Marijuana regulators around the country face a vexing question: What place does chemically derived THC have in regulated adult-use or medical markets
, recent lawsuits have sought to establish that delta-8 products are legal; a Kentucky judge sided with hemp advocates there on Feb. 28, allowing the products to continue to be sold as lawmakers consider a ban.
Further, processors can make a more consistent product using chemistry to make THC from CBD, they say, and regulators shouldn't stand in the way of market innovations or pick winners and losers in the industry. They liken it to the synthetically created vanilla or caffeine added to food and drinks. Chemically produced THC is unlikely to displace the top-shelf dried cannabis flower preferred by many connoisseurs, but it is so cheap to make that it drastically undercuts marijuana growers who focus on the extract market, and who have spent a lot of time and money adapting to stringent rules for their industry.
And, Schauer said, THC chemically made from hemp is only the tip of the iceberg: It can also be made from bioengineered yeast, so regulators will soon find themselves wrestling with that as well. In California, hemp-derived THC products are not allowed in legal marijuana shops, but regulators are examining the steps necessary to allow them.
For David Postman, the board's chairman, THC made from hemp represents an industrialization of the cannabis industry that he isn't sure voters wanted when they passed Washington's legal marijuana law, which was billed as a harm-reduction measure.
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