With that in mind, the Ninth Circuit was tasked with deciding whether AK Futures could claim federal trademark protection for its Cake-branded Delta 8 THC vape products. Russell Coleman, ethics counselor for the U.S. Hemp Roundtable, former U.S. Attorney for the Western District of Kentucky and former senior counsel and legal adviser to Senator Mitch McConnell, wrote in a statement from the hemp industry advocacy group that marketing intoxicating products such as delta-8 THC as hemp is not consistent with congressional intent. AK Futures` decision is prompting some insurance companies that have so far refused to insure delta-8-THC products to reconsider their decision. Insurers must proceed with caution. Intoxicating hemp products add another level of danger to an already risky business. Even non-intoxicating hemp products such as CBD and CBG generally have a higher risk profile than regulated marijuana due to the lack of strict testing requirements and the resulting contamination, mislabeling, and fraud mentioned above. Delta-8 is illegal in Rhode Island. The state bans all ingestible products containing any form of THC. So what`s the difference? The flowering of the marijuana plant, the oil extracted from it, and the edibles made from it contain delta-9-tetrahydrocannabinol, the substance that produces the high of the drug, and can only be legally sold in dispensaries in states that have legalized marijuana. Similar products containing delta-8 THC are sold online and in bars and retailers across much of the United States, including in some places where cannabis remains illegal. That`s because a 2018 federal law legalized hemp, a variety of the cannabis plant.
Hemp must not contain more than 0.3% of the psychotropic delta-9-THC found in marijuana. The FDA received 104 adverse event reports in patients who consumed delta-8-THC products between December 1, 2020 and February 28, 2022. Of these 104 adverse event reports: If your destination is in a location where Delta 8 THC is legal, it should be possible to travel between those locations as long as you travel within the legal limits. However, if your destination does not allow Delta 8 THC, you should avoid bringing this medication with you when you travel. Delta-9 is the epitome of THC that has been clinically tested for everything from multiple sclerosis to memory recovery. According to Piomelli, because delta-8 and delta-9 THC have a similar molecular structure, the two compounds would theoretically have similar medical benefits, but there is no solid data to prove this. FDA Issues Warning Letter: FDA Sends Warning Letters to Companies Illegally Selling CBD and Delta-8 THC Products The DEA is adding delta 8 THC to its list of controlled substances (updated August 2020) under “tetrahydrocannabinol.” Although both plants have a similar genetic makeup, they have different concentrations of delta 9 THC. Lindsey of the Marijuana Policy Project isn`t so sure it would matter. When he first learned of the growing popularity of Delta-8 in 2021, he thought it would go in the direction of drugs like K2 or Spice, which he said would be between regulatory rules long enough to hit shelves before finally closing. If you`re in a state where Delta 8 THC is legal, it`s important to make sure that the brand you trust sells legal Delta 8 THC products. As the first federal ruling on the legality of delta-8 THC products, the ninth circuit court`s broad interpretation of “hemp” under the Farm Bill is a victory for companies seeking to protect trademarks for hemp-derived products. However, given the ever-changing changes in cannabis and hemp products legislation, the assistance of a knowledgeable trademark attorney becomes essential to help file and register a trademark application for hemp-derived products with the United States Patent and Trademark Office (USPTO).
An experienced trademark attorney can advise you on the use and registration of the hemp-derived product and reduce the possibility of costly legal issues by ensuring proper due diligence, which includes a full authorization search before filing a trademark application with the USPTO. It`s also important to understand how the ongoing Food and Drug Administration (FDA) regulations on hemp-derived ingestible cannabinoids may prevent USPTO approval for certain delta-8 THC products, regardless of the decision made in AK Futures. The FDA and some marijuana industry experts share Kennedy`s concerns. At least a dozen states have banned the hemp-derived drug, including Colorado, Montana, New York and Oregon, which have legalized marijuana. But Delta 8 makers call the concerns unfounded, saying they are driven by marijuana companies trying to protect their market share. Christopher Hudalla, chief scientific officer of ProVerde Laboratories, a Massachusetts marijuana and hemp testing company, said he has reviewed thousands of Delta-8 products and all contain contaminants that could be harmful to consumers` health. Delta-8 THC is legal in Tennessee. A recently proposed bill to ban and regulate Delta-8 has not been passed.
Does this mean that the DEA just burst the bubble of people hoping for a legal high? Wondering if Delta-8 is legal? It depends on where you live. Currently, delta-8-THC is only legal if it is derived from hemp, which naturally has a low delta-9-THC content. Although delta-8 is legal at the federal level, many states have begun to regulate, if not outright, ban the cannabinoid. In July, Minnesota introduced legislation limiting the amount of THC, including delta-8, allowed in hemp products outside of its medical marijuana program. The media said the law would wipe out Delta-8. But the state can`t “control what`s sold and shipped over the internet outside of Minnesota,” said Maren Schroeder, policy director of Sensible Change Minnesota, which aims to legalize recreational cannabis for adults. “Very few people have taken pure delta-8 and reported it. People use it for a long list of diseases, but there are very few clinical trials,” Mechoulam said. Insurers should recognize that underwriting Delta-8 THC requires flexible state-specific testing, similar to testing for CBD products.
Endorsement forms and procedures should be reviewed regularly to ensure that they adequately reflect the current intent to subscribe for policyholders who manufacture, distribute or sell delta-8-THC products.