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More than one in 10 high school seniors reported recent use of products with delta 8 THC, according to the results of a study published this week. The study found that approximately 11% of 12th-grade students said that they had used delta 8 during the past year, reflecting the widespread availability of the hemp-derived cannabinoid that is sometimes referred to as “diet weed” or “light THC.”

The new research analyzed data from the Monitoring the Future survey, an ongoing study of the behaviors, attitudes and values of adolescents and young adults funded by the National Institutes of Health. The analysis showed that 11.4% of high school seniors had used delta 8 THC products in the last year. Of the 295 teens who reported using the compound, more than two-thirds (68.1%) said they had used it at least three times, while 35.4% had used it at least 10 times and nearly 17% used it at least 40 times. Nine out of 10 (91%) of delta 8 users also said that they used marijuana.

“Eleven percent is a lot of people — that’s at least one or two students in every average-sized high school class who may be using delta-8. We don’t know enough about these drugs, but we see that they are already extremely accessible to teens,” Nora Volkow, director of the National Institute on Drug Abuse, said in a statement about the research from the agency. “Cannabis use in general has been associated with negative impacts on the adolescent brain, so we must pay attention to the kinds of cannabis products teens are using, educate young people about potential risks, and ensure that treatment for cannabis use disorder and adequate mental health care is provided to those who need it.”

Delta 8 And The 2018 Farm Bill

The popularity of delta 8 THC skyrocketed after the 2018 Farm Bill legalized hemp at the federal level. Unregulated Delta 8 products were soon available at retailers including convenience stores, gas stations and smoke shops. Delta 8 products are particularly popular in states that have not legalized marijuana for recreational use, a trend that was reflected in data from the new study. About 14% of those in states without cannabis legalization reported delta 8 use, compared to 8% in states with legalization.

Dr. Adam Leventhal, executive director of the USC Institute for Addiction Science and one of the authors of the study, said that the new research illustrates how widely available delta 8 products are to young people.

“What we hadn’t known prior to this study was to what extent are these products reaching teens, which was a concern because they weren’t being comprehensively regulated,” Leventhal told CNN.

The researchers expressed concern that the widespread use of delta 8 by teenagers could lead to developmental issues or other negative effects. The long-term effects of delta 8 THC on teens are not known, although some cannabis research has shown that the drug can negatively impact memory, attention and the ability to learn in young people.

“Some of the concerns based on the underlying biology would be, of course, addiction, like what we see with marijuana, some of the neurodevelopmental changes that can happen because the adolescent brain is still forming and exposure to intoxicating substances can interfere with proper development of the brain pathways that support cognition and emotion regulation,” Leventhal said.

Jonathan Miller, the general counsel for the U.S. Hemp Roundtable, a trade group representing businesses in the hemp industry, said the results of the study were “shocking, but it’s not surprising.”

“Our hemp industry is filled with actors who provide good manufacturing practices and truth in labeling and make good efforts to keep intoxicating products out of the hands of minors, but there are unfortunately a lot of bad actors out there,” Miller said in a phone interview on Wednesday. “But the worst actor of all in this is the FDA. The FDA said when the farm bill passed in 2018 that it would take steps to start regulating hemp products and they’ve done nothing. And as a result, we’ve got a wild west.”

Miller noted that several states are taking action to regulate delta 8 THC, citing Kentucky as a state taking strong measures to keep intoxicating hemp cannabinoids out of the hands of young people. Until the FDA takes action, it will be up to states to pass rules governing hemp cannabinoids, leaving conscientious businesses with a murky regulatory environment to operate in.

Shawn Hauser, a partner at the cannabis and psychedelics law firm Vicente LLP and co-chair of the practice’s Hemp and Cannabinoids Department, said the study’s findings “illustrate the urgent need to federally legalize all cannabis (marijuana and hemp-derived products) with fundamental product safety standards governing product manufacturing, testing, labeling, marketing, etc.”

“The hemp market, which is particularly robust in states without marijuana programs, has inflamed the need for federal legalization of all cannabis products that equip state and federal regulators to appropriately protect consumer safety through regulation, enforcement, and consumer education,” Hauser wrote in an email to High Times. “Regulation is more effective than prohibition in keeping cannabis out of the hands of children.”

Hawaii lawmakers are pressing ahead with an updated cannabis legalization plan, and while the Aloha State could very well be one of the next to embrace adult-use reform, the original plan is already seeing some substantial shifts. Namely, it appears that the Senate is looking to significantly scale back some of the actions surrounding social equity.

