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BOGO delta-8 vape pens from five



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November 18, 2021

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Available to US residents only, valid only where legal. Check five’s site for terms of this promotion.

Leafly novel cannabinoid disclaimer:

Use and possession may be restricted by law. This product may expose you to harmful chemical byproducts.

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The FDA Sets Targets On Delta-8




This article originally appeared on Green Light Law Group and has been reposted with permission. 

On May 4, 2022, the Food and Drug Administration (FDA) sent out warning letters to five companies distributing Delta-8 THC (FDA Warning Letters). This is the first time that the FDA specifically addressed products containing hemp-derived Delta-8.

In all but one of the letters, the FDA also warned about distributing products containing cannabidiol (CBD). Both Delta-8 and CBD can be derived from hemp. Hemp is a federally legal form of cannabis which has created a huge, quasi legal, market for these products. Up until this point, the FDA’s focus, when it comes to cannabis, has been on CBD. Now it appears that the FDA is also targeting Delta-8.

delta-8 THC flower
Photo by Hector Roqueta Rivero/Getty Images

Each of the five FDA Warning Letters alleged the following violations:

  • Distribution of new unapproved drugs containing Delta-8
  • Distribution of misbranded drugs containing Delta-8
  • Distribution of adulterated food containing Delta-8

Delta-8 Drugs

The FDA has not approved any drug containing Delta-8. The FDA Warning letters indicate that the five recipients are distributing unapproved drugs containing Delta-8. The FDA regulates a wide variety of products and has a system to classify those products under the Food, Drug and Cosmetics Act (FDCA). To determine whether a product is a drug, the FDA looks to how the product is marketed to establish its intended use. If medical, health or wellness claims are made about a product, regardless of what the product contains, then the product becomes a drug in the eyes of the FDA.

Here are some of the drug claims referenced in the FDA Warning Letters:

  • Facebook post stating “Delta-8 THC is showing a lot of promise as an antiemetic that can relieve nausea and vomiting in pediatric cancer patients undergoing chemotherapy.”
  • Instagram post stating “Preventing Vomiting . . . a small study suggested that Delta 8 THC is an effective option to treat vomiting during chemotherapy . . . Removes Anxiety”
  • A webpage titled “What is Delta 8 THC?” containing the following: “In non-medical terms, researchers linked Delta 8-THC to anti-nausea (antiemetic), anti-anxiety (anxiolytic), and pain relief (analgesic) benefits, among other effects . . . It could also protect brain cells thanks to its neuroprotective effects.”
  • A blog post titled, “Let’s [sic] Us Introduce You to Delta-8 THC” containing the following: “Delta-8 THC flower is an ideal option for medical users of cannabis who want to enjoy the benefits of THC without the sedative effects.”
  • A product webpage stating “Delta-8 consumers report many of the same effects as THC . . . and relief from some symptoms such as pain . . . Delta-8 can also help with insomnia.”

These examples were selected to illustrate that the FDA will look beyond a product’s labeling and packaging to determine whether or not it is a drug. The FDA reviews social media and websites to make its determination. In addition, claims do not need be explicit for the FDA to determine something is a drug. An outright claim that Delta-8 can cure or treat a disease constitutes a drug claim but even citing to a study on Delta-8 will put a target on your back.

RELATED: Delta-8 THC Is Suffering From Mislabeling Predicament — Misnomer Or Mismanagement?

In the FDA Warning Letters, the FDA also alleges that the Delta-8 drugs are misbranded because they fail to bear adequate directions for use. At this point, the FDA Warning Letters state that adequate instruction cannot be written because there are not adequate studies on Delta-8. The lack of studies also prohibits manufacturers of Delta-8 from determining safe dosing, up to the FDCA standard.

Getting a new drug approved by the FDA is incredibly expensive and therefore cost-prohibitive for most businesses. The FDA sets rigorous testing standards to establish a drug’s safety. There does not appear to be a clear path forward for the FDA to approve Delta-8 as a drug.

Delta-8 in Food

Both drugs and food are subject to the FDA’s premarket approval, but the standards are not the same. the FDA does require that food additives for use in any human or animal foods are generally regarded as safe (GRAS). The FDA has not concluded that Delta-8 is GRAS, meaning that it cannot be added to food. Unlike the allegations that Delta-8 products are unapproved and misbranded drugs, the FDA’s conclusion that the presence of Delta-8 adulterates food is based on the product’s ingredients not how it is marketed.

