Global “CBD Oil Market” 2020 Industry Research Report is an inside-out and expert examination on the flow condition of the Global CBD Oil industry. In addition to that, this latest investigative report sorts the global CBD Oil market by end client, type, area, and top players/brands. This report further elaborates various factors affecting the market drivers and development. CBD Oil market also puts forward insights into market size, crucial markers, review, as well as the most recent net edge, income, types, patterns, along with provincial figure and examination.
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The global CBD Oil market is anticipated to rise at a considerable rate during the forecast period, between 2020 and 2026. In 2020, the market was growing at a steady rate and with the rising adoption of strategies by key players, the market is expected to rise over the projected horizon.
The Global CBD Oil market 2020 research provides a basic overview of the industry including definitions, classifications, applications and industry chain structure. The Global CBD Oil Market Share analysis is provided for the international markets including development trends, competitive landscape analysis, and key regions development status. Development policies and plans are discussed as well as manufacturing processes and cost structures are also analyzed.
“Final Report will add the analysis of the impact of COVID-19 on this industry.”
Under COVID-19 Outbreak, how the CBD Oil Industry will develop is also analyzed in detail in Chapter 1.7 of the report.
In Chapter 2.4, we analyzed industry trends in the context of COVID-19 for CBD Oil Market.
In Chapter 3.5, we analyzed the impact of COVID-19 on the product industry chain based on the upstream and downstream markets for CBD Oil Market.
In Chapters 6 to 10 of the report, we analyze the impact of COVID-19 on various regions and major countries on CBD Oil Market.
In chapter 13.5, the impact of COVID-19 on the future development of the industry is pointed out.
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The report can help to understand the market and strategize for business expansion accordingly. In the strategy analysis, it gives insights from marketing channel and market positioning to potential growth strategies, providing in-depth analysis for new entrants or exists competitors in the CBD Oil industry.This report also states import/export consumption, supply and demand Figures, cost, price, revenue and gross margins. For each manufacturer covered, this report analyzes their CBD Oil manufacturing sites, capacity, production, ex-factory price, revenue and market share in global market.
Global CBD Oil Market Report 2020 provides exclusive vital statistics, data, information, trends and competitive landscape details in this niche sector.
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List Of TOP KEY PLAYERS in CBD Oil Market Report are
- Aurora Cannabis
- Aphria Inc.
- Tilray, Inc.
- Medical Marijuana Inc.
- Isodiol International Inc.
- Canopy Growth
- Canopy Growth Corporation
The report also focuses on global major leading industry players of Global CBD Oil Market Share providing information such as company profiles, product picture and specification, capacity, production, price, cost, revenue and contact information. Upstream raw materials and equipment and downstream demand analysis is also carried out. With tables and figures helping analyse worldwide Global CBD Oil Market Forecast this research provides key statistics on the state of the industry and is a valuable source of guidance and direction for companies and individuals interested in the market.
The Global CBD Oil Market Trends, development and marketing channels are analysed. Finally, the feasibility of new investment projects is assessed and overall research conclusions offered.
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On the basis of product, this report displays the production, revenue, price, market share and growth rate of each type, primarily split into
- Marijuana-derived CBD Oil Products
- Hemp-derived CBD Oil Products
On the basis of the end users/applications, this report focuses on the status and outlook for major applications/end users, consumption (sales), market share and growth rate for each application, including
- Fibromyalgia (FM)
- Chronic Pain
- Other Diseases
Some of the key questions answered in this report:
- What will the CBD Oil market growth rate, growth momentum or acceleration market carries during the forecast period?
- Which are the key factors driving the CBD Oil market?
- What was the size of the emerging CBD Oil market by value in 2019?
- What will be the size of the emerging CBD Oil market in 2026?
- Which region is expected to hold the highest market share in the CBD Oil market?
- What trends, challenges and barriers will impact the development and sizing of the Global CBD Oil market?
- What are sales volume, revenue, and price analysis of top manufacturers of CBD Oil market?
- What are the CBD Oil market opportunities and threats faced by the vendors in the global CBD Oil Industry?
