What is the difference between marijuana and hemp? Marijuana and hemp both come from the Cannabis sativa L. plant. The key difference lies in the concentration of delta-9 tetrahydrocannabinol (THC). Marijuana refers to parts of the plant with more than 0.3% delta-9 THC by dry weight, while hemp is defined as any part of the plant containing 0.3% or less delta-9 THC by dry weight. THC is the psychoactive compound responsible for the "high," whereas cannabidiol (CBD), another cannabinoid found in the plant, is not psychoactive. What is Delta-8 THC and how is it related to CBD? Delta-8 THC is another isomer of THC that naturally occurs in the cannabis plant, but typically in much smaller quantities compared to delta-9 THC. It is estimated to be about 50-75% as psychoactive as delta-9 THC. Interestingly, CBD can be synthetically converted into delta-8 THC (as well as delta-9 THC and other isomers) using a chemical process involving solvents, acids, and heat. This conversion method is used to produce higher concentrations of delta-8 THC than found naturally, which has led to an increase in delta-8 THC products in the marketplace. However, this process may create harmful by-products that are not yet well-understood. Why is there concern about the labeling of delta-8 THC products? A significant concern highlighted by the CDC is the insufficient labeling of products containing delta-8 THC. Some products are labeled with only delta-9 THC content, potentially underestimating the psychoactive effects for consumers. Since delta-8 THC is psychoactive, consuming products that don't accurately reflect the total THC content can lead to unexpected or increased intoxication, especially if consumers confuse them with non-intoxicating hemp or CBD products. How are hemp-based products regulated and where are they sold? Hemp and hemp-derived products operate under varying legal frameworks depending on state, territorial, or tribal laws. While most states permit hemp marketplaces that sell hemp and hemp-derived CBD products, the sale of delta-8 THC products is not limited to regulated marijuana dispensaries, even in areas with established marketplaces. Delta-8 THC products are often sold by a wide range of businesses that sell hemp, making them widely available, including online. What are some common types of hemp-based products available? A variety of hemp-based products have entered the market. The sources mention a study that explored consumer behavior towards five categories: CBD, food, clothing, personal care products, and pet products. The CDC health advisory also lists examples of delta-8 THC products specifically, including vapes, smokable hemp sprayed with delta-8 THC extract, distillates, tinctures, and gummies. How does consumer attitude influence the adoption of hemp-based products? Consumer attitudes (ATT) significantly increase the likelihood of adopting all examined hemp product types, according to a study applying the theory of planned behavior. This suggests that a positive perception of using hemp products is a strong driver of intent to purchase. Do demographic factors influence the adoption of hemp-based products? Yes, demographic factors play a role in the adoption of hemp-based products, although their influence can vary depending on the specific product category. For instance, older consumers show a decreased probability of adopting CBD, clothing, food, and pet products compared to younger consumers. Income level also has an inconsistent association, positively correlating with the adoption of hemp food and personal care products but negatively with pet products. Political affiliation also appears to be a factor, with those identifying as Democrat or Independent generally less likely to adopt products compared to Republicans across most categories. How is law enforcement being trained to distinguish between legal hemp and illegal marijuana? Law enforcement is being trained to differentiate between legal hemp and illegal marijuana, particularly during traffic stops or encounters where the odor of cannabis is present. They are advised to ask individuals if they possess marijuana or hemp. If the individual claims to have hemp, law enforcement may utilize presumptive testing kits, such as the Cannabis Typification Test, which can help determine if the THC level is above the legal threshold of 0.3%. A positive result on this specific test (indicating a THC level above 1%) suggests the substance is illegal marijuana. However, it's noted that having hemp exceeding the 0.3% THC limit is not necessarily a criminal violation unless there is a culpable mental state greater than negligence. Other "odor plus standards," such as admissions of controlled substance possession, visual evidence of illegal