Last week, Gov. DeWine urged Ohio lawmakers to take decisive action regarding hemp, delta-8, and THC laws in light of the recent adult-use law that went into effect late last year. Further adding to the confusion, some contend that THC-A derived from hemp under 0.3% may also have been inadvertently legalized. We’ll explain:
What is Delta-8 and How is Made?
Delta-8 tetrahydrocannabinol, also known as delta-8 THC or delta-8, became legal to sell under the 2018 Farm Bill along with all other hemp derivatives that contain less than 0.3% THC in dry weight. Delta-8 THC is an isomer, or minor chemical variant, of Delta-9 THC. It occurs only at minuscule levels in natural cannabis. High levels of Delta-8 THC are produced artificially by chemically converting CBD or Delta-9 THC through a process known as isomerization. Delta-8 THC is psychoactive, but weaker than Delta-9 THC according to many users’ reports. Because its chemically similar to Delta-9 THC, the safety of Delta-8 THC is thought by most experts to be similar to that of other cannabinoids. The chemical conversion process can produce high levels of other impurities, especially in products derived from CBD.
DeWine Urges Action on Delta-8
In a press conference last Wednesday announcing his wishes for legislators to act, DeWine held up products containing delta-8 that he says are being sold in Ohio stores. He noted that products like these remain widely available at CBD stores, wellness shops and even in gas stations.
DeWine stated: “The current loophole that allows these dangerous products to be sold to children needs to be closed as soon as possible. Right now, Senator Steve Huffman is working on a bill to address this, and once it is introduced, I encourage members of the Ohio General Assembly to act quickly to pass it. These products are marketed to kids and are made to look like their favorite candy and treats. With no regulation and wide availability, it is all too easy for kids to get them.”
“When you package a product like this, and make a product like this, it does appeal, in fact, to kids,” DeWine said. “And this is exactly what the makers of this product are doing.”
Ohio Hemp Industry Reacts to DeWine’s Concerns About Delta-8
Ohio CBD Guy owner Jason Friedman sells delta-8 products to adults at his medicinal shops in Montgomery and East Walnut Hills.”Delta-8, which is a more mild version of THC, is not going to produce those intense effects,” Jason Friedman said.
Chris Voudris owns Vapor Haus, a chain of vape shops in the Dayton area. Voudris told Statehouse News Bureau that nearly one-third of his sales come from hemp-derived products, like delta-8 gummies. “The products he (DeWine) was talking about, that’s not a bulk of the industry. That’s a very small piece of it, that in any industry you’re going to have bad actors and horrible marketing,” Voudris said in an interview. “But that’s just not the products that are sold, the vast majority.”
Friedman agrees. “There are some bad apples out there that are making it more challenging for the rest of us by selling low quality products, by selling it to consumers that are not of age,” Friedman told Cincinnati’s News 5 last week.
Dept of Health Reports Dangers of Delta-8
Lance Himes, Ohio Director of the Department of Health, said during the news conference that the state’s poison control center has seen a 50 percent increase year over year since 2021 in Delta 8 poisonings in children under five. Himes said that symptoms for children reporting to the emergency room included central nervous depression, respiratory depression, increased heart rate, vomiting and neurological effects.
Dr. Gary Wenk, a scientist at Ohio State University’s Neurological Institute said he’s been studying the effects of cannabinoids on the brain for 25 years. He said Delta 8 has become more easily accessible over the years. Wenk said that the younger the brain, the more harm that’s done when ingesting Delta 8. “When the brain is developing it’s very vulnerable to the actions of THC,” said Wenk.
WebMd calls Delta-8 the ‘Russian Roulette‘ of cannabis. The article notes that commercially available delta-8 products are created in labs from CBD and could contain a broad mixture of chemicals, such as pesticides, petroleum, and other unknown ingredients. Because the FDA does not regulate CBD, delta-8 THC products often slip past the radar in terms of oversight.
Gov. DeWine is calling on the legislature to take immediate action to either ban the products or regulate them in Ohio. “There’s been a question in the General Assembly as to whether or not this should be part of the marijuana bill or whether it should be a separate bill,” DeWine said. “Candidly, I don’t care. I’m just asking the legislature to take action so we can get these products off the shelves.”
“I’m just asking the legislature to take action so we can get these products off the shelves, “ said Gov. DeWine. “There’s two ways they can move on this. I just want to get it off the shelves and out of the reach of kids.”
Is THC-A Legal in Ohio?
Rules on hemp vary widely by state. The rules that “hemp must contain less than 0.3% THC” appears to put Tetrahydrocannabinolic acid (THC-A) products into a compliant legal loophole.
THC-A is not psychoactive until it gets heated and converts to THC. THC-A is non-psychoactive and has a different chemical makeup than THC. However, it will transform into THC when exposed to heat. In THC-A flower and vape products, high THC-A levels often translate to legally potent THC levels when smoked or vaped. This process is called decarboxylation, which converts THC-A into delta-9 THC.
THC-A has no described official legal limit. Federal and state rules, regulations, and opinions vary greatly on its legality outside dispensaries.
Farm Bill: Total THC Content
The USDA Farm Bill included a mandate to test hemp products for the “Total THC” content when determining whether a plant falls under the 0.3% requirement. “Total THC” accounts for THC and THC-A, so theoretically, a plant with 20 percent THC-A content may be too high for pre-harvested hemp to pass compliance tests.
While the USDA’s testing rules make products with high THC-A levels illegal, they regulate hemp compliance testing for plants before harvest. After harvest, the USDA no longer controls once manufacturers create finished goods. Finished goods fall under the DEA’s jurisdiction, and the DEA only looks at total Delta-9 levels, says cannabis advocacy firm Kight on Cannabis.
Some states have introduced laws to enforce the USDA mandate to account for “Total THC”, essentially making psychoactive hemp derivatives like delta-8 illegal to sell. Whether delta-8 or THC-A will still be legal to sell outside of state dispensaries in 2024 remains to be decided by the Ohio legislature.
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