Major regions covered in the report:
- North America
- Latin America
- Middle East Africa
Major Points from Table of Contents:
1 Market Overview
1.1 Product Definition and Market Characteristics
1.2 Global CBD Oil Market Size
1.3 Market Segmentation
1.4 Global Macroeconomic Analysis
1.5 SWOT Analysis
2. Market Dynamics
2.1 Market Drivers
2.2 Market Constraints and Challenges
2.3 Emerging Market Trends
2.4 Impact of COVID-19
2.4.1 Short-term Impact
2.4.2 Long-term Impact
3 Associated Industry Assessment
3.1 Supply Chain Analysis
3.2 Industry Active Participants
3.2.1 Suppliers of Raw Materials
3.2.2 Key Distributors/Retailers
3.3 Alternative Analysis
3.4 The Impact of Covid-19 From the Perspective of Industry Chain
4 Market Competitive Landscape
4.1 Industry Leading Players
4.2 Industry News
4.2.1 Key Product Launch News
4.2.2 M&A and Expansion Plans
5 Analysis of Leading Companies
5.1.1 Elixinol Company Profile
5.1.2 Elixinol Business Overview
5.1.3 Elixinol CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.1.4 Elixinol CBD Oil Products Introduction
5.2 Aurora Cannabis
5.2.1 Aurora Cannabis Company Profile
5.2.2 Aurora Cannabis Business Overview
5.2.3 Aurora Cannabis CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.2.4 Aurora Cannabis CBD Oil Products Introduction
5.3 Aphria Inc.
5.3.1 Aphria Inc. Company Profile
5.3.2 Aphria Inc. Business Overview
5.3.3 Aphria Inc. CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.3.4 Aphria Inc. CBD Oil Products Introduction
5.4 Tilray, Inc.
5.4.1 Tilray, Inc. Company Profile
5.4.2 Tilray, Inc. Business Overview
5.4.3 Tilray, Inc. CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.4.4 Tilray, Inc. CBD Oil Products Introduction
5.5 Medical Marijuana Inc.
5.5.1 Medical Marijuana Inc. Company Profile
5.5.2 Medical Marijuana Inc. Business Overview
5.5.3 Medical Marijuana Inc. CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.5.4 Medical Marijuana Inc. CBD Oil Products Introduction
5.6 Isodiol International Inc.
5.6.1 Isodiol International Inc. Company Profile
5.6.2 Isodiol International Inc. Business Overview
5.6.3 Isodiol International Inc. CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.6.4 Isodiol International Inc. CBD Oil Products Introduction
5.7 Canopy Growth
5.7.1 Canopy Growth Company Profile
5.7.2 Canopy Growth Business Overview
5.7.3 Canopy Growth CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.7.4 Canopy Growth CBD Oil Products Introduction
5.8 Canopy Growth Corporation
5.8.1 Canopy Growth Corporation Company Profile
5.8.2 Canopy Growth Corporation Business Overview
5.8.3 Canopy Growth Corporation CBD Oil Sales, Revenue, Average Selling Price and Gross Margin (2015-2020)
5.8.4 Canopy Growth Corporation CBD Oil Products Introduction
6 Market Analysis and Forecast, By Product Types
6.1 Global CBD Oil Sales, Revenue and Market Share by Types (2015-2020)
6.1.1 Global CBD Oil Sales and Market Share by Types (2015-2020)
6.1.2 Global CBD Oil Revenue and Market Share by Types (2015-2020)
6.1.3 Global CBD Oil Price by Types (2015-2020)
6.2 Global CBD Oil Market Forecast by Types (2020-2025)
6.2.1 Global CBD Oil Market Forecast Sales and Market Share by Types (2020-2025)
6.2.2 Global CBD Oil Market Forecast Revenue and Market Share by Types (2020-2025)
6.3 Global CBD Oil Sales, Price and Growth Rate by Types (2015-2020)
6.3.1 Global CBD Oil Sales, Price and Growth Rate of Marijuana-derived CBD Oil Products
6.3.2 Global CBD Oil Sales, Price and Growth Rate of Hemp-derived CBD Oil Products
6.4 Global CBD Oil Market Revenue and Sales Forecast, by Types (2020-2025)
6.4.1 Marijuana-derived CBD Oil Products Market Revenue and Sales Forecast (2020-2025)
6.4.2 Hemp-derived CBD Oil Products Market Revenue and Sales Forecast (2020-2025)
7 Market Analysis and Forecast, By Applications
7.1 Global CBD Oil Sales, Revenue and Market Share by Applications (2015-2020)
7.1.1 Global CBD Oil Sales and Market Share by Applications (2015-2020)
7.1.2 Global CBD Oil Revenue and Market Share by Applications (2015-2020)
7.2 Global CBD Oil Market Forecast by Applications (2020-2025)
7.2.1 Global CBD Oil Market Forecast Sales and Market Share by Applications (2020-2025)
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April 20 Launches & Promotions
If you are planning to head to a dispensary on April 20, here are some options. Some of these companies are launching products on 420, while others are offering special promotions. Creating 100% all-natural products with no artificial terpenes, flavors, or additives, Bloom Farms’ mission is to bring safe and enjoyable products to people who […]
If you are planning to head to a dispensary on April 20, here are some options. Some of these companies are launching products on 420, while others are offering special promotions.
