Delta-8 has been the topic of many conversations over the last year in various cannabis circles. Is it legal?  How will hemp-derived Delta-8 THC impact the state-legal marijuana industry?  How is Delta-8 THC extracted from hemp and in what quantities?  Much of this was already covered in a recent webinar hosted by our firm a few weeks ago.

Demonstrating how popular the idea of hemp-derived Delta-8 THC has become, yesterday the New York Times latched onto this subject as well.  While the legality of Delta-8 THC extracted from hemp is complex and of a dubious nature, what we also find interesting is the science of where Delta-8 THC extracted from hemp is likely coming from.

The New York Times did not address two critical questions in analyzing the legality of Delta-8 THC derived from hemp:

  1. The commercial viability of extracting naturally occurring Delta-8 THC in quantities sufficient to make actual products; and
  2. If Delta-8 THC is naturally present in hemp plants in very small amounts, how much of the Delta-8 THC being sold into commerce outside of the state-legal marijuana industry is being synthetically derived from CBD?

From our perspective, interested parties looking to take advantage of this potential loophole should take a long, hard look at what the answers are to these questions.

If you have any questions, please contact Steve Levine, Alyssa Samuel or your Husch Blackwell attorney.