The original measure, passed by the House last week, would have automatically expunged tens of thousands of arrest and conviction records for low-level cannabis convictions in the state. On Tuesday, a Hawaiian Senate panel has instead amended the proposal to a single-county pilot program, first reported by Marijuana Moment.

Limiting the Scope of Cannabis Expungements in Hawaii

Similar to the recreational legalization plan, which state lawmakers are separately working to advance, this move is based on plans from Hawaii Attorney General Anne Lopez. 

“Instead of the bill’s statewide automatic expungement program for arrests and convictions,” said Sen. Karl Rhodes (D), chair of the Senate Judiciary Committee. “I propose that we adopt the attorney general’s pilot program for state-initiated expungement of marijuana possession arrests.”

The measure would also only apply to criminal cases “terminated with a final disposition other than a conviction,” 

Back in November 2023, Lopez released her own legalization plan, which the most recent legislation passed by the Senate primarily pulls from. While many lawmakers have praised the new bill and the plan it’s based upon, advocates have expressed concern around the bill’s creation of additional law enforcement protocols.

Among other provisions, the legislation proposes a THC blood limit for drivers (even though THC metabolites can be detected in the body days or even weeks after consumption), the creation of a cannabis enforcement unit within the Department of Law Enforcement and adds eight positions in a drug nuisance abatement unit in the AG’s office.

Rhodes suggested that the pilot program could be located in Hawaii County, the states’ second most populous county, comprising the Big Island and hosting about 14% of the state’s total population.

According to bill sponsor Rep. David Tarnas (D), the original legislation would have made approximately 30,000 people eligible for expungements. Though, if the amendments from the AG’s office remain in place, HB 1595’s ultimate impact would be far smaller. 

Influence from the Attorney General’s Office

Lopez’s office issued a statement saying that, without these amendments, the department “reiterates its strong opposition to this bill.”

“Instead of the bill in its current form, the Department proposes a pilot project whereby certain individuals who have been arrested solely for marijuana possession…and whose arrest resulted in a non-conviction disposition, have the arrest expunged via a state-initiated process,” the department said in a statement.

It continues, arguing that limiting the expungement process to one county would keep the case load manageable using its existing resources and suggested an approximate 14-month duration for the program.

“Results of the pilot project could then be used to evaluate the project’s effectiveness, utility, and efficiency, and to allow the Data Center to make more informed recommendations for future efforts,” the department said.

Hawaii has already introduced cannabis decriminalization, in turn ushering in a record sealing process from the courts, though advocates attest that the process isn’t accessible and can be challenging to navigate. 

Mixed Reception as Hawaii Presses Forward With Potential Reform

The original bill would have automated the process, ensuring that the attorney general’s office “issue, without petition and on the department’s own initiative, an expungement order annulling, canceling, and rescinding all criminal records, including records of arrest and any records of conviction” for crimes of possessing up to three grams of cannabis. The process would have included records for civil violations, petty misdemeanor convictions, juvenile convictions, arrests and convictions, along with any pending charges.

The prior version would have also required the Hawaii Criminal Justice Data Center to identify all eligible cases within 30 days of the bill’s enactment, providing that information in biennial reports to the attorney general’s office, county prosecuting attorneys, county police departments and each state court. 

After receiving those lists, the attorney general’s office would have 60 days to issue expungement orders for the records under the previous version. Within one year of receiving those orders, the judiciary would finish the job.

Some advocates emphasized that the passing of an expungement process in the state was monumental despite the narrower scope.

“This is a huge step forward that will encourage Gov. Green to amplify relief for those with cannabis records through his clemency powers, something the Hawai’i legislature has already urged him to do,” said Frank Stiefel, senior policy associate for the Last Prisoner Project.

Others like Karen O’Keefe, director of state policies for Marijuana Policy Project, said that the changes “represent a severe blow to cannabis justice.”

“An economic life sentence is an outrageously disproportionate penalty for possessing a substance that most Hawaii residents—and the Hawai’i Senate—believe should be legal,” O’Keefe told Marijuana Moment. “Testimony at the House Judiciary Committee’s informational briefing made it clear Hawai’i can and should remove this stigma which derails so many lives.”

The changes to HB 1595 come fresh off the Senate’s passing of SB 3335, which would allow adults over the age of 21 to possess up to an ounce of cannabis and up to five grams of cannabis concentrates, along with establishing a recreational cannabis sales framework. 