substances, signs of impairment, or possession of large amounts of currency, are also considered by law enforcement to establish probable cause. . ======== . The provided sources highlight several key aspects of the emerging hemp and cannabis product landscape. A central theme is the increasing availability of delta-8 THC products, which raises concerns due to their psychoactive nature, potential for adverse events, and inconsistent regulation and labeling. Another significant area of focus is consumer behavior towards various hemp-based products, analyzed through the lens of the Theory of Planned Behavior, revealing the influence of attitudes, subjective norms, perceived behavioral control, and demographic factors on intent to purchase. Finally, the sources touch upon the regulatory environment, including the definition of hemp versus marijuana based on THC levels, sampling guidelines, law enforcement challenges in distinguishing between legal hemp and illegal marijuana, and legislative efforts to restrict certain hemp products like delta-8 THC. Key Themes and Important Ideas/Facts: 1. Increased Availability and Concerns Regarding Delta-8 THC: Definition and Psychoactive Nature: Delta-8 THC is another isomer of THC found in the cannabis plant. While it exists naturally in small quantities, it can be synthetically converted from CBD to produce higher concentrations. It is estimated to be about 50-75% as psychoactive as delta-9 THC. This means it is "impairing or mind-altering" and can cause a "high." "Delta-8 THC exists naturally in the cannabis plant in only small quantities and is estimated to be about 50-75% as psychoactive as delta-9 THC." "However, delta-8 THC is psychoactive and may have similar risks of impairment as delta-9 THC." Synthetic Conversion and Potential Harmful By-products: The process used to produce high concentrations of delta-8 THC from CBD may create harmful by-products that are not yet well-characterized. "This conversion process, used to produce some marketed products, may create harmful by-products that presently are not well-characterized." Availability and Mislabeling: Delta-8 THC products are increasingly available in both marijuana and hemp marketplaces, including online. They are sometimes marketed as "weed light" or "diet weed." A significant concern is insufficient labeling, where products containing delta-8 THC may only be labeled with delta-9 THC content, underestimating their psychoactive potential. These products are sold by a wide range of businesses, not limited to regulated dispensaries, increasing the potential for consumer confusion with non-intoxicating hemp or CBD products. "Delta-8 THC products are increasingly appearing in both marijuana and hemp marketplaces..." "Delta-8 THC products are sometimes marketed as 'weed light' or 'diet weed.'" "As such, products that contain delta-8 THC but are labeled with only delta-9 THC content rather than with total THC content likely underestimate the psychoactive potential of these products for consumers." "...delta-8 THC products are sold by a wide range of businesses that sell hemp. As a result, delta-8 THC products may also have the potential to be confused with hemp or CBD products that are not intoxicating." Adverse Events: The CDC Health Advisory specifically alerts to "reported cases of adverse events" linked to increased availability of delta-8 THC products and insufficient labeling. Regulatory Status: The DEA has listed delta-8 THC as a Schedule I narcotic in the Orange Book. Legislative efforts, such as the Florida Senate bill, are underway to restrict hemp products like delta-8 THC. "The United States Drug Enforcement Agency (DEA) recently listed delta-8 THC as a Schedule I narcotic in the Orange Book." "Florida Senate Passes Bill To Restrict Hemp Products Like Delta-8 THC." 2. Consumer Behavior and the Theory of Planned Behavior: Application of the Theory of Planned Behavior (TPB): The TPB is a model used to understand and predict human behavior based on attitudes, subjective norms, and perceived behavioral control. A study applies this theory to examine consumer intent to use various hemp-based products (CBD, food, clothing, personal care, and pet products) in the U.S. context. "The theory of planned behavior has been applied extensively to food choice... pro-environmental behaviors... health behaviors... and hospitality." "This study, therefore, examines the extent to which intent to use hemp-based products is influenced by TPB constructs among U.S. consumers." Influence of Attitudes: The study found that positive consumer attitudes toward using hemp products significantly increase the probability of adopting all examined categories of hemp products. "Consumer attitudes (ATT) significantly