Creating 100% all-natural products with no artificial terpenes, flavors, or additives, Bloom Farms’ mission is to bring safe and enjoyable products to people who use cannabis as part of a healthy, fulfilling lifestyle. The company rigorously tests all its products, and they have a longstanding 1:1 program in place to address food insecurity. Through a network of food banks, Bloom Farms provides one meal to a person in need for each of its products sold. They proudly have provided over 2.5 million meals to date.
4/20 DEBUT: In celebration of 4/20, Bloom Farms is releasing their premium sun-grown natural cannabis flower in ½ oz pouches of Smalls. Choose from strains like Watermelon Cookies, Durban Triangle, Strawberry Fields, Captain Larry, and more! Meticulously tested for quality, safety & consistency, Bloom Farms’ California-crafted flower is sustainably grown and sourced from farmers who care about the land, environment, and community.
Bloom Farms Wellness (Available nationally)
(Tinctures, Vapes, Topicals)
Bloom Farms Wellness creates products made with high quality, uncut, hemp-derived CBD vape oil, and tinctures and topicals from organically grown hemp. All of Bloom Farms’ flavors are natural, non-intoxicating, and alcohol-free. Their bestselling Dream 5:1 CBD/CBN comes in a 1200mg tincture, as well as in vaper cartridges and mini-pens.
4/20 SPECIAL: currently has special $20 pricing on all Mini Vapor Pens and Cartridges (including CBN) through 4/20. These ship nationally, with free standard shipping on any order over $60.
Also, check out Bloom Farms Sport Stick made especially for pre-and post-workouts! Suitable for men and women alike, the 600 mg CBD Sport Stick is a fast-acting, hands-free balm that boosts recovery and keeps you moving, made from sustainably grown, full-spectrum CBD oil.
CALI HEIGHTS – A BRAND NEW HIGH QUALITY, LOW PRICE BRAND
Cali Heights (CA only)
Quality, price point, and philosophy are at the forefront of Cali Heights, a new brand featuring premium flower, cannabis cartridges, and oil and crumble infused pre-rolls, founded by Eric Theise.
Products hit the dispensary shelves just a few months ago, but the company is already seeing a promising pattern of rapid sell-through, repeat increased orders, and brand loyalty. Eric started as Head of Sales at Bloom Farms in 2014 and has had boots on the ground in dispensaries for seven years.
After speaking with everyone from buyers to budtenders to customers and even security guards, he has a real good sense of what people want and is able to offer it at a fraction of the price because he handles everything in-house, from manufacturing to distributing.
PAYING IT FORWARD ON 4/20…AND BEYOND
Farmer and the Felon (CA Only)
Farmer and the Felon is a new flower brand from CannaCraft, paying homage to the company’s cofounders, Ned Fussell and Dennis Hunter. The brand provides a portion of proceeds to the Last Prisoner Project, an advocacy group working to fight the cannabis-related incarceration pandemic through expungement, re-sentencing, re-trial, and re-entry programs.
Farmer and the Felon launched with over 30 strains and is available in California in ⅛ oz, ¼ oz and ½ oz bags and 1 gram prerolls. Popular strains: Shark Shock, Mimosa, Lemongrass, Motorbreath, and Vanilla Frosting. (photo assets)
SWEET TREATS FOR 4/20 OR ANY OCCASION
Satori Singles (CA Only)
Satori Singles pairs socially responsible chocolate with cutting-edge cannabinoid science to create the perfect edible experience. Combining the great taste of sustainably sourced South American cacao with pure cannabis oil, Satori Singles uses a nano-emulsifier to allow the cannabinoids to be absorbed quickly and efficiently. Available in both milk and dark chocolate, with just 10mg of THC per package – perfect for incorporating into desserts!
