‘Frankenstein Weed’: Illinois Cannabis Industry Pushes For Ban On Hemp-Derived Delta-8 THC

SPRINGFIELD, IL — Ahead of next month’s five year anniversary of the Illinois legislature becoming the first in the nation to tax and regulate retail marijuana sales, lawmakers and cannabis industry lobbyists are pushing for restrictions on hemp-derived THC products, notably delta-8.

Delta-8 THC, a psychoactive compound related to delta-9 THC found in marijuana but derived from hemp, is currently unregulated in Illinois. Hemp was removed from the federal Controlled Substances Act in the 2018 Farm Bill. Since then, the unregulated sale of hemp-derived products, such as CBD, has proliferated.

Its lack of regulation allows it to be sold in various forms, including candies and snacks that mimic well-known brands and at locations not subjected to the restrictive regulatory regime and taxes imposed on state-licensed cannabis dispensaries.

As of last month, hemp-derived THC is prohibited outside the legal marijuana market in seven states, regulated in eight U.S. states and fully banned in 11 others, according to the Brightfield Group and MJBizDaily. That leaves it unregulated in the other roughly half of states.

Last week, lawmakers and representatives of licensed dispensaries unveiled the Hemp Consumer Products Act at a news conference in Springfield.

Filed by Senate Majority Leader Kimberly Lightford (D-Maywood), the act would establish a licensing system for hemp product retailers, with detailed requirements for marketing, selling, labeling, transporting and testing hemp-derived consumer products, including CBD.

The draft legislation would create a committee to come up with consumer safety standards for hemp-derived products, establish a 2 milligram serving limit and prohibit the common commercial practice of chemically altering CBD to produce delta-8 THC.

Tiffany Ingram, executive director of the Cannabis Business Association of Illinois, highlighted the consumer risks from unregulated hemp-derived products, including potential health hazards and the easy access these products have to minors.

“The legislation would also prohibit the sale of delta-8 and other synthetic THC intoxicants,” Ingram said.

“What I like to say is ‘Frankenstein weed’ is created through a chemical process that amplifies potencies in hemp,” she said. “The result is an intoxicating product often many times more intoxicating that what actually licensed cannabis dispensaries can sell.”

In the case of edible cannabis products, legal cannabis may only be sold in packages of up to 100 milligrams of THC divided into smaller doses. Individual packages of unregulated edible delta-8 products can contain considerably more at a significantly lower cost.

But hemp-derived THC does not include the full spectrum of hundreds of types of cannabinoids found in cannabis-derived products. Some research suggests they work together with a synergistic effect that influences the body’s endocannabinoid system more effectively than any single compound alone.

As a result, delta-9 THC — the type sold in state-regulated dispensaries — is usually considered about twice as potent than delta-8 — the type sold in gas stations and smoke shops.

Delta-9 and all cannabis-derived THC is still considered a Schedule I substance under the Controlled Substances Act by the U.S. Drug Enforcement Administration, or DEA, which has declared it has a high potential for abuse and no currently accepted medical use.

DEA officials, who have sole authority over the designation, have recently resisted President Joe Biden’s push to reclassify marijuana as a schedule 3 drug, like ketamine or codeine — despite the recommendation of scientists from the Food and Drug Administration and the National Institute on Drug Abuse.

State Sen. Celina Villanueva (D-Chicago) was part of the negotiations that led to the 2019 passage of the Cannabis Regulation and Tax Act, which placed the state’s cannabis industry in the hands of a small group of wealthy white male investors despite the stated objective of lawmakers approach marijuana legalization from a “social equity” framework.

Villanueva said the Illinois hemp industry should now be regulated with the same kind of careful approach that the Illinois General Assembly applied to cannabis.

“The landscape surrounding hemp consumption, you know, consumer products, has been marred by confusion and risk,” Villanueva said at the news conference introducing Senate Bill 3926.

“The proliferation of unregulated THC products has not only confused consumers but has also put them in harm’s way,” she said. “This situation cannot continue to go unchecked. It is imperative that we take decisive action to establish a regulatory framework that ensures the safety and integrity of hemp consumer products.”

The proposed legislation has bipartisan support, including from the deputy leader of the House GOP, WCIA reported.

“It’s time for us as policymakers to intervene and to protect the consumers but especially to protect Illinois children,” said State Rep. Norine Hammond (R-Macomb).

Other state lawmakers have pushed for better regulation of delta 8 rather than outright prohibition.

And one operator of a Chicago-based company that makes hemp-infused beverages told Capitol News Illinois that the cannabis industry’s news conference was “full of inaccuracies.”

“Many of the claims made today do not represent the thousands of businesses who produce or sell safe, accurately labeled, and tested products,” said Plift co-founder Glenn McElfresh.

In Highland Park, an ordinance banning the sale of delta-8 THC products and a ban on anyone under 21 possessing or using them took effect at the start of this month. Fines escalate from $150 to $1,000 for a first offense up to $500 to $2,500 for a third or subsequent one.

Barbara de Nekker, executive director of Highland Park-based Community the Anti-Drug, said the ordinance will reduce the risk of youth using THC products.

“It reduces their exposure to cannabis advertising, makes it more difficult for them to get it, increases their perception of harm, and sends a clear message that adults in the community think youth should stay drug-free,” according to de Nekker. “Highland Park joins just a handful of other Illinois communities who have voted for this ban: Barrington, Antioch, Wheeling and Elk Grove Village.”