That bill now heads to the state’s more conservative House for consideration, which has historically been resistant to adult-use cannabis policies.

Calling it a “nation-leading effort,” Massachusetts Gov. Maura T. Healey on Wednesday announced her intention to take executive action to pardon misdemeanor marijuana possession convictions in the commonwealth. 

If it is approved by the “Governor’s Council,” Healey’s office said it “would be the most comprehensive action by a governor since President Joe Biden pardoned federal marijuana possession convictions and called on governors to take similar actions in their states,” and “could impact hundreds of thousands of people.”

Per the official state website, the Massachhuestts Governor’s Council is “composed of eight individuals elected from districts, and the Lieutenant Governor who serves ex officio,” and it “provides advice and consent on gubernatorial appointments, pardons and commutations, and warrants for the state treasury.”

The governor’s office said that, if approved, the pardon “will apply to all eligible convictions, and most people will not need to take any action to have their criminal records updated,” as well as “to all adult Massachusetts state court misdemeanor convictions before March 13, 2024 for possession of marijuana (sometimes referred to as possession of a “Class D substance”).”

“Nobody should face barriers to getting a job, housing or an education because of an old misdemeanor marijuana conviction that they would not be charged for today,” Healey, a Democrat who is serving her first term after being elected in 2022, said in a statement on Tuesday. “We’re taking this nation-leading action as part of our commitment to using the clemency process to advance fairness and equity in our criminal justice system. We’re grateful for President Biden’s leadership on this at the federal level and proud to answer his call to take action in the states.” 

Other top state officials in Massachusetts, including Lieutenant Governor Kim Driscoll, hailed the announcement of the pardon.

“Marijuana laws have significantly changed over the past decade, and it’s essential that our criminal justice system adjusts with them. Governor Healey’s proposed pardon represents an important step toward righting historic wrongs, particularly around our country’s misguided War on Drugs,” said Driscoll. “We thank the Governor’s Council for their careful consideration of this recommendation and look forward to continuing our progress to make Massachusetts a more fair and equitable home for all.” 

Massachusetts Attorney General Andrea Joy Campbell applauded the “Healey-Driscoll administration’s efforts to rectify historic racial disparities, including with this proposed pardon, and President Biden’s leadership at the federal level on the same issue.”

“Convictions for simple marijuana possession – which someone could not be charged with today – have led to the disproportionate incarceration of Black and brown people and made it nearly impossible for them to obtain a job, housing, educational opportunities and more. As the AG’s Office also works to address injustice and close the racial wealth gap, this proposed pardon meaningfully moves the Commonwealth in the right direction,” the attorney general said.

Democratic House Speaker Ronald J. Mariano, meanwhile, said the “decision from Governor Healey to pardon certain marijuana convictions is the right one, as it is another step towards rectifying decades of injustices stemming from the criminalization of cannabis.”

“This announcement is consistent with the Legislature’s intent during the passage of the 2018 criminal justice reform law, which was updated in 2022 when the Legislature passed further cannabis reforms, that allowed residents to seek expungements for convictions that are no longer crimes following voter-approved reforms,” Mariano said. 

As the statements from Healey and other officials referenced, the pardon takes a cue from President Biden, who in the fall of 2022 issued a pardon to thousands of Americans who were convicted of violating federal cannabis laws.

“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden said in a statement then. “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

At the time, the president also urged governors to take their own action to clear the records of such individuals at the state level.

“In October 2022, President Biden issued a presidential proclamation that pardoned many federal and D.C. offenses for simple marijuana possession offenses. In December 2023, the President expanded that pardon to include more offenses He also issued a call to Governors to take action to pardon marijuana convictions in their states and, in the State of the Union last week, the President directed his Cabinet to review the federal classification of marijuana,” Healey’s office explained. “Governor Healey has already taken historic action on pardons. She became the first Massachusetts Governor in decades to recommend pardons in her first year in office. She has pardoned a total of 13 people to date. She also issued new clemency guidelines to center fairness and equity in the criminal justice system.”

Minnesota’s Office of Cannabis Management (OCM) announced Tuesday that it will begin to crack down on the illegal sales of cannabis flower across Minnesota as the state’s adult-use market takes form. The Star-Tribune reports that the OCM entered into an agreement with the Minnesota Department of Health (MDH) to add inspection capacity for illegal sales of cannabis flower.

