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A loophole in regulations that legalized hemp production in 2018 has opened a path for gas stations and smoke shops to sell an unregulated hemp-derived intoxicant, Delta-8 THC, packaged to look like popular snack foods.
The fallout has left some communities scrambling to craft regulations without waiting for the state to act.
The growing list of communities passing their own regulations includes Rolling Meadows, Buffalo Grove, Elk Grove Village, Wheeling, Des Plaines, Lake Zurich, Elgin and Antioch.
Rolling Meadows’ ban on Hemp-derived THC went into effect in February. Licensed cannabis dispensaries are exempt.
“About two years ago, the city was really wrestling with how to handle a proliferation of tobacco, vape and CBD shops,” Assistant City Manager and Community Development Director Glen Cole said. “There were a bunch that opened up in a short period of time. Some were close to schools and where kids hang out.”
The issue
Delta-8 THC is a compound similar to Delta-9 THC, which is contained in cannabis and produces the “high” associated with it. Delta-8 THC is found in both hemp and cannabis.
When Congress passed the Agricultural Improvement Act in 2018, it removed hemp with 0.3% or less of THC as a controlled substance.
But that left a loophole allowing the creation of a synthetically produced unregulated Delta-8 THC extracted from hemp.
Commercial Delta-8 THC is often masked in mock snack food packaging, with products made to look like variants of Skittles, Chips Ahoy and other brands.
The Federal Trade Commission and the U.S. Food and Drug Administration (FDA) sent cease-and-desist letters last year to several companies marketing Delta-8 THC edibles in deceptive packaging.
The letter warned of serious health consequences for children who are less likely to understand the text on the product labels.
The agencies also sent joint warning letters in 2023 to six companies with packaging almost identical to such snacks as Doritos, Cheetos, and Nerds.
FTC spokesman Mitchell Katz said in general the compliance rate is very high — once someone gets a warning letter, they want to stay on the right side of the law.
Communities are especially concerned about access to teens, fears seemingly validated by a 2024 study that found more than 11% of high school seniors have used Delta-8 THC or marijuana.
‘Strongly targeted’
The ready availability of hemp-derived THC products to minors has drawn the concern of a group of Stevenson High School students belonging to the Catalyst Club.
The group has lobbied legislators and, in partnership with the Stand Strong Coalition and the Link Together Coalition, conducted an area community scan tracking where the products are sold.
Yana Malpani, who leads local policy for the club, said it revealed that despite area bans on Hemp-derived THC products, some smoke shops are selling prohibited products.
Colby Nixon, who leads state policy for the club, wants to see the state regulate Delta-8 THC as it does marijuana — limiting its sale to dispensaries and prohibiting sales to minors.
“We see very little regulation around concentrations, dosages and marketing,” Nixon added. “So you see youth being very strongly targeted with THC products marketed to look like things like Doritos.”
Catalyst Club member Jiankun J. Wang voiced concern about preteens gaining access to Delta-8 THC, especially if it is being sold in high concentrations.
“Eleven percent approximately of high school seniors have tried a Delta-8 THC product,” Catalyst Club member Saachi Churiwala said. “So that clearly shows how easy it is for seniors to get their hands on these products.”
The club’s sponsor, Cristina Cortesi, Stevenson’s substance use prevention specialist, said she has worked with students who have been found in possession of Delta-8 THC products.
Over the past five years, she said there is evidence that children are accessing those products.
“Most of them report a very similar experience to smoking cannabis,” she said. However, she added, “We have seen more adverse reactions.”
She said the goal with students who have been found under the influence at school is to provide a therapeutic intervention while also acknowledging the students have broken a rule that impacts the safety of the school.
A continuing concern
According to Gov. JB Pritzker’s office, nationwide over 9,000 cases of Delta-8 poisoning have been reported since 2021, 41% of which involved children.
Lynn Florian, an alderperson in Waukegan, said the city council heard from one woman whose teenage son almost died after consuming the product. He was treated at an emergency room and had to be hospitalized, she said.
“He didn’t suffer any permanent damage, but his mother was very concerned about him,” she said.
Despite Pritzker’s support for state regulations, efforts in Springfield have stalled, even though the cannabis industry supports it.
“You have cannabis products that are grown, manufactured, lab tested, and child safety sealed sold at regulated dispensaries,” said Jason Erkes, spokesman for Cresco Labs, which operates cannabis dispensaries under the Sunnyside brand, including one in Buffalo Grove.
On the other hand, he said, “You have products that started out as hemp and were synthetically altered to be as much as 40 times more potent as regulated products that are sold at gas stations, smoke shops and mini-marts with no age restrictions.”
Yana Malpani of the Stevenson High School Catalyst Club talks about communities cracking down on the sale of Delta-8 THC to minors March 18 in Lincolnshire.
Joe Lewnard/jlewnard@dailyherald.com
Colby Nixon and fellow Stevenson High School Catalyst Club members are involved with efforts by local communities to crack down on the sale of Delta-8 THC to minors.
Joe Lewnard/jlewnard@dailyherald.com
“}]] A loophole in regulations that legalized hemp production in 2018 has opened a path for gas stations and smoke shops to sell an unregulated hemp-derived intoxicant, Delta-8 THC, packaged to look like p… Read More
