Farm Bill 2023: The End for Delta-8 and Hemp Derived Cannabinoids?

Sam B • Mar 01, 2023

Farm Bill 2023: The End for Delta-8 and Hemp Derived Cannabinoids?

The 2018 Farm Bill legalized hemp and its derivatives, including cannabidiol (CBD), as long as they contain less than 0.3% delta-9-tetrahydrocannabinol (THC) on a dry weight basis. This opened the door to the widespread availability of CBD products in the US, but it also created a new market for other hemp-derived cannabinoids, such as delta-8-THC (delta-8).


Delta-8 is a minor cannabinoid found in hemp and cannabis plants, but it has gained popularity in recent years due to its psychoactive effects that are milder than those of delta-9-THC. Delta-8 products are now widely available, including in states where cannabis is illegal.


However, the legality of delta-8 and other hemp-derived cannabinoids is now being questioned as the 2023 Farm Bill approaches. Some are concerned that the new legislation will limit or even ban the production and sale of these products altogether.


One of the main reasons for this concern is the growing scrutiny around delta-8's legal status. The Drug Enforcement Administration (DEA) has been issuing warning letters to delta-8 manufacturers, claiming that the substance is illegal under the Controlled Substances Act (CSA) because it is a form of THC.


This legal argument has led to confusion and uncertainty around the legality of delta-8 and other hemp-derived cannabinoids. Some states have already banned delta-8, while others are considering similar measures.

The 2023 Farm Bill could further complicate the legal status of hemp-derived cannabinoids. While it is still unclear what the new legislation will entail, some are concerned that it could include stricter regulations on hemp and hemp-derived products, including a ban on delta-8 and other minor cannabinoids.


However, it's important to note that the 2023 Farm Bill is still in the drafting stage and has not been finalized. There is still time for advocates of hemp and hemp-derived cannabinoids to voice their concerns and work to ensure that these products remain legal and accessible.


Additionally, it's worth considering that delta-8 and other minor cannabinoids could be regulated in a similar manner to CBD, which is legal under the 2018 Farm Bill. This could involve setting limits on THC content, requiring product testing and labeling, and ensuring that products are produced in compliance with federal and state regulations.


In conclusion, the 2023 Farm Bill could have significant implications for the legal status of delta-8 and other hemp-derived cannabinoids. While there is still uncertainty around what the new legislation will entail, it's important for advocates of these products to stay informed and engaged in the legislative process to ensure that they remain legal and accessible.


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