RELATED: FDA Will Use Reddit To Learn About Cannabis-Derived Products Including CBD & Delta-8

Smoking Marijuana
Photo by Inside Creative House/Getty Images

Comparing CBD and Delta-8 in the FDA Warning Letters

In the FDA Warning Letters, the FDA alleges that four of the five recipients (one only distributing Delta-8 products) of distributing unapproved drugs, misbranded drugs, and adulterated food containing CBD. Like Delta-8 a product containing CBD will be considered a drug based on how its marketed and if the product is food, the FDA will consider it adulterated because CBD is not GRAS (that is, “Generally Regarded as Safe” for human consumption).

Unlike Delta-8, CBD has been approved as a drug, in the form of Epidiolex, which invokes the “Drug Exclusion Rule.” The basic concept of the Drug Exclusion Rule is that once a substance is investigated as a drug, it cannot then be added to food or dietary supplements unless it was first marketed as a food or dietary supplement prior to the drug investigation. The FDA has concluded that the Drug Exclusion Rule applies to CBD because it has determined CBD was not marketed as a food or drug prior to the investigations that lead to Epidiolex.

The fact that the Drug Exclusion Rule does not apply to Delta-8 (or other cannabinoids that have not been investigated as drugs) means that it is possible that Delta-8 could be considered a new dietary ingredient (NDI) that could potentially be added to dietary supplements. Unlike food and drugs, dietary supplements do not require pre-market approval. Distributors of dietary supplements can make limited health and wellness claims (e.g., calcium is good for bone development). However, manufacturers of dietary supplements containing Delta-8 would need notify the FDA of the NDI including information that serves as the basis for the conclusion for any claims made about the product.

RELATED: How To Know If Delta-8 THC Is Right For You

Delta-8 and CBD also differ in how they interact with the human body and where they come from. CBD is a non-impairing cannabinoid found in the cannabis plant, and often present in hemp due to selective breeding. Delta-8 THC does have intoxicating effects but is not as strong as Delta-9 THC, which is the compound that gets cannabis users high. Delta-8 is found only in trace amounts in the cannabis plant and is commonly developed by converting CBD to Delta-8 THC in a lab.

Photo by Kindel Media via Pexels

The fact that Delta-8 THC is intoxicating and is not naturally occurring could cause the FDA to take a stricter approach with Delta-8 compared to its treatment of CBD. Over the last eight years, the FDA has continually sent warning letters out to companies distributing CBD products. The Federal Trade Commission (FTC) also fined several CBD distributors over claims made about COVID-19. But aside from a few warning letters and fines, CBD distributors have operated with little risk of FDA enforcement that goes beyond warnings.

I believe that FDA has taken its “hands off” position in part because CBD is relatively safe and non-intoxicating. I expect that the FDA will have less tolerance for Delta-8 because it is intoxicating and generally does not naturally occur in the cannabis plant. If the FDA does take a stand against Delta-8 CBD, it could seize and destroy products, bring civil suits against manufacturers, and potentially even bring criminal charges against Delta-8 manufacturers.

If you are in the Delta-8 business, you are now on notice that the FDA has its targets on Delta-8. Now is the time to review marketing material very carefully. We will continue to monitor the FDA’s position on all forms of cannabis on the Green Light Law Blog.

Daniel Shortt is a corporate and regulatory attorney based in Seattle, Washington who works extensively with entrepreneurs in the cannabis industry. You can contact him at or (206) 430-1336.

This article originally appeared on Green Light Law Group and has been reposted with permission. 

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How do you like your hemp? The difference between delta-9 THC, delta-8, and CBD-forward products





In a world of increased access to high-quality hemp products, we help you understand what to look for.

In the current patchwork system of state-by-state cannabis legalization, access to weed and its many benefits has been limited, but limited in a seemly straightforward way: you either live in a state where recreational or medical cannabis has been legalized, or you don’t.

Here’s the thing, though—cannabis and its legal classification are a little more complicated than that. One result of that complication is that people nationwide, including in states where recreational cannabis is not yet legal, actually can have access to cannabis products that get you high and ones that offer other non-intoxicating benefits.

People nationwide, including in states where recreational cannabis is not yet legal, actually can have access to cannabis products that get you high and ones that offer other non-intoxicating benefits.

