In this session, attorney Bob Hoban will explore the current legal and regulatory landscape in the United States related to intoxicating hemp cannabinoids. Anyone who is keeping a pulse on the cannabis industry knows of the rise of products containing such cannabinoids, like delta-8 tetrahydrocannabinol, over the last 5 years after the passing of the 2018 Agricultural Improvement Act, or 2018 Farm Bill. Delta-8 - and other variations of intoxicating hemp cannabinoids like THC-O, THC-JD, and Delta-10 – represent a controversial cannabis industry segment that some industry pundits attribute to a “legal loophole” created in the definition of hemp under the 2018 Farm Bill. Regardless of legislative intent behind establishing a formal definition of hemp, the 2018 Farm Bill expressly allows for commercial activities related to products that contain under 0.3% delta-9 tetrahydrocannabinol and that are sourced from lawful hemp, including delta-8, as affirmed by the 9th Circuit of Appeals in their recent decision in AK Futures v. Boyd Street Distro. 

While the federal legality of such products has been confirmed by the federal judiciary, administrative agencies like the FDA and DEA have declined to issue regulations pertaining to those products. States have stepped in and passed varying versions of regulations pertaining to intoxicating hemp products. On one hand, some have approached the regulation of such products similarly as to the ways they regulate cannabis by requiring firms engaged in manufacturing or selling those products to be licensed. On the other hand, some have taken more of a free market approach and allow such products to be introduced into commerce freely, with the condition that they are sourced from lawful hemp. 

Bob will explore the contours of the intoxicating hemp product landscape, including a comparison of different regulatory approaches and the pros and cons of each. Further, Bob will share his personal thoughts on the future of intoxicating hemp product regulations and their role in the emerging cannabis industry. 

Learning Objectives: 

1. Demonstrate an understanding of the federal regulatory scheme pertaining to intoxicating hemp derived products.

2. Be able to differentiate between different state frameworks currently regulating intoxicating hemp derived products. 

3. Visualize the current legal landscape in the United States for intoxicating hemp derived products.

4. Explain the legal and practical differences between intoxicating hemp derived products and intoxicating marijuana derived products.