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As I wrote last time, Delta-8 and 9 are cannabinoid diversions from the usual harmless CBD .3% that dispensaries are selling. Cannabis has 90 of these and some will affect users more than others as I wrote about last time. If I had gotten into my car and had a serious accident after ingestion of those two Delta-8 THC gummies, who would pay for that: the dispensary’s product/general liability or my auto liability? We do not know that answer as of today because the potential lawsuits, like dram shop cases were, are still percolating in the plaintiff lawyer’s offices. To be sure ask your carriers their position on this issue.

I have written that two states had published new regulations on this product. Now, two weeks later, 15 states have acted to restrict or ban the substance. In Illinois, the CBD Safety Act has been modified to restrict the compound from wide sales. But…because this is America and the courts are available for anyone to file suit, the Cannabis business industry of Illinois has asked for some strict regulation. BUT, The Hemp Industries Association has sued the DEA to prevent interpretation to make the compound illegal. The United States Cannabis Council which represents MMJ companies and advocacy groups says Delta-8 should be banned. They say that Delta-8 may not be inherently dangerous but contaminates in UNREGULATED products are a danger to public health. The FDA continues to lag on any enforcement regulations, even though pure CBD has shown to have many PALLIATIVE, as opposed to CURATIVE, relief for many conditions like epilepsy, anxiety, sleeplessness, pain and even safe assistance in opioid withdrawal care. The regulatory system is in chaos.

In a recent article, a cannabis seller in suburban Chicago said that the only thing keeping his doors open is Delta-8/9, and the sponsor of a huge Atlanta convention 2 months ago told KannaKnowledge that 76% of their exhibitors were pushing the Deltas.

In looking through the multitude of sellers we came across one online sales company selling Delta-8 gummies LIKE THE ONES I INGESTED: “From the structural or chemical stance, both 8 and 9 compounds have molecular similarities…. A subtle INTENTIONAL variation exists to make a significant impact on the molecular shape. Finally, this affects how strongly the molecules bind to the endocannabinoid receptors in the human body…Both bind to the CB1 receptors in a similar way…. The variance in binding is scientifically considered responsible for Delta-8’s ability to trigger a high but with less anxiety….There are no paranoia-like effects which Delta-9 can induce in some consumers. While this is the reason why it leads to a high, it also shows that Delta-8 THC allows its users to remain in control and sharp-minded.” What????…This Is the consumer being sold these gummies on a device, being told this information and warned that it is definitively NOT TRUE? Of course not!

The advertisement goes on to describe the physical appearance of the gummies and says that they are a “fun way to relish cannabis at your pace!” What? Again?

While it may seem that we are belaboring the issue it is important for your insureds, carriers and you as wholesale brokers, for now, to be aware that the market is not an honest one and plaintiff lawyers will have a field day with this confusion. Please talk to your carriers and know what your clients are selling.

Be safe, see you next time …

Michael B