As the federal government is considering rescheduling marijuana, reviewing the historical consequences of similar decisions might present an eye-opening perspective, particularly in observing the implications of the descheduling of hemp-derived THC products. Policymakers should be keen on learning from the experiences following the 2018 Farm Bill given that any prospective decision regarding marijuana might result in the scaling up of the same harms that were experienced nationwide, further catalyzed by a profit-driven industry.
It is important to remember that the legalization of hemp eventually led to the creation of new psychoactive compounds, a direction that the rescheduling of marijuana might also follow, posing significant threats to public health and safety. A noteworthy precedent is the exponential growth of the CBD supplements industry, following the legalization that allowed Delta-8 THC to be extracted from hemp, resulting in products with strong concentrations closely mimicking traditional Delta-9 THC. Companies found ways to create new compounds, manipulating every loophole in the law to create and distribute an addictive product on a national retail scale.
Due to the lack of federal regulations and prohibitions, Delta-8 THC currently faces no age restriction in terms of sale or use. This lack of control has been linked to an uptick in use among children, with a National Institute on Drug Abuse survey finding that 11.4% of 12th-graders in the US used Delta-8 THC last year. Accidental exposure to Delta-8 THC has seen a surge in calls to poison control centers, with 3,358 exposures managed by poison control centers in 2022, an 82% increase from 2021. Carol DesLauriers, the board president of America’s Poison Centers and leader of the Illinois Poison Center has warned about such emerging public health threats as fentanyl and Delta-8 THC.
Further, the FDA has issued a warning about companies marketing Delta-8 THC products in ways appealing to children, even though such products have not been approved by the FDA for safe consumption. 17 states, including marijuana-friendly states such as Colorado, Oregon, Alaska, and New York, have seen the potential harm in this situation and have banned Delta-8 THC.
How a rescheduling of marijuana will impact the public health and safety should be thoroughly considered by policymakers. An uncritical decision may exacerbate the problems witnessed following the legalization of hemp, ranging from higher use rates to an increase in adverse effects, including drugged driving fatalities and higher property crime rates. Policymakers should be wary of the consequences that would bear on the public health and safety, drawing from the lessons learned from Delta-8 THC.[Bloomberg Law]