Unpacking Delta-8 with Rachel Gillette

Holland & Hart

Holland & Hart with Partner and Lead of the Cannabis Practice Rachel Gillette today on Blunt Business with Jorge Hermida only on The Cannabis Radio. Our next guest has extensive experience helping scores of clients, from individual entrepreneurs to publicly traded companies, navigate complex cannabis disputes and successful business strategies. She is a partner and lead of the cannabis practice at Holland & Hart, based in Denver. The FDA announced it has issued warning letters to companies involved in the illegal selling of Delta-8 THC and CBD products in an unprecedented action.

The announcement states: This action is the first time the FDA has issued warning letters for products containing delta-8 THC. Delta-8 THC has psychoactive and intoxicating effects and may be dangerous to consumers. The FDA has received reports of adverse events experienced by patients who have consumed these products.

We talk about the pressure that this may put on states with or without a cannabis control board to outlaw the sales of Delta 8. From the MJBiz from an article that spoke about Delta 8 debate: In the effort to legalize and regulate hemp-derived CBD, the 2018 Farm Bill stated that any cannabinoid derived from hemp—defined as cannabis containing less than 0.3% delta-9 THC—was a legal product.


Yet by specifying delta-9, the bill’s authors unwittingly left other cannabinoids outside the realm of regulation. Without that specific language detailed in the original bill and without FDA and/ or Congress intervention, we discuss if business owners are concerned.

They reported that they had received 104 reports of adverse events in patients who consumed delta-8 THC products between December 1, 2020, and February 28, 2022. National poison control centers received 2,362 exposure cases of delta-8 THC products between January 1, 2021 (i.e., the date that the delta-8 THC product code was added to the database), and February 28, 2022.

Nearly a quarter of the members of the U.S. Senate are joining together to call on congressional leaders to ensure that marijuana banking provisions are enacted into law as part of a large-scale manufacturing bill. The 24 senators—including 19 Democrats and five Republicans—wrote in a letter that the Secure and Fair Enforcement (SAFE) Banking Act would “help cannabis-related businesses, support innovation, create jobs, and strengthen public safety in our communities.”