U.S. consumers in some states can now get unregulated CBD and intoxicating hemp products through the tap of a finger on their DoorDash app and food delivery service. DoorDash said it reversed its earlier policy against handling the controversial hemp derivatives, which consumer safety agencies and regulators have repeatedly warned against.
CBD remains unregulated but it could get treatment when the next U.S. Farm Bill gets Congressional action during 2025. The Farm Bill could also address the matter of intoxicating hemp substances, most of which are derived from CBD manufactured from hemp flowers.
DoorDash CEO Tony Xu had said last year that the company had no plans to deliver hemp cannabinoid products due to the complexities of deliveries and payments under existing regulations.
But according to effusive comments from the company, policy has flipped on the hemp products: “With the growing demand for hemp-derived THC and CBD products, we’re excited to expand access to a wide selection of products consumers crave,” Jacob Morello, General Manager of Alcohol and Emerging Categories at DoorDash, said in a press release. “As preferences evolve, DoorDash can now help eligible customers find new products to safely enjoy while they unwind and recharge in the new year.”
The company does not deliver marijuana even in states where it is legal.
Only the legal stuff, of course
DoorDash, the number one food delivery app in the U.S., with a 55%+ market share, said it is initially offering gummies, drinks, mints, chocolates and honey sticks.
DoorDash emphasized in an advisory accompanying the press release that it would only facilitate deliveries of products that meet the federal definition of hemp as containing no more than 0.3 percent THC by dry weight. And the company added: “The Food and Drug Administration has not evaluated these products for safety or efficacy, and has not evaluated any statements regarding these products.”
DoorDash is apparently satisfied with arguments from producers that because the 2018 Farm Bill made hemp and its downstream products legal, the hemp-derived intoxicants are therefore also legal. Most of the synthetic substances are made by manipulating hemp-derived CBD (itself unregulated) in the laboratory to heighten the THC content to psychoactive levels – a prospect lawmakers did not know about when they passed the landmark agriculture bill.
Unapproved, illegal
But even some in the hemp business have suggested that the 2018 Farm Bill never intended hemp to be used to make psychoactive compounds and have criticized nefarious players they say are exploiting the laws’s language to sell highly potent synthetic THC products that are often rife with contaminants and inaccurately labeled.
The U.S. Food & Drug Administration (FDA) has explicitly stated that delta-8 THC products have not been evaluated or approved for safe use and are illegal. While the FDA hasn’t specifically addressed other psychoactive substances derived CBD as extensively, the agency’s overall position on the regulation of cannabis and cannabis-derived products suggests these substances would fall under the same regulatory umbrella as delta-8 THC, meaning they would require FDA approval before being marketed as safe and effective.
Regulators and health officials have been wary of the products since they started appearing at the end of the last decade. Nearly 8,000 people reported adverse effects after consuming products containing intoxicating hemp compounds between 2021-2023, according to the national network of poison control centers. Consumers have for years been at the mercy of dodgy CBD and delta-8 THC makers. Many producers and sellers have received warnings from the FDA regarding the safety of their products. FDA said it has received reports of serious adverse events from consumers, and at least one child’s death in Virginia was attributed to the consumption of delta-8 THC. Health and anti-drug organizations have called for a blanket ban on intoxicating hemp.
What warnings?
States across the USA are working to reign in the intoxicating hemp products, with some banning them altogether and others imposing strict rules. Officials in some states have come out strongly against the intoxicating hemp products because they are being marketed in packaging that mimics leading brands of treats that are popular among children.
Also, significant efforts to tamp down the trade in intoxicating hemp are apparent in the way legislators are addressing the next Farm Bill, originally the 2023 version of the five-year legislation that still has not been enacted.
DoorDash doesn’t know about, or doesn’t care about the warnings: “To help consumers find exactly what they’re looking for, we’ve created an easily shoppable page with hemp-derived products, non-alcoholic beverages, and more so they can enjoy social sips and celebrations, or give their routine a much-needed refresh,” the company said. “Whether you’re embracing a fresh start to the new year or exploring new products to enjoy, DoorDash has you covered with a growing selection of hemp-derived products, non-alcoholic beverages, and snacks delivered right to your door.” (!)
Distribution deals
The company said it has deals to distribute the products with two major alcohol operators. Total Wine & More, founded in 1991 in Delaware, operates more than 250 superstores across the United States. Headquartered in Bethesda, Maryland, it offers a “curated shopping experience,” often hosting in-store marketing events.
In states where Total Wine & More operates, intoxicating hemp products are legal in Alabama, Arizona, Florida, Georgia, Kentucky (subject to regulatory ambiguity), Maryland, Minnesota, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas (with enforcement variability), and Virginia. These states generally permit the sale of delta-8 THC products, though specific regulations may vary within each jurisdiction.
DoorDash also partnered with ABC Fine Wine & Spirits, one of the largest family-owned alcohol retailers in the United States, with more than 125 stores in Florida, where Gov. Ron DeSantis backed the dodgy intoxicating hemp sector and struck down a law that would have banned the substances.
DoorDash is also partnering with the cannabis beverage company Cann to offer users a $2 discount through the end of the month on “multipack purchases” of their products through DoorDash. Cann, El Segundo, California, makes THC and CBD-infused sparkling drinks. The company has celebrity investors including Gwyneth Paltrow and Ruby Rose. Cann positions itself as a premium entry point into cannabis for new users and an alternative to alcohol for social occasions.
DoorDash doesn’t know about, or doesn’t care about the warnings. Read More
