With the exception of the Corrections and Criminal Code Committee, most of the interim study committees have not scheduled hearings for this year. This may be in part to the special session. Despite that, one issue that the Chamber will be closely monitoring is the study of Delta-8, Delta-9 and other THC products regarding the potential health benefits, the potential decriminalization and any other consequences. The Interim Study Committee on Public Health, Behavioral Health and Human Services has been tasked with this issue.

The Chamber has a standing position that opposes the legalization of marijuana in any form for recreational use. We do support the use of isolated components of marijuana, cannabinoids or similar extracts for solely medicinal purposes if approved by the FDA for specific illnesses and diseases.

We provided the Legislature with a white paper the last time a summer study was conducted on the topic of marijuana. Suffice it to say, under federal law, Delta-9 is a level one controlled substance and remains illegal at the federal level as of this date. If the Legislature legalizes Delta-9 for medicinal or recreational purposes, Indiana would be in violation of federal law as are some other states currently.

With Delta-8 THC, however, things are a little more complicated.

Delta-8 is an “analogue” of Delta-9, meaning that the molecular structures are very similar. But Delta-8 is approximately 50% less psychoactive than Delta-9, but still delivers a “high.” Delta-8 is sometimes referred to or marketed as “cannabis/weed light” or “cannabis/weed diet.”

A distinction between hemp and marijuana was also made in the 2018 U.S. Farm Bill. Both plants have different concentrations of Delta- 9 THC. The bill made hemp legal in the U.S. as long as it had less than .3% THC. Delta-8 THC exists naturally in the cannabis plant in only small quantities and can be extracted from hemp. There seems to be some confusion as to whether Delta-8 is legal under federal law because the U.S. Drug Enforcement Administration (DEA) lists Delta-8 THC as a controlled substance. Lawyers would argue based upon the written language of the Farm Bill that it is legal and that the language says any type of THC (including Delta-8) under .3% derived from hemp only is legal. It appears that recent communications by the DEA may support that position.

The FDA states the following about Delta-8:

  • These products have not been evaluated by the FDA for safe use and may be marketed in ways that put the public health at risk
  • The FDA has received 104 reports of adverse events between December 1, 2020 and February 28, 2022. Seventy-seven percent were adults and 8% were patients of less than 18 years of age. Fifty-five percent required intervention (evaluation by EMS or hospital admission). Sixty-six percent described adverse events after ingestion of food products containing Delta-8 THC. Adverse events include hallucinations, vomiting, tremor, anxiety, dizziness, confusion and loss of consciousness
  • It has psychoactive and intoxicating effects and may expose consumers to much higher levels of substance than are naturally occurring in hemp cannabis raw extracts
  • D-8 THC products often involve the use of potentially harmful chemicals to create the concentrations of Delta-8 claimed in the marketplace
  • D-8 products should be kept from children and pets

While the state Legislature will be interested in the benefits from the use of these products, the Chamber’s concern, particularly with Delta-9/marijuana, is that there are psychoactive effects on people who use these products and those effects carry over into the workplace. We know that those testing positive for THC by Delta-9 products impacts workforce safety and injuries, absenteeism and disciplinary problems. While Delta-8 produces less of a “high,” it still will be of concern. The Chamber will be active in this discussion, particularly if the General Assembly thinks legislation should move forward.

Mike Ripley is vice president of health care policy & employment law for the Indiana Chamber. He has been with the organization since 2008 and previously was a longtime state legislator in northeast Indiana.