Delta-8

Delta-8 is not a sorority, Delta-8 is not an airline! 

Delta-8 THC and other hemp-derived psychoactive products are addictive and harmful to the brain. There is no federal age limit for buying Delta-8 THC, so these products are being sold to kids nationwide in gas stations and online. Congress now has the chance to act and ban these dangerous pot products.

Additional Articles and Research on Delta-8

2023 Delta-8-THC Fact Sheet
PDF Format
 

Federal Farm Bill Loophole

While cannabis and its derivatives remain federally illegal, loopholes in the federal definition of hemp in the 2018 Agricultural Improvement Act “Farm Bill” are being exploited by the hemp industry to sell unregulated, highly intoxicating cannabinoid products without regard for public health and safety. (1)

• In 2019, legislators passed a statute to legalize hemp in Florida, using the federal definition: “Hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.” (2)
• Delta-8-THC is similar to Delta-9-THC, the psychoactive ingredient in marijuana. Florida currently allows sales of delta-8 THC and other cannabinoids synthesized from hemp without an age limit on sales of edibles and no regulations to prevent marketing to minors. Twenty states either regulate or ban delta-8-THC and other THC isomers. Fourteen states banned intoxicating synthetic hemp cannabinoids – delta-8-THC, delta-10-THC and THC-O - due to concerns about contamination, lack of regulation, marketing products to children and high levels of THC. (3)
   

Intoxicating Cannabinoids Synthesized from Hemp: Public Health Concerns

Little is known about the short-term or long-term health effects of synthetic hemp cannabinoids. The FDA provided an educational web page about delta-8-THC updated in May 2022, entitled “5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8-THC”.

• Delta-8 products have not been evaluated or approved by the FDA. The FDA is concerned about the marketing of intoxicating hemp products towards children, a surge in child poisoning cases and adverse event reports of hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness.
• National poison control centers received 2,362 exposure cases of delta-8-THC products between January 1, 2021, and February 28, 2022. 40% involved unintentional exposure to delta-8-THC and 82% of these unintentional exposures affected pediatric patients. 70% required health care facility evaluation, of which 8% resulted in admission to a critical care unit. One pediatric case was coded with a medical outcome of death. (4)
• Florida Poison Centers reported 197 delta-8-THC exposures in 2021. Delta-8 exposures in Florida surged to 291 in 2022, an alarming 48% increase. (5)
   

Local and State Delta-8 Policy

Delta-8 is available in 29 states and DC. (11) Promoted by industry: “Even with growing federal pressure, delta-8 isn’t going anywhere in The Sunshine State”. (12)

After hearing a citizen’s complaint on March 23, 2022, Hillsborough County Commissioners ordered an investigation of the sales of delta-8 products in local convenience stores, gas stations and smoke shops. Code enforcement officers conducted inspections and found many retail outlets were out of compliance with state regulations, including not having proper FDACS Hemp Food Permits.

• Packaged and marketed to children- Some stores sold ‘knockoff’ delta-8 Skittles and Nerd’s Rope that looked almost identical to regular children’s candy. Such products are very attractive to children and may be accidentally ingested.
• There is no minimum sales age for delta-8-THC edibles in Florida, nor is there a requirement to keep these products in locked cases or behind the sales counter. Hillsborough County code enforcement team members educated retailers about state hemp regulations and advised against sales of ‘knockoff’ children’s candy. (6)
• Hillsborough County: Produced an education campaign to increase public awareness of the potential harmful impacts of delta-8. (7) Hillsborough BOCC legal department considered developing an ordinance to further regulate delta 8, but was hesitant because of possible state pre-emption issues. The County plans to monitor hemp-related state legislation in 2023. The University of Tampa instituted a ban of delta-8 and other synthetic hemp intoxicant products on campus in August 2022 in response to health and safety concerns. (8)
• SB 1906 “Hemp Extract Products”, a bill sponsored by Senator Rouson, would have required registration of hemp extracts and minimum age 21 for sales of hemp edibles. The bill died in the Agriculture Committee in 2022. (9)

DEA Analysis of Farm Bill

According to the DEA, the Agricultural Improvement Act (Farm Bill) “does not impact the control status of synthetically derived tetrahydrocannabinols because the statutory definition of “hemp” is limited to materials that are derived from the plant Cannabis sativa L. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.”(10).

Policy Recommendation

Ban delta-8-THC and other synthetically derived tetrahydrocannabinols to protect the health, safety and welfare of children and families in Florida.

Ellen Snelling er.snelling@verizon.net 813-731-2696

Hillsbrough County Anti-Drug Alliance Chair
Tampa Alcohol Coalition Chair  

Teresa Miller tmiller@stoprxdrugabuse.org 813-842-3073