Satori Bites (CA Only)
Satori Chocolates are hand-crafted, artisanal chocolate edibles of the highest quality, globally sourced ingredients to provide the richest microdosing experience. Whether you’re a dark or milk chocolate lover, a THC or CBD seeker, Satori has you covered with 6 flavors of Chocolate Bites and doses allowing the consumer to control their Satori journey.
Fast-acting Strawberries in Milk Chocolate
CBD Blueberries in Dark Chocolate
Sweet & Salty Almonds in Dark Chocolate
ABX All-Natural Cannabis Gummies (CA Only)
Vegan, Gluten-Free, AbsoluteXtracts Cannabis Gummies deliver delicious real fruit flavor and potent effects. Premium, all-natural ingredients and high-potency sun-grown cannabis oil. Available in four mouthwatering flavors: Chili Lime Piña, Mixed Berry, Strawberry, and Key Lime.
NEW STRAIN-SPECIFIC FLAVORS, COMING SOON!
RAISE A GLASS ON 4/20 WITH ONE OF THE MOST POPULAR CANNABIS BEVERAGES!
HiFi Hops (CA and CO Only)
Lagunitas and AbsoluteXtracts have paired up to bring you Hi-Fi Hops, a hoppy sparkling beverage— zero-calories, and zero-carbs—infused with the finest THC & CBD from locally-grown cannabis. Truly the best of both worlds!
Unplugged, their 18:1 CBD-rich beverage, contains 18mg of CBD and less than 2mg of THC to create a calming and overall relaxation with very little to no psychoactive effect. Tuner, their 5:5 version, is dialed into just the right balance of THC & CBD, 5mg of each, and is both calming and invigorating. If you are looking for a blast of THC, Reverb is a stimulating and invigorating experience, providing an amped-up charge from 10mg of THC.
CUSTOMIZE YOUR 4/20 WITH RATIO PRODUCTS FROM CARE BY DESIGN
Care By Design Ratio line (Tinctures, Topical, Gummies, Soft Gels, Vapes) (CA Only)
Care By Design, the pioneer of CBD to THC ratios has recently reformulated its product line without changing its value price. The reformulated products now have an increased cannabinoid count by more than 25% per ratio, as well as the minor (but mighty) cannabinoids, CBDa and THCa. And the company now offers a groundbreaking new ratio, the highest available in the California market – 40:1.
40:1 offers those who are less familiar with cannabis to experience its benefits without worrying about psycho-activity.
More cannabinoids for the same price
Minor cannabinoids CBDa and THCa
Unique cold extraction method to capture a wider array of cannabinoids
30 ml value size tinctures
Tincture sample pack (6 x 5 ml)
Soft gels sample packs (1 ct)
Best in $/mg cannabinoid value
The most cannabinoid content per mg/ml
Available in 6 ratios of CBD to THC (entire line contains 36 products)
Full-spectrum, whole-plant cannabis oil
Triple-tested for quality and consistency
CELEBRATE 4/20 WITH NATIONALLY AVAILABLE CBD, TOO!
Care By Design Hemp line (Topicals, Tinctures, Soft Gels) (Available nationally)
Care By Design, California’s #1 CBD brand known for their signature ratio products, has just added three lifestyle & wellness topical products to their nationwide hemp line:
Cooling Cream – made for cooling down your skin, soothing achy muscles or joints after your daily workout, or for occasional pain from daily activity. Ingredients include 800 mg of full-spectrum hemp CBD, camphor, menthol, sunflower seed oil, and bergamot oil.
Hand and Body Lotion – perfect for your hands, legs, knees, feet, and anywhere else that needs a long-lasting moisture boost. Ingredients include 260 mg of full-spectrum hemp CBD sunflower oil, shea butter, squalane oil.
Muscle Balm – designed for easy use before or after intense activity. Ingredients include 400 mg of full-spectrum hemp CBD, shea butter, jojoba oil, eucalyptus oil, peppermint oil, and Vitamin E.
Care By Design Hemp is also available in drop and gel capsule form, and includes five effect-based options:
Relief – formulated to relieve aches and pains.
