MJ Biz Report
“From a chemist’s perspective, it is clear that the isomerization of CBD to delta-8 THC with a catalyst is a chemical process,” said Erik Paulson, lab manager at Infinite Chemical Analysis Labs, a cannabis testing laboratory with locations in California and Michigan. “Any product of a chemical reaction like this one is, by definition, a synthetic chemical.”
At least five states have considered or are currently updating their laws to specifically govern delta-8 THC, joining at least 11 that already have laws on the books addressing the minor cannabinoid, which can produce psychoactive effects in some people, although they are considered to be less potent than the delta 9-THC common in marijuana.
The states that currently ban delta-8 THC entirely include Alaska, Arkansas, Arizona, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island and Utah.
However, because delta-8 and delta-10 THC remain listed on the DEA’s Controlled Substances List as Schedule 1 controlled substances, along with delta-9 THC, they remain illegal in all 50 states, Paulson said.
“Some have interpreted the 2018 Farm Bill as the legalization of these other cannabinoids because delta-9 is the only cannabinoid explicitly listed,” Paulson said.
Here is a breakdown of state delta-8 measures:
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