Attorney General Kris Mayes of Arizona recently gave her opinion on the sale of products derived from hemp in the state, focusing on delta-8 tetrahydrocannabinol (“THC”). This compound, which has a similar make up to delta-9 THC, is manufactured from cannabis, which naturally occurs in hemp.
Hemp was legalized with the passing of the 2018 Farm Bill, which allowed CBD derived from hemp to be synthesized into THC. Since then, states such as Arizona have seen the proliferation of delta-8 THC products in various retail locations, including convenience stores and gas stations but not in state-licensed dispensaries. These products are available to all, including minors, making the need for regulation urgent.
One study showed that more than 11% of 12th graders in America consumed delta-8 THC in 2023. The study also found that the use of delta-8 THC was higher in the Midwest and the South, as well as in states that had no regulations for delta-8 and had not yet legalized recreational cannabis. The study’s findings were reported in JAMA.
When asked about whether state law allowed entities without necessary licenses to sell products that contained manipulated cannabinoids such as delta-10 THC and delta-8 THC, Mayes stated that irrespective of any loopholes in the 2018 Farm Bill, this was not allowed. The attorney general explained that the state of Arizona defined marijuana to include extracts from any part of a plant of the cannabis genus as well as every derivative, compound, manufacture, mixture, salt, or preparation of such plant, its resin or its seeds, and every derivative, compound, salt, manufacture, preparation or mixture of resin or THC.
The state of Arizona also lists both marijuana and cannabis as substances under Schedule 1, with some exceptions for industrial hemp.
In her statement, the attorney general added that her opinion shouldn’t be viewed as her endorsing the sale of these intoxicants by businesses with the appropriate licenses. She explained that information about these products, which could pose public health concerns, was still emerging.
A spokesperson, Richie Taylor, revealed that the AG would work with state agencies and the governor’s office to ensure that state law was enforced. At the moment, however, no regulations have been approved by the state concerning these compounds.
Concerns have also been raised that banning the sale of these compounds will negatively impact the state’s legal hemp cannabidiol (“CBD”) industry, as CBD is an extract. Currently, delta-8 sales are only allowed at businesses and other entities licensed by Arizona’s health services department to sell marijuana.
Concerns about delta-8 THC aren’t only being raised in Arizona. Even jurisdictions where cannabis companies such as Cronos Group Inc. (NASDAQ: CRON) (TSX: CRON) operate are engaged in heated debates about how regulators and businesses should view these synthetic products.
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