As I told Hemp Industry Daily in Thursday’s article, the legislative session ended without any action on Delta 8 THC or other psychoactive cannabinoids derived from hemp.
As the LCB noted in Policy Statement 21-01 (link to attached PDF), it believes Delta-8 THC, Delta-10 THC, and other synthetically derived THCs to be a schedule 1 controlled substance, parroting the DEA who has previously issued the same policy statement.
This is, in part, in conflict with the 2018 Farm Bill, which legalizes hemp and all its extracts and derivatives. The question is whether the isomerize cannabinoids are a derivative. In essence, it is clear that naturally occurring Delta-8 and Delta-10 would fall under an extraction. It seems to be splitting hairs as to whether an isomerization of CBD would amount to a derivative or a synthetic compound. The line is of course blurred given the chemical procedures needed to make the change from CBD to a THC.
If you end up with an Administrative Violation as a result of your shop selling non-Delta-9 THC that was derived from hemp, contact a cannabis attorney at Gleam Law. We will do our best to explain the intricacies of the 2018 Farm Bill to the LCB, including any necessary court proceedings beyond the administrative level, to help you keep your license.