Delta-8

What is Delta-8 ?

A) A sorority
B) An airline
C) A highly toxic, unsafe, unregulated, non FDA approved THC infused product

• Unregulated has given way to no caps THC level ... most products have a much higher level of THC than any 'medical' or recreational marijuana products.
• Side-effects are not listed on packaging- delayed effects can often take 30-60 minutes, include but not limited to... hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness. (See below for more information)
• Often 1 piece is equal to 5-10 servings.

Why did the Delta-8 Industry choose to move to Florida?

A) The weather
B)  Small busniess opporunties
C) Lack of regulations

THE ANSWER IS  'C'.

Florida currently has an open door policy when it comes to Delta-8. 

This industry is anything but family friendly.  It is preying on our children and young adults marketing extremely high potency THC infused products in packages that mimic national brand candies (and other products) such as Skittles, Nerds, Fruit loops... Is this the industry we want in our state?   

Why did the Delta-8 Industry leave California, Oregon, Colorado, Alaska.....to come to Florida? 

• 2023 Delt-8 THC Legal Status (click on map for more information)
• Oregon the first state to ban all artificially derived cannabinoids.
• Alaska - doesn’t permit the use, possession, sale, distribution, or production of delta-8 and classifies it as a Schedule IIIA controlled substance under state law. Schedule IIIA includes all tetrahydrocannabinols such as delta-10 and THC-O.  Possession of delta-8 ranges from a Class C misdemeanor to a felony, depending on quantity and intent. 
• Colorado - delta-8 is not legal in Colorado despite very relaxed medical and recreational marijuana laws. The state does not permit the use, possession, sale, distribution, and production of delta-8 products following a notice from the Colorado Department of Health & Environment (CDPHE). The notice states, “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product’”
• California- you cannot cross the state borders with delta-8 THC products unless they carry below 0.3% THC. The state restricts and regulates all unlicensed delta-8 products above the 0.3% combined THC concentration. Jan 5 2023) Even California has banned this product:  "PANDORA’S BOX The Dangers of a National, Unregulated, Hemp-Derived Intoxicating Cannabinoid Market",  "The notion of legalizing intoxicating cannabinoids simply because they are derived or synthesized from hemp is ludicrous. A comparable scenario would be deregulating wine on the grounds that it derives from grape juice. An intoxicant is an intoxicant. Both common sense and public safety dictate that these substances must be handled with care. The proliferation of untested and unregulated synthetic and semi-synthetic intoxicating cannabinoids is a public health disaster."
• Idaho is renowned for having the toughest hemp laws in the country. No hemp-derived product can carry any percentage of THC or its isomers, as outlined under House Bill 126 and in the Idaho Uniform Controlled Substances Act
• New York - Delta-8 is illegal in New York. The sale, distribution, and production of delta-8 products are banned in the state following an announcement from the New York Cannabis Control Board (CCB), citing a lack of safety and improper mislabeling.
• West Virginia SB 220 creates the Hemp-derived Cannabinoid Regulation Act, regulating the selling of naturally produced hemp products, such as Delta 8 and Delta 10 products, and outlaws synthetic hemp products. One of strongest regulatory schemes in the country: permitting only naturally occurring (not synthesized) products; making all others “contraband”; providing enhanced regulatory authority, instituting an age limit; providing marketing restrictions; providing a funding scheme to support both enforcement and prevention.
• Maryland Current Products including CBD teas, gummies and rubs could soon be illegal if a new Maryland recreational cannabis bill, SB 516, is signed into law. These products would have to lower the amount of THC per package to below 2.5 milligrams. "The Governor has made cracking down on dangerous THC intoxicants, including those synthesized from hemp, a priority to protect public safety. The conference report for HB2294 and SB903 does that. The governor looks forward to the enhanced enforcement this will bring to keep dangerous intoxicants off the shelves and away from Virginia children.”  
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2023 Delta-8-THC Fact Sheet    PDF Format
 

Public Concerns:  Intoxicating Cannabinoids Synthesized from Hemp

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)

Why is it legal?  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)

   

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).

What are the Local and State Delta-8 Policies?

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.

How is Delta-8 being advertised and promoted? 

1. 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.
2. 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)
3. 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)
4. There are no caps on the level of THC... most products have a much higher level of THC than medical marijaina restrictions.
5. Often 1 piece is equal to 5-10 servings.

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