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Department of Consumer Protection Warns Businesses That Selling THC-Containing Hemp Products Is Now Illegal

Delta-8 and other THCs derived from hemp may only be sold by licensed cannabis establishments effective July 1

June 25, 2021 — The Department of Consumer Protection (DCP) is warning businesses that, beginning July 1, 2021, they may no longer offer or sell products made using hemp or hemp-derived products with any Tetrahydrocannabinol (THC) concentration, including delta-7, delta-8, delta-9 and delta-10.

Senate Bill 1201, An Act Concerning Responsible and Equitable Preservation of Adult Use Cannabis (“Act”), signed into law June 22, 2021 and effective July 1, 2021, established an adult use cannabis marketplace and made changes to existing cannabis regulation.

The Act defined cannabis to include hemp products with a total THC concentration that exceeds 0.3 percent on a dry weight basis. This definition now includes delta-7, delta-8, delta-9, and delta-10. These products may only be sold by a licensed cannabis retailer or medical marijuana dispensary. Delta-8 is known to have psychoactive effects. License applications are not yet available.

“This change stops the exploitation of a loophole in the federal hemp act that resulted in individuals selling unregulated products on the retail market with high delta-8 THC concentrations that have intoxicating effects,” said DCP Commissioner Michelle H. Seagull. “Prior to this change, entities were able to sell products in the normal retail market without having to adhere to any testing, packaging, or labeling standards, including childproof packaging standards, or product restrictions prohibiting forms that  appeal to children.”

“The creation of a regulated cannabis market will protect and benefit public health and safety by ensuring consumers know exactly what is in the products they are purchasing and preventing children from accessing these products,” Commissioner Seagull added. “This change will ensure that hemp products that contain any type of THC that exceeds 0.3 percent on dry weight basis will now be regulated.”

Individuals or entities selling or offering these types of products can no longer sell them if they do not hold a cannabis license and should dispose of these products prior to July 1, 2021

At least fifteen other states have already taken action to restrict or ban the sale of delta-8 in their marketplaces.

Individuals may contact for questions about this change.

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