By Rebecca Rivas, Missouri Independent
Kurtis Gregory, a state representative (R), said that he saw products with “delta-8-THC” when he was at a convenience shop.
He didn’t know that THC, which is the main intoxicating ingredient of marijuana, was sold outside dispensaries.
Gregory, a Republican representative from Marshall, told a House Committee on Tuesday that “yep, it’s completely legal at this time to sell.”
The products that Gregory was interested in give a person a high through a concentrated amount delta-8 tetrahydrocannabinol. This is typically made from cannabidiol derived from hemp.
Hemp is legal and hemp-derived THC avoids the scrutiny that marijuana gets. They are not regulated at all by state or federal governments.
No law says that teenagers or minors can’t purchase them, or that stores can’t offer them to minors. However, some vendors and stores have imposed age restrictions for those under 21. There’s also no requirement that the labels list possible effects or measure how much THC they contain.
Gregory’s Bill would give the Missouri Department of Health and Senior Services the responsibility to regulate these products in the same way that the agency does so for the state’s cannabis program. The products would also have to be sold in DHSS licensed dispensaries.
Gregory explained, “I’m doing it right now because there are no age restrictions.” “I feel that this is currently operating under a loophole,” Gregory said.
The hearing on Tuesday was attended by a wide range of participants, from Delta-8 businesses to law enforcement and the American Academy of Pediatrics to lawmakers. All agreed that age restrictions should be placed in the product testing and labeling.
Both Republican and Democratic legislators resisted the idea of forcing this industry under the DHSS umbrella, claiming that it would allow a “marijuana monopoly,” given the limited number licenses available for dispensaries.
Ben Baker, a Republican Representative from California, spoke about a businessman who had to pay for a medical marijuana license and was rejected. He now sells hemp-derived THC.
Baker stated that the people who were behind the original roll-out of medical marijuana “weren’t greedy” enough. “And now they are coming after the business owners who made the most of it.”
After voters approved a constitutional amendment in 2018 allowing medical marijuana, marijuana became a big business in Missouri. The state limited the number of licenses it would grant, and initially issued 338 licenses for the sale, cultivation, and processing of marijuana, the minimum requirement in the constitution.
The widespread reports of irregularities with the scoring of applications fueled criticism and accusations of insiders building a monopoly. This criticism was carried over into the campaign last year to legalize marijuana for recreational use.
Critics also expressed concern that hemp was federally legal and lumping it with regulations for a controlled substance would result in lawsuits.
Gregory’s bill states that “no facility shall manufacture or sell any products that contain synthetic cannabinoids, or cannabimimetic agent,” which opponents claim would hurt hemp businesses in general.
Tony Lovasco, a Republican Representative from California, said: “I don’t think closing the loophole would be as effective in torpedoing an entire industry.”
Peter Merideth, a Democratic Representative from St. Louis, agreed.
He said that the bill sounded like it was using a hammer to solve this problem, instead of a scalpel.
The Federal Farm Bill
The 2018 Farm Bill removed both hemp and hemp seed from the Drug Enforcement Administration (DEA)’s schedule of controlled substances.
Josh Grigaitis of The Mighty Kind Company told The Independent last month that lawmakers at the time likely did not realize that they could extract enough THC with some technology and chemical formulas to create products “with lots of different feeling,”
The federal government still hasn’t figured out how to regulate such products.
Grigaitis, whose company makes hemp-derived delta-8 seltzers and delta-9 seltzers, said: “It is moving much faster than they can keep up with.” “This has been bouncing around the [U.S. Food and Drug Administration] for the past five years and now, Congress is responsible for regulating or enforcing the hemp space.”
The FDA released a statement in January stating that the FDA is “prepared” to work with Congress to resolve this issue.
Missouri has no hemp regulatory agency. Last year, the state referred this regulation to U.S. Department of Agriculture. According to a USDA spokesperson, the agency regulates only the total delta-9 THC concentration in raw hemp.
The 2018 Farm Bill does not address delta-8, and the USDA regulation doesn’t regulate hemp products. Delta-8 is produced in laboratories for which USDA does not have jurisdiction.
In March 2021, the USDA issued a rule stating: “Delta-8 THC is unrelated to the 0.3 percent delta-9 THC limit or the ‘post-decarboxylation delta9 THC.'”
Lisa Cox said that the DHSS is only authorized to regulate cannabis for medical and adult use, but not hemp-derived products.
