‘Wild West environment’ of mislabeled hemp products like Delta-8 THC prompts renewed calls for regulation
Health and law enforcement officials Thursday called for regulation of unlicensed cannabis products in Illinois after a study found that many products contain far higher levels of intoxicating drugs than their labels disclose.
The hemp-derived products, like Delta-8 and Delta-10 THC, are sold across the Chicago area in smoke and vape shops and gas stations with no legal age restriction to prevent sales to minors.
A new study by a former University of Illinois at Chicago researcher found that such products “pose a clear danger” and a “huge risk” to consumers.
“Without regulations being put in place and then fully enforced, this danger will continue, and more people will be harmed,” wrote Jennifer Bash.
In response, Chicago Ald. Brian Hopkins, 2nd, called for legislation to ban or regulate such products.
“This is a completely unregulated, Wild West environment,” he said.
The issue highlights a fundamental conundrum in the law. While state-licensed cannabis is required to undergo tracking and testing for contaminants and labeling of potency, federally legalized hemp derivatives generally face no such requirements.
The 2018 federal Farm Bill legalized hemp, defined as cannabis plants that have less than 0.3% by weight of Delta-9 THC, the primary component of the plant that gets users high. State law requires testing of hemp crops to ensure they’re below the threshold, but consumer products don’t face the same scrutiny, creating a loophole in the law.
The intent of legalizing hemp was to allow production of non-intoxicating hemp derivatives such as CBD. When the U.S. Food and Drug Administration failed to develop regulations for the use of CBD in commercial products, producers developed synthetic derivatives such as Delta-8, Delta-9 and Delta-10 THC, which can get users high like typical marijuana. Delta-8 and Delta-10 mimic Delta-9, but their health effects are unknown.
Because of the lack of required testing, customers often have no assurance of what is in the products they are buying.
The study found that 93% of tested edibles and all of the flower products had inaccurate THC labeling, with up to 456% more THC than stated.
Many items labeled as containing Delta-8 often contained other cannabinoids, including Delta-9 THC, and some had none of what was on the label.
Illinois regulations limit licensed cannabis products to 100 milligrams of THC, but hemp products often far exceeded that, with as much as 7,000 milligrams.
Marijuana is known to harm adolescent’s IQ and memory. At a news conference Thursday at Lurie’s Children’s Hospital, Dr. Maria Rahmandar called for limiting access to hemp cannabinoids, warning that the health effects are not fully known.
Cook County Sheriff Tom Dart said the synthetic cannabinoids had contributed to a sharp increase in overdoses at the county jail last year, saying the situation is “deeply concerning and demands attention.”
Last year, five students at a high school in Uptown were sickened by unlicensed products.
The Midwest Hemp Council, a trade group, has been trying to get regulation of the industry for some time, arguing that bad actors who sell mislabeled products to minors are jeopardizing reputable businesses.
Charles Wu, founder of Chi’tiva, a Chicago business that grows and sells hemp-derived products, said he’s hopeful for state lawmakers to pass legislation this spring.
“Regulation is good for everybody,” Wu said. “It’s better to regulate and tax it than push it into the gray market.”
Hopkins has previously proposed regulating such products, but the City Council has not acted on it yet.
