“Misleading marketing, which frames synthetic THC as a ‘hemp product,’ tricks buyers into thinking they are purchasing something natural and safe.”
By Michael Bronstein, American Trade Association for Cannabis and Hemp (ATACH)
In a recent op-ed by the Reason Foundation titled “Banning Hemp Products Isn’t The Way to Protect Public Health,” the author correctly makes the case that bans are often ineffective and can push consumers toward more dangerous, unregulated markets. However, the Reason Foundation overlooks a crucial distinction in this case: that most “hemp products” referred to in the piece are in fact synthetic THC products, and they are sold as substitutes for natural—but federally illegal—marijuana.
The change in federal law has led to an explosion of unregulated intoxicating products in the marketplace that masquerade as “hemp” products.
Synthetically converted THC such as delta-8, HHC, THC-O, THC-P etc. are lab-created and do not exist naturally in large enough quantities for mass production. Yet, these molecules are being commercialized at scale in labs and sold outside the purview of regulation as “hemp.”
The “Hemp Product” Misnomer
Referring to synthetic THC as a “hemp product” misleads consumers.
Unlike natural cannabinoids from marijuana, synthetic cannabinoids are manufactured through chemical processes that convert CBD molecules into a potpourri of chemicals, including several analogs of THC and a host of synthetic byproducts, many of which have never been tested, studied, or consumed until recently.
This distinction matters because calling these products “hemp products” misleads consumers and policymakers into believing they are natural, safe and similar to marijuana products—not something closer to, say, an unregulated designer drug.
Regulation that prioritizes public health and safety over pure profit is indeed the answer, but we should be honest about what delta-8, HHC, THC-O, THC-P and others are: synthetics that should be treated and regulated as such. They shouldn’t be marketed as harmless, healthy or lighter versions of cannabis.
For the Reason Foundation to suggest these products should be regulated like marijuana—but less strictly because marijuana laws are too strict—misses the mark because these products are largely unregulated, and fails to provide a solution to address the situation.
Lack of Data and Safety Concerns
As researchers have repeatedly pointed out, not enough is known about how to make synthetic THC drugs from CBD safely. There are no health and safety standards that exist for these processes. Nonetheless, these products are often equated to marijuana, sometimes even marketed as “marijuana lite,” “good as a dispensary” or “no medical card needed,” while unscrupulously trading off the name of actual marijuana products.
Consumers and patients have the right to know what they’re putting into their bodies.
The ability to sell marijuana is predicated on public trust. Misleading marketing, which frames synthetic THC as a “hemp product,” tricks buyers into thinking they are purchasing something natural and safe—some of whom don’t even know these products are intoxicating—or that they could fail a drug test from ingesting.
With no consistent standards for testing or labeling, consumers are left to guess at what chemicals they are taking. This absence of oversight opens the door to potential health risks, including exposure to toxic byproducts from the conversion processes used to create these synthetics.
In stark contrast to synthetic THC, natural cannabis has been extensively studied over the past 60 years, with a growing body of modern research to support its medicinal and recreational use. The therapeutic potential of natural cannabinoids like CBD and THC have been explored through scientific inquiry, which has led to a federal rescheduling process. States have developed tightly controlled systems.
While some states may push forward with attempts to regulate access to synthetic THC, this should not be used as a substitute for legalizing adult-use marijuana.
Current public policy makes little sense. Natural cannabis has been used by humans across multiple continents for thousands of years as a medicine and a recreational drug. Delta-8, HHC, THC-O, THC-P and others have been commercially available drugs available at your local gas station, smoke shop and on the internet for just a few years.
It is often said by those who oppose cannabis legalization that “this isn’t your father’s weed.” In the case of “Farm Bill Compliant Synthetic THC,” many of these products couldn’t be your father’s weed, because they aren’t actually weed at all.
There should be no confusion among policymakers: Let’s do the obvious thing and legalize natural marijuana, which will better protect the public. It’s what consumers actually want in the first place.
Michael Bronstein is the president of the American Trade Association for Cannabis and Hemp (ATACH), a 501(c)(6) trade organization registered in Washington, D.C., and founded to support and protect regulated cannabis businesses, advocate for consumer safety for marijuana and hemp products and promote the expansion, protection and preservation of businesses engaged in the legal trade of medical and recreational cannabis and hemp based products.
Photo courtesy of Brendan Cleak.
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