CBD and Hemp stores have found a loophole that allows them to sell a product similar to marijuana that induces a high. Marijuana is defined as having .3 percent or more of Delta-9-THC in it. The product being sold in retail stores contains a different THC called Delta-8. Alex Petrick with FloridaHempDistribution.com explains the workaround.
“Because there’s no laws explicitly talking about Delta-8-THC it leaves an opportunity open for the market to be able to make those products with no regulations on them, and be able to sell a THC version and not have to have a medical marijuana card or dispensary to be able to sell it and buy it,” said Petrick.
In August, the federal Drug Enforcement Administration ruled Delta-8-THC a synthetic cannabinoid, essentially making it illegal. Yet, Delta-8 THC is naturally found in the cannabis plant. The matter over whether it is synthetic will be argued in the US Court of Appeals where Hemp Industry members have asked for a review of the rule. Petrick says until a final decision is made, he’s going to keep selling Delta-8.