How’s that, you ask? Well, the key lies in the fact that cannabis actually refers to a genus of plants, and one of the species within the cannabis genus includes what we call hemp. It turns out you can do a lot with hemp, and thanks to a piece of legislation known as the 2018 Farm Bill, it’s legal at the federal level to grow and process for use in consumer products.

In this article, we’ll help break down what that means for you and the range of possibilities from different hemp-based products available to ship nationwide.

Hemp vs. cannabis: the basics

First, let’s talk about hemp and how it’s different from what we think of as traditional cannabis. The terms get a bit confusing in how they’re commonly used versus their actual definitions, but here’s how it all breaks down:

The cannabis genus of plants includes three species, sativa, indica, and ruderalis. While traditional cannabis can be any of these three species, hemp is a sativa species. The naming classification of “hemp” versus “cannabis” was devised to differentiate non-intoxicating cannabis from intoxicating cannabis. While both plants are made up of chemical compounds including cannabinoids & terpenes, cannabis has a much higher naturally occurring concentration of those compounds like THC and CBD.

delta-9 THC
Courtesy of Botany Farms

In differentiating between intoxicating cannabis, which is still classified by the DEA as a Schedule I drug, and non-intoxicating hemp, the 2018 Farm Bill officially classified hemp as an agricultural commodity with the restriction that it must contain no more than 0.3% THC per dry weight to be legal at the federal level. THC causes a high, and in some high-potency cannabis strains, you’ll see a THC percentage of 30% or more.

Hemp is usually grown outside and can be used to make all sorts of things—textiles, building materials, paper—while cannabis is typically cultivated under highly controlled conditions purely for recreational and medicinal purposes.

But here’s where things get interesting: Hemp still contains cannabinoids like CBD and THC that are identical to those molecules in cannabis, simply in far lower concentrations. That means the door is open for enterprising producers to get some pretty exciting stuff out of hemp so long as they follow those two key stipulations of the 2018 Farm Bill, that products are derived from hemp plants and contain no more than 0.3% THC per dry weight.

Understanding hemp cannabinoids

Cannabinoids are the chemical compounds found in cannabis and hemp that contribute to the huge range of effects people experience when they consume weed. From euphoria to pain relief and well beyond, different combinations of cannabinoids unlock a myriad of benefits when they interact with our bodies through our endocannabinoid systems.

You might already be familiar with the two most prevalent cannabinoids, THC and CBD. Both cannabinoids are found in hemp, but while THC produces intoxicating effects, CBD does not. CBD’s clear-headed effects have been studied for a number of therapeutic applications including relief from sleeplessness, pain, inflammation, and anxiety.

THC is the cannabinoid most responsible for the high weed’s famous for. Its effects vary based on the source strain, the amount consumed, and the body chemistry of the consumer, but experiences like euphoria, uplifted feelings, relaxation, sedation, and relief from pain & anxiety are all common.

While THC and CBD are the most well-known cannabinoids present in hemp plants, they’re only the tip of the iceberg. There are more than 150 cannabinoids, many of which have very little research surrounding their effects and potential benefits. The position of cannabis as a Schedule I drug has made it difficult to effectively study the potential from these cannabinoids; however, more flexibility is possible with hemp plants thanks to their federal legality from the 2018 Farm Bill.

CBD vs. delta-8 THC vs. delta-9 THC

delta-9 THC
Courtesy of Botany Farms


The first wave of hemp-based products post-Farm Bill legalization focused on CBD. Producers either offered products containing CBD isolate extracted from hemp, separating CBD out from other cannabinoids and terpenes to create a CBD-only offering, or products with full or broad spectrum CBD formulas, where CBD is extracted alongside other naturally occurring minor cannabinoids and terpenes to help encourage the entourage effect. CBD-dominant products offer a host of wellness benefits without an intoxicating effect, with relief from pain, inflammation, anxiety, and sleeplessness ranking in the top applications.

Delta-8 THC

Making CBD-dominant products was just the first step in the post-Farm Bill hemp space, however. With more than 150 minor cannabinoids and the language of the Farm Bill making all extracts from hemp containing no more than 0.3% THC legal at the federal level, producers got to work being more creative with hemp’s possibilities.

