It’s rare for policymakers to get a preview of the consequences of pending policies, but the descheduling of hemp-derived THC products has provided a preview of what is to come if marijuana is rescheduled and commercialized.
As the federal government considers rescheduling marijuana, policymakers should learn from the mistakes that were made in the 2018 Farm Bill. If marijuana is rescheduled—or descheduled—these same harms will be scaled up nationwide and further accelerated by a predatory, profit-driven industry fueled by Wall Street investors.
Just like the legalization of hemp has led to the creation of new psychoactive compounds, the rescheduling of marijuana will grossly threaten public health and safety.
Federal lawmakers descheduled hemp and legalized its use for industrial purposes. Hemp is a variant of the cannabis plant that naturally contains low concentrations of Delta-9 THC, the psychoactive component that makes users feel a “high.” Hemp’s legal definition requires it to contain less than 0.3% THC by weight.
Despite politicians’ intentions for increased use of hemp fibers in fabric and manufacturing, legalization of allowed Delta-8 THC to be extracted from the plant and converted into products with much stronger concentrations that mimic traditional Delta-9 THC. This created an industry specializing in making CBD supplements, and now the proliferation of hemp-derived Delta-9 THC in beverages and other products.
Through the best legal representation money can buy, companies have created new compounds and exploited every loophole in the law to create an addictive product and make it available in retail stores nationwide.
Delta-8 Legalization
Because Delta-8 THC is neither regulated nor prohibited at the federal level, there’s no age restriction on its sale or use. Children can often buy it in gas stations and convenience stores, alongside candies and other snacks, as well as online and in smoke shops.
Millions of children have begun using it. The National Institute on Drug Abuse, through its Monitoring the Future survey, found that 11.4% of 12th-graders in the US used Delta-8 THC last year. The MTF report noted that “this prevalence level is considerable for a substance that has only recently come to market.”
Likewise, there has been a surge in calls to poison control centers about exposures to Delta-8 THC. There were 3,358 exposures managed by poison control centers in 2022, up 82% from 2021.
This is a vast underestimate because many individuals likely wouldn’t report the accidental exposure of their child. In January, Carol DesLauriers, the board president of America’s Poison Centers and leader of the Illinois Poison Center, warned about “emerging public health threats, such as fentanyl and Delta-8 THC.”
In “Psychology Today,” Dr. Lantie Jorandby said, “I’ve no doubt delta-8 THC would have this same gateway effect” on underage users who go on to use “hard drugs.” At a minimum, it’s reasonable to assume users of Delta-8 THC may be more likely to use stronger marijuana products over their life course and ultimately develop a cannabis use disorder.
The Food and Drug Administration issued a warning that the companies selling Delta-8 THC rely on marketing that appeals to children, finding that such products are sold as gummies, chocolates, cookies, and candies. The FDA hasn’t approved such products for safe use.
Given the harms outlined above, 17 states have banned Delta-8 THC, including marijuana-friendly states such as Colorado, Oregon, Alaska, and New York. In the past year, Smart Approaches to Marijuana has helped contribute toward effort to ban Delta-8 in Arkansas.
The inadvertent legalization of hemp-derived THC products has provided us with a preview of what’s to come if marijuana is rescheduled and further commercialized.
Consequences
Rescheduling—or descheduling—marijuana will exacerbate the problems of Delta-8. Allowing bad actors to distribute some drugs more widely—especially today’s high-potency drugs with up to 99% THC—will lead to higher use rates.
This unquestionably will correspond to increases in adverse effects, including greater instances of drugged driving fatalities, higher property crime rates, and an explosion in the illicit market.
Rescheduling marijuana would also come with unseen harm. Under the Department of Health and Human Services’ recommendation, the addiction-for-profit industry would finally secure the ability to deduct business, promotional, and other expenses by repealing Section 280E of the tax code. This would mean even more money for the industry to aggressively market its products, just like what’s happened with Delta-8.
Policymakers should know better by now. The Delta-8 THC experience has painted a clear picture that the predatory profit-driven marijuana industry can’t be trusted. The attempt to reschedule marijuana would only make this public health catastrophe worse, and it should be rejected.
This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.
Author Information
Kevin Sabet is the president of Smart Approaches to Marijuana and the Foundation for Drug Policy Solutions. He’s a former White House drug policy adviser to Presidents Barack Obama, George W. Bush, and Bill Clinton.
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