Rest – formulated to help you get to sleep, stay asleep, and wake refreshed
Calm – formulated to soothe stress and calm fears.
Balance – formulated to balance your mood and improve your sense of well-being
Uplift – formulated to boost your mood and spirits.
Each formulation is created with California sun-grown hemp CBD and carefully selected botanical terpenes to maximize therapeutic benefits.
OTHER PRODUCTS FROM TRUSTED BRANDS:
ABX (Vapes, soft gels, sublingual drops) (CA Only)
ABX 200mg Cannabis Soft Gel
ABX has doubled the dose of their best-selling 100mg soft gel to create the most potent single-serve softgel, tablet, or capsule available in California! It’s also the most cost-effective, at $13 per serving. Available in single-serve foil packs as well as in 5-count gel cap bottles, and sold in recreational and medical dispensaries throughout California.
ABX is the leader in strain-specific, full-spectrum cannabis oil vape cartridges. They feature 100% pure cannabis oil, available in CCELL technology. CCELL technology offers improved flavor, consistent hits, and lets you experience the quality of ABX full-spectrum
cannabis oil at the next level. Free of additives and artificial flavors, ABX oil is from cannabis grown in
California and cleanly extracted using a supercritical CO2 method.
ABX also offers seasonally fresh live resin, ABX Live, in pods, concentrates and cartridges, and Loud+Clear: high-potency cannabis oil cartridges that feature their loudest all-natural live resin cannabis terpenes.
ABX Sleepy Time is formulated with potent THC and a supporting blend of terpenes designed to support restful sleep and is available in soft gels, vape cartridges, and sublingual drops.
5 Possible Reasons Why CBD Might Not Be Working For You As Well As It Could
Visit our community site for vetted suppliers at http://theCBD.place. It’s time that this subject was given more internet exposure. We are here to discuss topics related to medical marijuana and our experiences using CBD. Please do not assume that anyone here is a medical professional.
The Delta-8 THC Controversy
Even as the edifice of cannabis prohibition crumbles state by state, the federal illegality of the plant and its principal psychotropic component THC continues to drive a quest for loopholes in the relevant statutes. Hence the recent focus on Delta-8 tetrahydrocannabinol — a psychoactive but less potent cannabinoid than the more common and notorious Delta-9 THC.
Is there any truth to the claim that the 2018 Farm Bill inadvertently legalized Delta-8 THC, as some entrepreneurs maintain? That certainly wasn’t the spirit or intent of the Farm Bill, which did not seek to legalize psychoactive cannabis compounds.
The Farm Bill removed hemp – defined as cannabis with less than 0.3 percent THC – from the purview of the Controlled Substances Act. But the Farm Bill never actually mentions Delta-8 THC. And there’s considerable disagreement among hemp advocates regarding the legal status of this compound and what it means for the cannabis industry as a whole.
The Delta-8 Craze
Delta-8 THC (like CBD a couple of years ago) is suddenly everywhere — from upscale boutiques to truck stops. The Chicago Sun-Times (April 13, 2021) writes, rather credulously, that a “growing number of Chicago businesses are now exploiting a loophole in federal law that appears to allow the unfettered sale of a trendy hemp byproduct called Delta-8-THC, which has commonly been described as ‘marijuana-lite’ or ‘diet weed.’ Retailers across the city have started selling a variety of Delta-8 products in settings that resemble licensed cannabis dispensaries but aren’t subject to the same stiff regulations. Many sell everything from edibles to vape cartridges, as well as smokable hemp flower sprayed with Delta-8 extract.”
Emporia such as the Wake-N-Bakery coffee shop in Chicago’s Lake View district “seized on Delta-8 after the federal Farm Bill of 2018 made legal the distribution and sale of hemp and its byproducts. That law explicitly excluded Delta-9, but there’s no mention of its mellower relative.”
Typical boosterism is displayed in a February 2021 press release from the Boston Hempire company: “There are about 120 total cannabinoids within the hemp plant including the most known CBD, THC, and CBG. New cannabinoids like CBN and CBC are starting to enter the market as well. As science begins to dive deeper into the plant’s genetic makeup, new products like Delta-8 THC are coming to light. This federally legal derivative from the hemp plant falls under the 2018 Farm Bill Act.”