Minnesota is the 23rd state in the nation to legalize adult-use cannabis for people 21 and older. In doing so, the state also legalized the sale of hemp-derived cannabinoid consumer products, a unique provision, but selling raw cannabis flower is currently illegal because OCM has not yet issued any cannabis business licenses, and hemp sellers must also be licensed. 

When Minnesota legalized adult-use cannabis, the Minnesota Legislature included statutory provisions, Minnesota Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM.

As seen in many other states, many retailers have taken advantage of the legal loopholes regarding hemp derivatives, but the state is pushing back against unlicensed businesses. Just a week ago, on March 7, the OCM issued an enforcement notice designed to warn retailers about selling full-strength hemp products. The OCM stated that it has received complaints of retailers selling full-strength cannabis flower under the guise of being hemp. Hemp is legal only within THC limits specified by state and federal law.

The OCM, in alignment with federal law regarding hemp under 7 CFR 990.1, will consider the total concentration of THC post-decarboxylation—the process that converts THCA to delta-9 THC to produce an intoxicating effect. The examination of raw flower products will include reviewing the certificate of analysis.

Minnesota Statutes, Chapter 342 defines Minnesota’s cannabis market, empowering the OCM to ensure compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.”

A Warning to Flower Sellers in Minnesota

The OCM reiterated its stance on flower that is being sold by retailers without a license.

“Our primary goal at the Office of Cannabis Management is to ensure a safe, legal cannabis industry that protects public health and provides accurate, reliable information to adult consumers,” said Charlene Briner, OCM interim director. “This interagency agreement gives us capacity to conduct inspections during this transitional implementation period, and more fully integrates the work of the MDH inspectors who will eventually transition their work to OCM.”

MDH inspectors who inspect retailers selling legal hemp-derived cannabinoid products will begin simultaneous examination of w flower products being offered for sale to ensure those products are hemp and not cannabis.

“While this is a temporary issue that will no longer exist once businesses are licensed to sell cannabis flower, OCM’s commitment to ensuring an industry that abides by all legal requirements is steadfast and ongoing,” said Briner. “We are confident that by providing clear expectations and guidance to businesses, the majority of operators will choose to follow the law.”

The crackdown of raw flower products will mean that inspectors will look for the product’s certificate of analysis for test results on total THC. Per federal law and under the 2018 Farm Bill, hemp flower must contain 0.3% or less of delta-9 THC on a dry weight basis. Products exceeding 0.3% delta-9 THC in dry weight are considered marijuana and are therefore illegal to sell.

Penalties for Selling Flower Illegally

So what are the penalties involved for sellers of illegal flower? Retailers caught selling flower and who are in violation of the law could be faced with embargo of product and fines of up to $1 million for violating state law. Additionally, a violation could impact a person’s ability to receive a license for a cannabis business in the future. 

Per Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of $1 million for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules adopted under this chapter[.]”

The OCM encourages retailers to vet products that they are selling to ensure that the products are legal. The OCM has sent a letter to all retailers registered with MDH to alert them that inspections of raw flower will begin immediately.

In a December 2023 bulletin, Minnesota’s health department issued a similar warning, noting that the agency inspected 167 retailers offering hemp-derived cannabinoid products between August and November and found that more than one in three (39%) of the shops were selling illegal high-potency products. Under Minnesota law, hemp edibles and beverages sold in the state must not exceed 5 milligrams of THC per serving and no more than 50 milligrams per package.

Licensing for cannabis retailers is expected to roll out later this year, and state officials aim to launch cannabis sales in 2025.

Arizona Attorney General Kris Mayes recently issued a formal legal opinion on March 11, which addressed a question sent by Sen. Steve Montenegro and Sen. T.J. Shope, which inquired if selling delta-8 THC products (which also covers delta-10 products and any other “hemp-synthesized intoxicants”) at smoke shops or convenience stores violates state law.

Mayes’ summary answer immediately responds to the presented question. “No, Arizona law does not permit the sale of delta-8 and other hemp-synthesized intoxicants by entities that have not been licensed by Health Services,” Mayes wrote. “Irrespective of delta-8’s arguable federal legality under the 2018 Agriculture Improvement Act (“Farm Bill”), Arizona continues to define and regulate “industrial hemp” in a manner that precludes the sale of hemp-synthesized intoxicants in convenience stores, smoke shops, and other unlicensed locales.”

