Oct 4, 2021
NIHC Questions Safety of Delta-8 THC products

The National Industrial Hemp Council (NIHC) recently met with over 20 state regulators at the National Association of State Departments of Agriculture (NASDA) conference on what is working and not working in their state hemp programs. NIHC repeatedly heard their “deep concerns about the impact of delta-8 tetrahydrocannabinol (Delta-8 THC) on public health, and the need to revise the federal definition of hemp.”

In light of those meetings, and after statements of similar concerns recently made by the Food and Drug Administration (FDA) and the Centers for Disease Control (CDC), NIHC issues its position on Delta-8 THC:

“NIHC continues to believe that consumer safety is paramount for all products in the hemp market. The safety profile of Delta-8 THC products is questionable, and we believe that they should not be sold or marketed as hemp-derived products.

“The clearest pathway to protect consumer safety and create a hemp economy that works for everyone is to revise the federal definition of hemp to include all tetrahydrocannabinols (THC), as recommended by NASDA with the bipartisan support of 45 states, and as broadly supported by stakeholders throughout the industry, regulatory officials, and in both chambers and parties on Capitol Hill. Such a clarification in statute would unequivocally prevent the sale of products containing unsafe concentrations of Delta-8 THC as hemp.

“Delta-8 THC has flooded the market because of the lack of regulatory certainty from the FDA on cannabidiol and other hemp-derived products. Along with Congress changing the statutory definition of hemp to one percent total THC, the FDA can do its part to protect consumer safety by making clear guidelines for hemp-derived products as Congress intended in the 2018 Farm Bill.”

The NIHC Government Affairs committee continues to have conversations and look at more intricate policy solutions on Delta-8 THC. The committee will release more details in the coming weeks. In the meantime, the mid-November Hemp Business Summit in Washington, D.C. offers opportunities for NIHC members, industry stakeholders, and regulators to actively engage with each other in person on how to regulate Delta-8 THC.

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