%20potent.\" target=\"_blank\" rel=\"noopener\">said Daniel Kruger<\/a>, an affiliated research professor at UB\u2019s School of Public Health and Health Professions.<\/p>\n<p>It takes a $500,000 machine to extract delta-8, which is why there are only about 20 companies in Missouri doing it, Sean Hackmann, president of the Missouri Hemp Trade Association, told The Independent.<\/p>\n<p>Through his company Grandpa\u2019s Family Farms, Hackmann produces and sells delta-8 gummies and CBD.<\/p>\n<p>\u201cThey call it unregulated, which technically, it is,\u201d he said. \u201cIt\u2019s self regulated, except for the fly-by-night idiots who don\u2019t care. We spent a lot of money on testing these products to make sure there\u2019s no metals\u2026 contaminants or anything in these products.\u201d<\/p>\n<p>There isn\u2019t a requirement to put anything on his labels, but his 20mg edibles say: \u201cThis product produces a similar effect to THC. Do not operate machinery during or after consumption. Effects may exceed 8 hours.\u201d<\/p>\n<p>The association strongly urges its members to put an age restriction of 21 and up on their delta-8 products. They\u2019ve been working on legislation that would outline this restriction and other regulations for hemp-derived products, he said but it has not yet been filed. The association is opposed to Gregory\u2019s bill.<\/p>\n<p>Anthony David, owner and CEO of Green Precision Analytics, a DHSS-licensed Missouri marijuana testing facility, testified Tuesday in favor of the bill.<\/p>\n<p>\u201cWe don\u2019t know exactly what\u2019s in the product and often where it came from,\u201d David said. \u201cThe process of isomeric conversion and these hemp products is massively dangerous and can include corrosive chemicals.\u201d<\/p>\n<p>David said he hopes the bill isn\u2019t seen as \u201can attack on the hemp industry.\u201d<\/p>\n<p>\u201cIt\u2019s purely a safety issue,\u201d he said.<\/p>\n<h3 class=\"editorialSubhed\"><strong>Cases of poisoning in children<\/strong><\/h3>\n<p>Julie Weber, director of the Missouri Poison Center, said that since recreational use was legalized in November, the number of poisoning cases from delta-8 has dropped.<\/p>\n<p>\u201cIt doesn\u2019t mean that the exposures are not occurring,\u201d Weber told The Independent in an interview last week. \u201cBut the turn has really been to the edible cannabis products that we are seeing a definite increase in our cases.\u201d<\/p>\n<p>In 2022, they had 25 cases involving delta-8 cases for all ages. And so far this year, there have been three cases. None were children.<\/p>\n<p>The growing cause of poisoning is the marijuana edibles, she said. For cases of children five and under, it\u2019s increased from seven cases in 2018 to 125 cases in 2022. Both forms of intoxicants concern Weber.<\/p>\n<p>\u201cOne may just cause a more potent high or a stronger reaction than the other,\u201d she said. \u201cEither way, I\u2019m sure that it\u2019s not a good feeling for the children.\u201d<\/p>\n<p>And as a poison expert, the lack of regulation is a big concern.<\/p>\n<p>\u201cDo we really know what is being put into that product?\u201d she said. \u201cThat\u2019s the scary part.\u201d<\/p>\n<p><a href=\"https:\/\/missouriindependent.com\/2023\/04\/14\/missouri-lawmakers-take-aim-at-unregulated-delta-8-thc-hemp-products\/\" target=\"_blank\" rel=\"noopener\"><em>This story was first published by Missouri Independent.<\/em><\/a><\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"WUycBVAVQK\">\n<p><a href=\"https:\/\/www.marijuanamoment.net\/new-congressional-bill-would-provide-federal-tax-relief-for-marijuana-businesses-by-amending-irss-280e-code\/\" target=\"_blank\" rel=\"nofollow noopener\">New Congressional Bill Would Provide Federal Tax Relief For Marijuana Businesses By Amending IRS\u2019s 280E Code<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p><em>Photo courtesy of Chris Wallis \/\/ Side Pocket Images.<\/em><\/p>\n<p>The post <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\/missouri-lawmakers-turn-attention-to-regulating-delta-8-thc-products-as-marijuana-market-matures\/\" target=\"_blank\">Missouri Lawmakers Turn Attention To Regulating Delta-8 THC Products As Marijuana Market Matures<\/a> appeared first on <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/missouri-lawmakers-turn-attention-to-regulating-delta-8-thc-products-as-marijuana-market-matures\/\" target=\"_blank\" rel=\"nofollow noopener\">Missouri Lawmakers Turn Attention To Regulating Delta-8 THC Products As Marijuana Market Matures<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cI feel like this is operating under a loophole right now.\u201d\u00a0 By Rebecca Rivas, Missouri Independent As he was checking out at a convenience store one day, state Rep. Kurtis Gregory (R) said he looked down and saw \u201cdelta-8 THC\u201d products being sold. He had no idea THC, the intoxicating<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2023\/04\/18\/missouri-lawmakers-turn-attention-to-regulating-delta-8-thc-products-as-marijuana-market-matures\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":457,"featured_media":64048,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/64047"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/457"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=64047"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/64047\/revisions"}],"predecessor-version":[{"id":64049,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/64047\/revisions\/64049"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/64048"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=64047"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=64047"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=64047"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}