Selling Hemp-Derived Delta-9 THC Products? Here's What to Consider

Selling Hemp-Derived Delta-9 THC Products? Here's What to Consider
Cannabtimes

<![CDATA[Has your business added hemp-derived delta-9 THC products to its menu?Many U.S. hemp companies have begun selling products that contain delta-9 THC, the cannabinoid that differentiates hemp from cannabis. These companies market these products as hemp-derived and federally compliant under the 2018 Farm Bill, claiming they contain less than the 0.3% THC limit set for hemp.How are these products getting on shelves?As previously reported by Cannabis Business Times, companies are creating these delta-9 products by making them weigh enough using other ingredients to remain within that 0.3% THC limit.Still, there is much legal controversy around these products and how a “dry-weight” basis is measured.RELATED: Delta-9 in Edible Hemp Products: What’s a ‘Dry Weight Basis’ Anyway?In September, Rod Kight, principal and founder at Kight Law Office, told CBT that some products with high amounts of delta-9 THC are legal. “Additionally, and importantly, the water weight must be removed in the calculation since the 2018 Farm Bill measures THC concentrations on a ‘dry weight’ basis,” Kight said. “In practical terms, this means that some products, such as gummies, will be easier and more cost-effective to manufacture compliantly than other types of products, such as bottled water.”But Shawn Hauser, partner at Vicente Sederberg and chair of the firm’s Hemp and Cannabinoids Department, had a different perspective than Kight and argued that these products infringe on state and federal hemp laws.”It appears that these companies are looking at the 0.3% by dry-weight standard that’s in the farm bill and determining the legality of their products,” Hauser said. “And the inherent flaw with that [interpretation] is that [the 2018 Farm Bill] said, ‘a dry-weight basis.’ That, by nature, doesn’t account for moisture and the weight of the gummy material or whatever is in the oil.”Marshall Custer, partner at Husch Blackwell law firm in Denver, Colo.,…

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