Cannabis, while decriminalized, is still illegal in the state of Maryland, though Delta-8 THC products are shaking things up for leaders in the state, according to a recent WBALTV 11 report.
Delta-8 THC is a close cousin of sorts to Delta-9 THC, producing similar, intoxicating effects to cannabis. While Delta-9 THC is illegal in the state, it is technically legal to buy Delta-8 over the counter because of a loophole in federal law.
After the federal Farm Bill of 2018 passed, products derived from hemp, which cannot contain more than 0.3% of THC. Delta-8 is found in hemp in small amounts, so the substance is technically legal and allowed to be sold without regulation.
Maryland store owner Keith Manley offered up products like gummies or vapes containing Delta-8, though he suggests the THC in cannabis is “a lot stronger” than the Delta-8 found in hemp.
Dr. Ryan Vandrey is a cannabis researcher who studies the effects of cannabinoids. He’s currently studying Delta-8 and echoed Manley’s sentiment, saying the cannabinoid produces “all of the same types of effects of Delta-9 THC.” Though Vandrey notes it is less potent, he said potency can be overcome with a larger dose.
“The biggest problem right now in my mind is that Delta-8 is largely unregulated and it’s widely available. It’s a substance that has abuse potential. It can cause psychoactive drug effects, impairment of functioning and the products that are available right now, you don’t really know what’s in them,” Vandrey said.
Will Tilburg is the executive director of the Maryland Medical Cannabis Commission and noted how readily available Delta-8 is in the state, adding that the problem is not unique to Maryland: It’s growing nationwide.
“It’s scary and it’s important that Maryland take this issue seriously and look to certain policy interventions to prevent youth access and going beyond that to ensure that all consumers understand what is in the product they’re consuming,” Tilburg said. “We’ve seen a dramatic increase in the number of poison control calls and adverse events. Two years ago, there were 100 calls to poison control related to Delta-8. In the past 12 months, there were more than 2,000.”
Jimmy Leonard, a toxicologist with the Maryland Poison Center, noted concerns of people being “uncomfortably high,” though his largest concern is young children. Leonard notes that the products might be shaped like candy bars or gummies:
“Children don’t generally eat one gummy right? Or one piece of candy? They will eat as much as they possibly can,” Leonard said.
Vandrey pointed to Congress for a change, citing that the language in the law must be changed. He also noted that the federal government could step in to take control and regulate Delta-8. He added that the FDA has authority in terms of Delta-, since it’s a hemp-derived product, and it’s up to whether or not the entity chooses to exercise that authority and create more stringent guidelines.
Maryland is also taking action on its own. Tilburg cited a bill introduced by the General Assembly earlier this year, which would have brought Delta-8 and other isomers into the state’s medical cannabis program, which would allow for regulation. Tilburg noted that the General Assembly needs more time to draft the legislation, and his office is currently working with stakeholders to figure out the proper path forward.
State lawmakers were able to pass an age restriction of 21 and older to purchase Delta-8, which took effect July 1, though Tilburg said there are still challenges. Namely, Tilburg said that the law may still be “widely understood” by businesses selling the products and law enforcement agencies.
While Manley noted that Delta-8 sales account for more than 80% of his business, he noted that he’s always had a 21-and-over policy and called government regulation a “good thing.”
“We would love to be part of it because we feel like, right now, it’s a gray area,” Manley said. “And, I think if there are specific rules and requirements, then it gives everyone the same playbook to work from in knowing what they need to do.”