Delta-8 THC is one such minor cannabinoid that can be extracted from hemp. Delta-8 THC is a cannabinoid found in trace amounts in hemp and cannabis that’s similar in its chemical structure to delta-9 THC. Delta-9 THC is the longer name for what we commonly refer to as simply “THC,” the highly prevalent intoxicating cannabinoid we know and love. While delta-9 THC has a double bond on the 9th carbon in its chain, delta-8 THC has a double bond on its 8th. This double bond structure is thought to produce the intoxicating effect we feel with THC, so delta-8 THC is intoxicating—however, the high it produces is more mellow than with standard delta-9 THC, drawing comparisons to a midway point between CBD and THC, or “THC light.”

Delta-8 can produce more mild versions of standard THC’s effects, including feelings of euphoria and uplift, with consumers also reporting it can be more mild in its potential drawbacks, being less likely to produce feelings of anxiety or paranoia than standard THC.

delta-9 THC
Courtesy of Botany Farms

To make delta-8 THC dominant products, CBD is commonly extracted from hemp and refined into an isolate, and then CBD isolate is synthesized into delta-8. Through this process, producers can make Farm Bill-compliant products that include potent amounts of intoxicating delta-8 THC, so long as they’re hemp-derived and include no more than 0.3% delta-9 THC.

If you’re clever about the ratio of delta-9 THC to other cannabinoids like CBD as well as the total dry weight of the product, you can get a result that’s both Farm Bill-compliant and contains significant enough amounts of delta-9 THC to produce intoxicating effects.

Products that follow these guidelines are legal at the federal level and available to ship nationwide, making delta-8 products accessible in some states where recreational cannabis is not. Check with the producer to confirm which states they ship to, as some states have specific restrictions against delta-8 and others do not directly adopt the language of the farm bill, placing delta-8 in a hazy legal category.

Delta-9 THC

As products including delta-8 and other emerging cannabinoids like delta-10 and HHC are on the rise, some producers are going in a different direction, using the flexibility of the 2018 Farm Bill to go back to basics.

Standard delta-9 THC is found in hemp plants, but the stipulation that products contain no more than 0.3% delta-9 THC per dry weight to be compliant had most companies only including the smallest amount of delta-9 THC in full spectrum formulations or removing THC entirely in favor of selling isolates.

However, if you’re clever about the ratio of delta-9 THC to other cannabinoids like CBD as well as the total dry weight of the product, you can get a result that’s both Farm Bill-compliant and contains significant enough amounts of delta-9 THC to produce intoxicating effects. This works especially well in gummy formats: make a bigger, heavier gummy, and include enough CBD or other minor cannabinoids along with delta-9 THC to get the ratio right, and voila, you’ve got a federally legal delta-9 THC product.

Finding the right hemp gummy for you

delta-9 THC
Courtesy of Botany Farms

Now that you have a better understanding of what’s possible from hemp, how do you find the best products for you? It’s important that you start with a reputable source. Botany Farms is a great example of a brand that checks all the right boxes when it comes to what’s important in quality hemp products. The flower Botany Farm uses to make its extracts comes in small batches from organic farms and is always hang dried and hand trimmed to ensure the purest & most-cannabinoid-rich extracts. Along with this craft-quality source, Botany Farms also ensures you’re getting only the good stuff through its commitment to third-party lab testing. Full certificates of analysis from trusted labs are readily available for each of Botany Farm’s products.

The brand has a full suite of high-quality hemp-based products including flower, tinctures, gummies, and vapes that offer a range of cannabinoid ratios so you can tailor your choice to the experience you’re hoping for. Here’s what you can expect from some of their popular gummy products so you can pick out what’s right for you:

CBD Gummies

25mg CBD per gummy, 12 gummies total

Botany Farms CBD Gummies are a tasty way to feel the wellness benefits of CBD without any intoxicating effects. These little fruit chews include eight different unique flavors packed with natural fruit goodness and 25mg of CBD per piece. Using premium broad spectrum hemp oil, Botany Farms provides a great CBD-dominant choice for folks who want to unwind without losing focus. 