A somewhat more sober assessment is offered by Hemp Benchmarks website, which asks if Delta-8 will be the “ ‘Next Big Thing’ or a Dead End for the Hemp Industry?” It states: “While there is burgeoning interest in Delta-8 THC in the U.S. hemp industry, its legal status is uncertain.”
Pushback from State Law Enforcement
In March of this year, police in the town of Clinton, South Carolina, raided a vape shop and seized an inventory of Delta-8 products. TSR Vape Shop owner Robert Oggenfuss was surprised by the turn of events. “They just told me point blank that they had it tested, it broke the law, so they’re taking my stuff,” Oggenfuss told WYFF, the NBC–TV affiliate in Laurens County.
In typically garbled verbiage, WYFF reported: “The Clinton police chief referenced SC Law 44-53-0190, which classifies Delta-8 as a controlled substance for having levels of THC … According to the South Carolina Hemp Farming Act, a product cannot contain more than 0.3% Delta-9 THC. No South Carolina law appears to specifically address Delta-8.”
To clarify: Delta-8 cannot have “levels” of THC, because it is THC. Presumably, what the report meant is that the products on sale had above 0.3% Delta-9 THC. Or that the police labs could not distinguish Delta-8 from Delta-9. Or that the authorities consider them equally illegal and therefore any product with more than 0.3% Delta-8 THC is forbidden in the Palmetto State.
Although law enforcement operations targeting Delta-8 THC products have been few and far between thus far, some states are proactively moving to ban Delta-8 THC. The Alabama Political Reporter informs us that the legislature in Montgomery is considering a measure that would add Delta-8 and Delta-10 (another THC variant) to the state’s controlled substances list. The measure, which has cleared the Senate Judiciary Committee, is being “vociferously opposed” by the Cotton State’s hemp industry.
But of course the big-ticket question is federal law — and here, the claims and counterclaims about Delta-8 THC are hot and heavy.
The DEA, as Usual, Just Says No
In August 2020, the Drug Enforcement Agency (DEA) issued new regulations for CBD and other hemp derivatives, which classified Delta-8 THC as a Schedule One controlled substance. Entitled “Implementation of the Agriculture Improvement Act of 2018,” the DEA’s Interim Final Rule explicitly states that the Farm Bill “does not impact the control status of synthetically derived tetrahydrocannabinols … because the statutory definition of ‘hemp’ is limited to materials that are derived from the plant Cannabis sativa L. For synthetically derived tetrahydrocannabinols, the concentration of Delta-9 THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.”
So the question hinges, to a large extent, on whether the Delta-8 in a given product is “synthetically derived.” Nearly all the Delta-8 on the market today is produced by chemically tweaking CBD in a laboratory. In other words, it is not directly extracted from the hemp plant but is synthesized from CBD that is directly extracted from the plant.
Also at issue is the 1986 Federal Analogue Act, which states that a chemical analog of a controlled substance “shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.” This means that the provisions of the 1970 Controlled Substances Act (CSA) that make Delta-9 THC a Schedule I substance also apply to Delta-8. Technically, Delta-8 THC is an isomer of Delta-9 THC, which means the molecules are made up of the same atoms, but they are arranged differently.
Moreover, the DEA’s official list of Controlled Substances, under its entry for “Tetrahydrocannabinols,” names these as: “THC, Delta-8 THC, Delta-9 THC, dronabinol and others.”
Is there really any ambiguity here? Only inasmuch as the 2018 Farm Bill carved out hemp-derived cannabinoids other than Delta-9 THC from the Controlled Substances Act. This is the narrow point seized upon by the Delta-8 boosters to make their case.
The Benefit of Mr. Kight
The most aggressive and sophisticated of these boosters is Rod Kight, a North Carolina attorney who is currently representing the Hemp Industries Association and other plaintiffs in a federal court challenge to the DEA’s Interim Final Rule of last August. The case actually does not concern Delta-8; it involves the DEA’s classification of “waste hemp material,” which may contain THC, as a Schedule I substance.
On his blog, Kight contends that Delta-8 THC is legal because “tetrahydrocannabinols in hemp” are not controlled substances, according to the Farm Bill. But this argument hinges entirely on whether the Delta-8 now being marketed was, in fact, “in” hemp to begin with — or was it synthesized from “tetrahydrocannabinols in hemp”?
