Virginia State Recommends Stricter Rules for Delta-8 THC Products

A state task force in Virginia that researched the rise of unregulated marijuana products has recommended stricter regulations on businesses that sell delta-8 THC products, which are technically not marijuana but produce similar high concentrations when ingested or smoked.

The fragmented approach to legalizing marijuana in Virginia has resulted in major enforcement loopholes. Convenience stores and smoke shops are offering a variety of hard-to-classify products, while state-approved retail sales of recreational marijuana remain absent.

This year, a committee was established at the conference to better handle marijuana-derived food and inhalation products that differ from CBD, which can excite users but typically have milder effects. A lengthy report was submitted by the committee last month, indicating that state legislators may pass legislation when they return to Richmond next month.

The working group has concluded that companies selling delta-8 products must apply for a license and may face more severe civil penalties for violations.

According to a report, consuming and inhaling marijuana products is very similar to marijuana products. If they are sold without restrictions, it can pose a risk to Virginians, especially children. Retail license requirements may reduce the appearance of marijuana-related "pop-up shops".

The report did not specify the level of fines that should be imposed on companies that violate regulations, but stated that current penalties are "insufficient to enforce compliance.

The working group also suggested a comprehensive reform of the national regulation of all types of marijuana, proposing a more coordinated strategy rather than dividing responsibilities among numerous agencies related to agriculture, pharmacy, forensics, and law enforcement. The group, consisting of 16 officials from various regions, was composed of state officials and the newly established Marijuana Control Bureau of the state.

To provide greater clarity, the report suggests measuring the total THC concentration of a product to determine its legality. Many delta-8 products exist in a legal gray area because many marijuana laws in the state are based on measuring delta-9 THC, a traditional intoxicating element that is more abundant in marijuana than in hemp. The official position of state regulatory agencies is that delta-8 THC in edible or drinkable form is an illegal food additive, but it is unclear how vigorously the state enforces this interpretation.

According to a report, reviewing the total amount of tetrahydrocannabinol (THC) would help the state clarify how it handles intoxicating and non-intoxicating products, regardless of their source or manufacturing process.

The debate about whether marijuana should be legalized in the Commonwealth is a question left to the assembly, and this working group has no position," said Parker Slaybaugh, the chair of the working group and deputy secretary of the Department of Agriculture and Forestry, in the preface of the report.

In a less formal suggestion, participants in the work group recommended reconsidering whether stricter packaging regulations, such as requirements for child-resistant containers, should be implemented to prevent underage individuals from accidentally ingesting high doses of tetrahydrocannabinol (THC). Attorney General Jason Miaritis (R) has issued a warning that the state may crack down on "bootleg" THC products that mimic popular candy and snack brands in their packaging.

The challenge facing the state is to find a way to impose stricter control on cannabis-derived compounds that can produce intoxicating effects through chemical alterations, without harming the cannabis industry, which has been authorized to grow the crop for less controversial purposes.

According to the report, some of the suggestions included may face opposition from the cannabis and cannabis industry based on public opinion gathered. On the other hand, some advocacy groups are pushing for the state to go further and consider a complete ban on delta-8 products.

The Virginia Catholic Conference has reported on a recent poisoning case in Spotsylvania County. A mother is facing charges of felony murder and child neglect after her 4-year-old son died from consuming delta-8 gummies.

Dorothy Clements, the mother of the child who tragically passed away after consuming what she believed to be CBD gummies, but was actually laced with THC, spoke with WUSA9 about the devastating situation. Clements and her attorney suggest that other medical conditions, such as heart disease and obesity, may have also contributed to the child's death.

The Catholic Conference also noted an incident that occurred in Fairfax County, where several high school students apparently needed medical attention after consuming delta-8 gummies.

Tom Intorcio, Deputy Director of the Catholic Conference, wrote: "These repeated incidents of harm being caused to children clearly indicate that the Virginia legislature should consider banning the sale of delta 8, as at least 12 states have already done so.

The national advocacy organization for the industry, the US Cannabis Roundtable, disagrees and believes that intoxicating marijuana products should be legal but subject to "more stringent regulatory frameworks similar to adult-use marijuana.

The Virginia Cannabis Business Association (CannaBizVA) has stated its opposition to changing the way THC levels are measured in the state. This is because it could potentially divert Virginia from using delta-9 THC levels as a universal legal standard to distinguish marijuana from hemp.

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