What To Know About the New “Legal” Hemp Market

This morning, I was unloading my dishwasher when my phone buzzed with a text from my sister, "we finally have a store!" As someone who spent much of my life in the south, I didn't expect to see cannabis legalization hit my home state of North Carolina anytime soon. Cannabis is, or at least was, a uniquely taboo topic in the south, especially compared to the famous cannabis scene spanning the west coast. Inspired by my shock, I dedicated my afternoon to searching for answers to my main questions- when did cannabis become legal in NC? Who are the producers and suppliers? What are the stipulations? 

It's important to know that these hemp-derived delta-9 products are made possible by a clever interpretation of the 2018 Farm Bill (the same one that legalized hemp throughout the country). The bill states that hemp, and all forms of hemp, shall not have more than 0.3% delta-9 THC per weight. By extracting (or synthesizing) the cannabinoids from hemp and incorporating them into an edible, the delta-9 THC content remains less than 0.3% by weight. For example, a cookie that weighs 30 grams can theoretically have up to 90 milligrams of delta-9 THC, according to this interpretation of the Farm Bill. 

While this prospect is undoubtedly enticing, several important considerations precede delving into the new legal hemp market. One of the major concerns is the lack of a regulatory oversight structure seen in fully legal cannabis markets like California, Colorado, or Washington State. Recreational and medical states require producers and processors to submit batches for laboratory testing to verify the potency and screen for contaminants such as mold, heavy metals, residual pesticides, and residual solvents. A second important concern is how these cannabinoids are isolated (or synthesized).

CBDOracle, a company that provides independent reviews of cannabis products, submitted a sample of the top-selling 53 delta-9 hemp products from states throughout the USA to InfiniteCal laboratory for analysis. The results, which were published in April 2022, showed that only 49% of the products fell within 15% of the stated dosage. Such a lack of consistency severely hampers the possibility of a medical hemp market, considering that consistent and informed dosing is key to a successful cannabis wellness regimen. 

Furthermore, 64% of the products artificially created the delta-9 THC from CBD using isomerization. This process is similar to how delta-8 THC and delta-10 THC are synthetically produced, and raises some concern as to the safety of the processor's methods, especially considering the lack of regulatory oversight. However, this technology presents exciting opportunities for the future of medical cannabis research.

All samples in the review were fortunately free from solvents, pesticides, metals, mycotoxins, microbial and foreign matter, despite only 51% of brands using DEA-certified labs. I.e., even though lab testing certainly has room to improve, the products in this sample seemed to be safe and free of contaminants, according to the CBDOracle analysis.

The development of the legal hemp market, and the subsequent policy implications, will surely be fascinating in the coming years as policymakers respond to the shifting conditions of our ever-changing world. "We honestly never thought intoxicating products would be produced from hemp when we were advocating for legalization," Erika Stark, Executive Director of the National Hemp Association, said in discussing the situation with CBDOracle. 

If anything, the shortcomings of the legal hemp market represent yet another example of the failed legacy of the war on drugs. In a refusal to embrace cannabis legalization, prohibition states have unknowingly spawned a new market predicated on loopholes, assumptions, and misinformation. To date, only outright cannabis legalization offers the regulatory structure to ensure safety while empowering consumers with the knowledge and confidence of third-party analysis.