Project CBD spoke by phone to Kight at his office in Asheville to better understand his views on the matter. “I consider Delta-8 to be a hemp extract,” he says. “Or, the clearer way to say it is that is Delta-8 can be extracted from hemp. If Delta-8 is extracted from hemp, it’s legal — and that’s undoubtedly the case. Delta-8, while remarkably similar to Delta-9, is not Delta-9. And CBD derived from hemp is actually hemp from a statutory legal standpoint because hemp derivatives are also hemp under the Farm Bill.”
Kight’s quixotic quest for a legal loophole is reminiscent of the persistent stoner folklore that Cannabis Indica is actually legal because federal law only references Cannabis Sativa. The legendary botanist Richard Evans Schultes actually testified in court to this effect on behalf of cannabis defendants in the 1970s. But the court didn’t buy it, finding that the meaning of the name Cannabis Sativa was for legal purposes in the domain of judicial, not scientific, authority.
Good Guys & Bad Guys
Kight credits the Delta-8 boom with being a salvation for a new business sector in a very challenging time. “It single-handedly saved the hemp industry during the COVID-19 recession,” he asserts. “I say this based on communications with numerous clients. It’s been responsible for saving a large number of my clients.”
He also refers to the pruported therapeutic benefits of Delta-8 THC: “It doesn’t have the paranoia effects associated with Delta-9 THC. It’s also effective against nausea. There are a lot of reasons people are purchasing Delta-8. I’m surprised how many people prefer it over Delta-9 products.”
Kight does acknowledge that there is reason to be concerned about the lack of oversight for unregulated Delta-8 products that are falling through legal cracks.
“There’s a lot of bathtub gin being made out there,” he states metaphorically. “We oppose that. My clients are very concerned with the safety of their products. It takes time for regulations to catch up with the development of products, that’s a big issue for sure. And testing protocols have not been standardized — the DEA and most state labs don’t even know how to distinguish between Delta-8 and Delta-9. One of the concerns in the industry is getting these methodologies in place so the good guys can continue to operate and the bad guys cannot.”
Distillate or Synthetic?
Greg Gerdeman, PhD, a West Virginia-based neuroscientist and cannabinoid biologist, isn’t swayed by Kight’s efforts to interpret his way out of the Controlled Substances Act. In Gerdeman’s view, “Delta-8 THC is unambiguously illegal. There is nothing in the language of the 2018 Farm Bill that carves out Delta-8 from the Analogue Act.”
“They are calling Delta-8 a distillate, but it’s actually a reaction product,” Gerdeman explains. “You cook the CBD in a strong acid, and you’re converting it into something that it wasn’t. Whereas, with a distillate you take a complex oil and you’re removing part of it; it’s not a process that converts one product into something else. Distillation is a refining process, not a chemical reaction.”
He notes that Delta-8 should actually involve both chemical synthesis and distillation, since “a final distillation step is necessary after the chemical reaction is quenched, in order to remove chemical reagents and byproducts” (thus technically creating a distillate of a reaction product).
Gerdeman admits that this distinction is “debated within the industry, and there is a tilt in favor of calling it plant-derived to avoid the negative connotations of the word ‘synthetic.’ But to my mind, it’s a synthetic chemical reaction. What comes out as Delta-8 was not Delta-8 in the plant … This is drug development as far as I’m concerned — taking one molecule and turning it into another molecule. And once it goes down the avenue of drug development, it should be regulated as drug development is.”
Apart from the legal distinction, Gerdeman feels there’s a “truth in advertising” issue that needs to be acknowledged: “Retailers have gotten used to the language of the market, in which distillate is a refined extract rather than a chemically synthesized new product. Delta-8 is produced by synthesis because you’re creating something that wasn’t there before. That’s my perspective as someone who’s taught biology and chemistry. Whether it’s legal or not, consumers should know that it is a synthetic compound.”
Gerdeman is skeptical of claims that Delta-8 does not cause the paranoid reactions sometimes associated with THC intoxication. “I don’t think anyone should be buying this product under the misapprehension that they’re not gonna get too high if they overdo it,” he says, adding: “Delta-8 is being marketed with virtually no oversight. I don’t think there’s any reason Delta-8 should not be regulated as much as herbal cannabis. Companies have jumped through these loopholes, but the products are not audited for safety. Without more rigorous research and quality control, I would never vape a Delta-8 THC product.”
