But while some states have banned delta-8 THC, others are considering provisions that would regulate it similarly to delta-9 THC:
- Oregon is looking to ban the sale of hemp products containing THC to minors and give marijuana regulators new authority to set THC concentration limits for hemp products sold in general commerce.
- Michigan lawmakers agreed to legislation that would regulate all isomers under its state marijuana board. The legislation would include all THC products in the legal definition of marijuana, therefore subjecting all such merchandise to the same level of testing, regulation and restrictions. It currently awaits Gov. Gretchen Whitmer’s signature.
- California’s lower chamber has passed a hemp bill that would limit hemp-derived THC isomers to marijuana dispensaries.
- Washington state’s marijuana regulators are discussing how to enforce a law that already says no hemp-derived THC is allowed in the legal marijuana market, though marijuana business owners say the practice is rampant.
Unlike California and Michigan, most state legislatures have concluded business for the term, said Jonathan Miller, an attorney who leads the hemp advocacy group U.S. Hemp Roundtable, so the issue is unlikely to see widespread legislative activity in coming months.
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