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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session


Posted: April 6, 2022 11:37 AM
From: Senator Judith L. Schwank and Sen. Sharif Street
To: All Senate members
Subject: Delta-8 THC Legislation
In the near future we will be introducing language that would ban products being sold that contain Delta-8 THC made from hemp.

Delta-8 THC is a naturally occurring compound in hemp in low concentrations. It can be manufactured in higher amounts by synthetically converting a better-known non-intoxicating compound, CBD, into Delta-8 THC. These products are being sold in neighborhood gas stations and corner stores without any kind of regulation.

The U.S. Food and Drug Administration in Sept. 2021 issued a warning about the “potentially unsafe household chemicals” sometimes used in converting CBD into Delta-8 THC, along with how Delta-8 manufacturing may happen in “uncontrolled or unsanitary settings, which may lead to the presence of unsafe contaminants or other potentially harmful substances.”

A loophole in the 2018 farm bill allows delta-8 THC to be unregulated at the federal level. That legislation legalized hemp, which is defined as a cannabis plant that contains 0.3 percent delta-9 THC or less — levels considered too low to have a psychoactive effect. However, the bill does not address delta-8 THC levels, an omission that makes it legal for vendors to sell the compound, often as edibles, vape cartridges and tinctures, with no oversight.

We hope that you will join us in signing onto this important piece of legislation.