Consumers at Risk
Jim Prochnow, a Colorado-based attorney with the firm Greenberg Traurig, specializes in litigation concerning DEA and Food & Drug Administration regulations — often in collaboration with his son Justin, who also works at the firm. He tells Project CBD by email: “Both my son, Justin Prochnow, and I advise our clients on the issue of whether Delta-8 THC, also referred to as D8–THC, can legally be used as a dietary ingredient in food or in a dietary supplement. As I see it, all serious evaluation of this issue begins with the definition of ‘marijuana’ in the federal Controlled Substance Act and the definition of ‘hemp’ that exists in the Farm Bill of 2018 … If the compound is created in a laboratory or manufacturing facility from chemicals, it is highly likely that a court will consider the D8–THC to be not included in the definition of ‘hemp’… The DEA expressly adopted such a position in its Interim Final Rule.”
Prochnow adds that “the Government, including the DEA and FDA, is also likely to maintain that most, if not all, D8–THC substances are synthetic, not included in the definition of ‘hemp,’ and will be regarded as a Schedule I controlled substance because of … evidence that the amount of D8–THC in … finished products is well above any naturally occurring trace amount in the Cannabis Sativa plant.”
Yet despite their seeming illegality, Delta-8 products have taken off as the newest way to get high, and therefore “they require a regulatory structure in line with state medical and adult-use marijuana programs,” according to the Federation of Cannabis Unified Standards (FOCUS), which states flatly on its website: “Delta-8 is NOT Legal.”
And because Delta-8 products are federally illegal, “they do not fall within existing regulations for hemp products, which means they are not required to contain warning labels or advice to the consumer on the potential for impairment,” says FOCUS. “It also means no one is monitoring the production of these products to assure only safe production practices are being used, or that the products being sold are of good quality.”
FOCUS warns that the lack of oversight “puts consumers at risk” and also jeopardizes “the unwitting business owners that are carrying these products, without an understanding of their own liability for selling them.”
It’s ironic that the chase after loopholes continues even as cannabis legalization has been achieved in numerous states — and the Holy Grail of federal legalization even seems, at long last, possible.
“The notion that you can interpret your way out of the Controlled Substances Act by chipping away at the plant one compound at a time seems like a strategy that has run its course and is doomed to failure,” says Project CBD director Martin A. Lee, author of Smoke Signals: A Social History of Marijuana — Medical, Recreational and Scientific. “It’s like picking at the scab of prohibition. Anything short of legalizing the whole plant, at this point, seems dubious.”
Delta-8 THC no doubt has medical value, but clinical data demonstrating what it’s good for is limited. Nor is it clear whether it can confer unique benefits beyond the remarkable – and federally recognized – therapeutic attributes of delta-9 THC (which is legally available nationwide as a single-molecule prescription pharmaceutical).
Medical patients and other consumers deserve easy access to a safe, well-regulated supply of cannabis-derived products, including Delta-8 options if they are effective, along with a wide range of CBD-rich and Delta-9-rich remedies. If there’s a market for “THC-lite,” then smaller concentrations of Delta-9 in combination with CBD should take the edge off of THC’s tricky psychoactivity.
Lee draws attention to another aspect of the current Delta-8 craze. “Claiming that Delta-8 THC is legal when it’s synthesized from hemp-derived CBD opens a Pandora’s Box of difficult questions that the cannabis industry will have to grapple with sooner or later,” he says. “If synthesizing Delta-8 THC from CBD is legal, then what about synthesizing Delta-8 from yeast-derived CBD, which is already technically possible? Would that also be legal – or desirable? Why not skip CBD altogether and synthesize Delta-8 THC or other minor cannabinoids directly from a yeast substrate? How would it help the fledgling hemp industry if these synthetic compounds aren’t actually produced by the cannabis plant?”
For now, Delta-8 THC might seem like an interesting play, but the emphasis on synthesizing single-molecule cannabinoids doesn’t necessarily bode well for the future of artisanal cannabis.
Bill Weinberg, a Project CBD contributing writer, is a 30-year veteran journalist in the fields of drug policy, ecology and indigenous peoples. He is a former news editor at High Times magazine, and he produces the websites CounterVortex.org and Global Ganja Report.
Copyright, Project CBD. May not be reprinted without permission.
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