04/23/2021

Vermont Bans Delta-8 THC

BREAKING NEWS: Today, Vermont’s Agency of Agriculture, Foods and Market issued a statement that Delta-8 THC is banned in Vermont. The Agency made clear that anyone who uses, possesses, or distributes Delta-8 THC may violate state criminal laws.

Excerpt for the Agency’s Statment:

Is the Manufacture of Delta-8-THC or its Use in Hemp Products Permitted under the Vermont Hemp Program?

The short answer is “No”.

Manufacturing delta-8-THC from CBD has become a way to create a psychoactive substance under the guise of being derived from legally produced hemp, which by definition does not have high concentrations of psychoactive cannabinoids.

The Vermont Hemp Rules were adopted in May 2020 and ban the “use of synthetic cannabinoids in the production of any hemp product or hemp-infused product.” Vermont Hemp Rules § 6.3. So, while naturally occurring delta-8-THC is not barred from hemp or hemp products, Vermont producers cannot manufacture the delta-8-THC cannabinoid from hemp.

Because the Vermont Hemp Rules expressly prohibit the use of synthetic cannabinoids in hemp products and/or hemp-infused product, Vermont Hemp Program registrants that manufacture and/or label products containing delta-8-THC are violating State law and risk enforcement by the Vermont Agency of Agriculture, Food and Markets. In addition, delta-8-THC manufactured from hemp may be a controlled substance under federal and/or State law. As a result, anyone who uses, possesses, or distributes delta-8-THC may face federal and/or State criminal sanctions.