Lack of authority at the state and federal levels is a problem for those in the hemp sector who advocate for regulation.
John Grady, product developer at Slaphappy Beverage Company that sells delta-8 drinks said on Tuesday, “The federal government leaves us in limbo.” It’s a constant back and forth between agencies that no one wants to take the initiative and regulate anything.
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Hemp vs marijuana
The two plants are similar in appearance and belong to the same species of Cannabis sativa.
THC is the psychoactive ingredient that distinguishes hemp from marijuana.
THC is most commonly used to refer to delta-9 THC which is the THC that occurs most prominently in cannabis.
The Centers for Disease Control and Prevention define marijuana as all parts of Cannabis sativa that contain more than 0.3 percent Delta-9 THC dry weight.
Hemp is any part of the plant that contains 0.3 percent THC or less by weight.
Delta-8 THC is only found in small amounts in plants and is about 50-75 per cent as psychoactive than delta-9 THC.
Gregory’s bill aims to do this.
Hemp has more CBD than marijuana. CBD is a cannabinoid or compound found in cannabis plants that is non-psychoactive. CBD can be converted synthetically into delta-8 and delta-9 THC by using a solvent acid and heat. This will produce higher concentrations than what is found in the natural plant.
Gregory was shocked to find “synthetic cannabisoids” in the convenience story. His bill would prohibit the manufacture of these substances.
Delta-8 has been studied little, but a collaborative research by the University of Buffalo, University of Michigan, and others found that delta-8 was more effective than delta-9 in reducing paranoia and anxiety, especially among cancer patients.
“It’s paradoxical that different states and municipalities are opening up to delta-9, it’s becoming more available and increasingly legalized, and yet they’re putting the brakes on delta-8, even though it seems to have a better profile in terms of its effects,” <a href="https://www.buffalo.edu/news/releases/2022/01/009.html#:~:text=Delta%2D9%20tetrahydrocannabinol%20is%20more,is%20about%20half%20as%20potent." Daniel Kruger, a research professor affiliated with UB's School of Public Health and Health Professions, said that delta-9 is more potent than its counterpart.
Sean Hackmann of the Missouri Hemp Trade Association told The Independent that it takes a $500,000 machine in order to extract delta-8. Only 20 companies are doing this.
Hackmann sells and produces delta-8 gummies through his Grandpa’s Family Farms.
He said, “They call it an unregulated industry, which it is technically.” It’s self-regulated, except the idiots who fly by night and don’t give a damn. We spent a great deal of money testing these products.
It’s not required to include anything on the label, but for his edibles of 20mg it says: “This product produces an effect similar to THC.” Do not operate any machinery after or during consumption. “Effects can last up to 8 hours.”
The association urges its members strongly to place an age restriction on delta-8 products of at least 21 years old. He said they’ve been working to draft legislation outlining this restriction as well as other regulations for products derived from hemp, but that it hasn’t yet been filed. The association opposes Gregory’s bill.
Anthony David, the owner and CEO at Green Precision Analytics in Missouri, a marijuana testing facility licensed by DHSS, spoke out Tuesday for the bill.
David stated that “we don’t always know what is in the product or where it comes from.” The process of isomeric transformation and these hemp products can be dangerous, and include corrosive chemical compounds.
David said that he hopes this bill is not seen as an “attack on the hemp industry.”
He said, “It is a pure safety issue.”
Poisoning cases in children
Julie Weber, Director of the Missouri Poison Center said that the number of poisonings from delta-8 have decreased since the recreational use of the drug was legalized in Nov.
Weber said in an interview with The Independent last week that “it doesn’t mean the exposures don’t occur.” “But it’s the edible cannabis products which are causing a noticeable increase in our cases.”
In 2022 they will have 25 cases of delta-8 cases involving all ages. So far, this year there have only been three cases. None were children.
She said that marijuana edibles are the leading cause of poisoning. The number of cases involving children aged five and younger has increased from seven in 2018 to over 125 in 2022. Weber is concerned about both forms of intoxicants.
She said, “One might cause a stronger high or reaction.” “I’m certain that the feeling is not good for children, either way.”
As a poison expert I am concerned about the lack of regulations.
She asked. “That’s what scares me.”
The original publication of this story was by Missouri Independent.
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Photo by Chris Wallis // Side Pocket Images.
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