Delta-8 THC Regulation Continues to be a Hot Topic in Washington State

Washington state regulators are indicating a willingness to regulate Delta-8 THC products for sale in licensed cannabis dispensaries, although chemical experts say that the issue will require study before rules can be drafted. The Washington Liquor and Cannabis Board announced that it intended to regulate the sale of Delta-8 THC products sold in the state’s licensed marijuana dispensaries.

Last year, the U.S. Drug Enforcement Administration (DEA) ruled that Delta-8 THC, a cannabinoid that occurs naturally and can also be processed from CBD, is a controlled substance not protected by the 2018 Farm Bill, which legalized hemp agriculture and products derived from the crop. Since that time, at least a dozen states including New York have banned Delta-8 production and sales.

April’s policy statement from the Washington cannabis board said that the DEA’s interpretation of federal hemp regulations is unenforceable and that the agency would create regulations for Delta-8 sold in licensed cannabis dispensaries. At a meeting of chemists from the University of Washington, Washington State University and private labs organized by the board last week, researchers said that study into Delta-8 has been limited so far.

“Frankly, the field hasn’t done too much with Delta-8, because it does almost the same thing as

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