The emergence of delta-8 THC has divided opinion within the industry, but the high-inducing cannabinoid is nonetheless being sold widely across the US due to the legal uncertainty around it. So how can delta-8 THC – which undoubtedly has psychoactive effects when consumed – be sold so openly, especially in states that do not allow cannabis sales? The simplest answer is that delta-8 is surviving – even thriving – in a legal grey area created by the 2018 US Farm Bill.
This report examines federal law on delta-8, notes trends that are happening at state level, and discusses what the future may hold.
Anthony is senior advisor to CannIntelligence, where he provides regulatory guidance on issues within the global cannabis sector. Having worked several years as a legal analyst at CannIntelligence, he continues to work on consultancy projects and contribute to regulatory products for the platform. Anthony has a BA in political science from North Carolina State University and a Juris Doctor from Charleston School of Law (South Carolina), and practised law for several years in the United States as a litigator.
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