Delta-8 THC Gummies*

30mg delta-8, 2mg delta-9 per gummy, 15 gummies total

Delta-8 Gummies from Botany Farms should be a go-to for anyone looking for a high-THC experience. With 30mg delta-8 and 2mg delta-9 per piece, these potent gummies are perfect for the end of the day when you’re done with your tasks and ready to really unwind. As with any cannabis product and particularly with high potency options like this, it’s important to start low and go slow so you can understand how different dosages will interact with your body. Available in a Tropical Mix with peach, pineapple, and mango flavors, these delta-8 gummies are poised to take you on a tasty THC vacation.

Delta-9 THC Gummies

10mg delta-9, 14mg CBD per gummy, 15 gummies total

Want to experience a higher dose of good old-fashioned delta-9 THC? These Farm Bill-compliant watermelon gummies from Botany Farms include 10mg delta-9 THC and 14mg CBD per piece. In order to stay compliant, the gummies are bigger than most, weighing over 5 grams each, and include hemp-derived CBD to get the ratio right and offer broad spectrum benefits. Vegan, gluten-free, and super-tasty, these gummies are a great option for anyone looking to experience standard THC’s benefits in a package that can be shipped nationwide.

Courtesy of Botany Farms

Find these gummies and more hemp-based goodness all from Botany Farms. Get your gummy on and scope out the other formats available from Botany Farms at the link below.

*Leafly novel cannabinoid disclaimer:

Use and possession may be restricted by law. This product may expose you to harmful chemical byproducts.

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Arizona Lawmakers Seek To Ban Delta-8 THC Products — Here’s Why




By Jelena Martinovic

Arizona appears to be on its way to banning the production and sale of products containing delta-8 THC, a chemical component in the cannabis plant.

Backed by the Arizona Dispensaries Association, Senate Bill 1715 seeks to make the manufacturing and sales of the hemp-derived compound a felony, Phoenix New Times writes. The measure, which passed the Arizona Senate on March 15,  would ban “hemp-derived manufactured impairing cannabinoids,” including delta-8.

Hemp Industries Association Urges Regulation, Not Prohibition, Of Delta-8 THC
Photo by Anastassiya Bezhekeneva/Getty Images 

What Is Delta-8 THC?

A “gentler” version of delta-9 THC, the marijuana plant’s primary component for causing psychoactive effects, delta-8 THC can be chemically converted from hemp-derived CBD by utilizing new industrial methodologies.

RELATED: FDA Warns Consumers Of Risks Associated With Delta-8 THC Products

Considering that this cannabinoid is new to today’s consumers, many states have decided to take precautionary measures in that the cannabis industry is still in the early learning stages regarding delta-8 THC’s potential therapeutic benefits and side effects.

Why Do Lawmakers Want To Ban It?

The delta-8 compound has a history of being mislabeled by companies that sell it. Some are even worried that as an unregulated psychoactive product, which is making its way into dispensaries, gas stations and head shops, delta-8 might even end up in the hands of children.

RELATED: How To Know If Delta-8 THC Is Right For You

“What we’re doing is allowing psychoactive products to be in the hands of children if we allow this synthetic process to move forward,” said Sam Richard, the executive director of the Arizona Dispensaries Association.

Another issue is that products coming from the 2018 federal Farm Bill are not subject to the same testing requirements as cannabis. The bill legalized the commercial production of hemp and allowed Arizona, among other states, to grow it under the supervision of its state Department of Agriculture.

RELATED: R.I.P. Delta-8 THC: Why States And DEA Want It Banned

While legislation explicitly articulates that hemp can contain up to 0.3% delta-9 THC, there’s no mention of delta-8 or its limitations.

R.I.P. Delta-8 THC: Why States And DEA Want It Banned
Photo by Jeff W via Unsplash

What About Other States?

Some states have also taken similar steps.

The New York Cannabis Control Board (CCB) made it clear in November that delta-8 THC products cannot be sold, though hemp flower is allowed.

RELATED: It’s Official: New York Bans Delta-8 THC Products, Allows Hemp Flower Sales

In February, the Kentucky legislature proposed a bill that seeks to ban all forms of “intoxicating products” made from industrial hemp, such as delta-8 THC. The legislation, which expands existing language in the state’s law, is also designed to outlaw other hemp-derived minor cannabinoids like delta-10 THC, THC-O, and THC-P, as per an unofficial copy of the proposal.

Last year, Colorado Marijuana Enforcement Division (MED) issued a notice that “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product.” This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other tetrahydrocannabinol isomers or functional analogs.”

This article originally appeared on Benzinga and has been reposted with permission.

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