The opinion sets up an analysis supported with background history of cannabis in Arizona, starting with medical cannabis legalization in 2010, the effects of the 2018 Farm Bill, the state’s legalization of industrial hemp for some purposes (also in 2018), and the following surge in delta-8 THC products.

Mayes also utilizes Food and Drug Administration (FDA) concerns about unregulated delta-8 THC. The FDA previously said that “[s]ome manufacturers may use potentially unsafe household chemicals to make delta-8 THC through this chemical synthesis process,” and “[t]he final delta-8 THC product may have potentially harmful by-products (contaminants) due to the chemicals used in the process.” Further accounts claim unsanitary settings where products are processed, calling it a “’quite a soup’ of by-products and other unwanted compounds.” Also, Mayes includes that the FDA has received 104 reports regarding adverse effects of delta-8 THC product consumption between December 2020-February 2022, as well as 2,362 “exposure cases” involving delta-8.

Following this, Mayes begins the analysis portion of the legal opinion. “You have asked this Office to examine whether entities that do not possess a license to sell cannabis products by Health Services can lawfully sell products containing delta-8 THC or similar hemp-synthesized intoxicants,” Mayes wrote. “The answer to that question depends on whether products containing hemp-synthesized intoxicants constitute ‘controlled substances’ and/or ‘industrial hemp’ under Arizona law. As explained below, we conclude that state law prevents entities not appropriately licensed by Health Services from selling products containing hemp-synthesized intoxicants like delta-8 THC.”

Mayes cites that delta-8 THC products are listed as a controlled substance in Arizona, and that the state’s industrial hemp program “does not exempt hemp-synthesized intoxicants from Health Services’ regulation.”

State law defines cannabis as “all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.” Mayes included a 2019 court case, State v. Jones, in which the Supreme Court ruled on whether the state definition of cannabis also applies to hashish or cannabis extracts, to determine if medical cannabis patients are protected if they use extracts instead of dried cannabis flower. “‘All parts’ refers to all constituent elements of the marijuana plant, and the fact the resin must first be extracted from the plant reflects that it is part of the plant,” the ruling stated.

However, Mayes explained that this case does not apply to delta-8. “Jones’ plain import is that because [Arizona Medical Marijuana Act] legalized marijuana—an intoxicating substance—for certain purposes, it must be understood to have legalized a materially similar intoxicating extract of marijuana. Nothing in the case’s holding or reasoning supports its extension to the synthesis of an intoxicating product from a non-intoxicating product.”

Finally, the opinion ends with a final point that although the industrial hemp law was incorporated into federal law, it does not legalize delta-8 THC products.

Mayes concludes her opinion and reiterates that delta-8 THC products, as well as other hemp-synthesized intoxicants, can’t legally be sold by unlicensed sellers. “Arizona’s 2018 industrial hemp law did not create an exception to these laws,” she wrote. “Rather, in contrast to the federal Farm Bill, the industrial hemp law omitted hemp ‘extracts’ and ‘derivatives’ from the definition of industrial hemp and expressly provided that the State wished to ‘maintain strict control of marijuana.’ Delta-8’s sale by unlicensed entities like convenience stores and smoke shops is therefore unlawful.”

The Arizona Mirror spoke with Jonathan Udell, Arizona NORML communications director, about Mayes’ legal opinion, stating that she is giving the state’s cannabis industry a monopoly. “This is Attorney General Mayes giving the marijuana industry something that the legislature would not,” Udell said. “It’s a disappointing outcome.”

Udell provided an example, explaining that the Arizona Dispensaries Association (ADA) has introduced legislation in the past to regulate hemp-derived THC products by banning sales of such products or making it legal to sell them only at licensed dispensaries. According to a campaign finance report obtained by the Arizona Mirror, the ADA provided $40,000 to a political committee that spent approximately $367,000 in order to assist Mayes in getting elected to her position.

ADA executive director, Ann Torez, sent a statement to the news outlet, approving of Mayes’ opinion. “We believe it reflects the intent of Arizona’s voters and most importantly is in the best interest of public health and safety,” Torez said.

Additionally, the Arizona Mirror spoke with Phoenix-based attorney Tom Dean, who claims that Mayes’ legal opinion is very similar to a rebuttal of a legal analysis that he provided last year. “It’s just yet another example of what I think is a wrongheaded approach to marijuana policy in general,” Dean said. He added that Mayes’ opinion isn’t legally binding, and a lawsuit would be necessary in order to pursue a legal conclusion to the argument.