increase the likelihood of adopting all examined hemp product types..." "This suggests that a positive perception of using hemp products is a strong driver of intent to purchase." Influence of Subjective Norms and Perceived Behavioral Control: The impact of subjective norms (the perceived social pressure to perform or not perform a behavior) varies by product type, positively influencing the adoption of hemp personal care products but negatively influencing the adoption of hemp pet products. Increases in perceived behavioral control (the perceived ease or difficulty of performing a behavior) increase the probability of purchasing hemp clothing and personal care products. "SN positively influences the adoption of hemp personal care products, but negatively influences the adoption of hemp pet products." "Increases in PBC increases the probability of purchasing hemp clothing and personal care products." Influence of Demographic Factors: Demographic factors like age, income, and political affiliation also influence the adoption of hemp-based products, though inconsistently across product categories. Older consumers are less likely to adopt CBD, clothing, food, and pet products. Higher incomes are associated with increased adoption of hemp food and personal care products but negatively with pet products. Those identifying as Democrat or Independent are generally less likely to adopt products compared to Republicans. "Yes, demographic factors play a role in the adoption of hemp-based products, although their influence can vary depending on the specific product category." "For instance, older consumers show a decreased probability of adopting CBD, clothing, food, and pet products compared to younger consumers." "Income level also has an inconsistent association, positively correlating with the adoption of hemp food and personal care products but negatively with pet products." "Political affiliation also appears to be a factor, with those identifying as Democrat or Independent generally less likely to adopt products compared to Republicans across most categories." 3. Regulatory Environment and Enforcement Challenges: Definition of Hemp vs. Marijuana: The fundamental distinction between hemp and marijuana is based on the concentration of delta-9 THC. Hemp contains 0.3% or less delta-9 THC by dry weight, while marijuana contains more than 0.3%. "Marijuana refers to all parts of the plant Cannabis sativa L., including flower, seeds, and extracts with more than 0.3% delta-9 tetrahydrocannabinol (THC) by dry weight. Any part of the cannabis plant containing 0.3% or less THC by dry weight is defined as hemp." Hemp Cultivation Regulations: The USDA provides guidelines for hemp sampling to ensure compliance with THC limits. In Florida, there are specific rules regarding corrective action plans for negligent violations and reporting to the Attorney General for violations with a culpable mental state greater than negligence. Out-of-compliance hemp must be destroyed, but it is not a criminal violation unless a culpable mental state greater than negligence can be proven. (Table showing hemp sampling size based on acreage from USDA source) "A licensee must complete a corrective action plan if the Department determines that the licensee has negligently violated Section 581.217, F.S. or this rule." "If the Department determines that a licensee has violated Section 581.217, F.S., or Department rules with a culpable mental state greater than negligence, the Department shall immediately report the licensee to the Attorney General..." "Per s. 581.217, F.S., hemp that is out of compliance, i.e. over .3%, must be destroyed, however it is not a criminal violation to have out of compliance hemp." Law Enforcement Challenges: Distinguishing between legal hemp and illegal marijuana presents challenges for law enforcement. The odor of cannabis alone is not sufficient probable cause for a search; an "odor plus standard" is required, involving additional observations or factors. Presumptive testing kits are available to help distinguish between the two based on THC levels. "While conducting a traffic stop, you detect the odor of cannabis emanating from the vehicle... If the subject answers 'Yes,' then you need to determine if it is marijuana or hemp." "The following are some examples of 'odor plus standards' that may be used to determine probable cause:" "Cannabis Typification Test kits are now available to law enforcement providing the ability to presumptively distinguish between legal hemp and illegal marijuana." Varying State Laws: States have differing laws regarding cannabis and industrial hemp, ranging from comprehensive medical marijuana to limited cannabis (high CBD, low THC) and industrial hemp. There is ongoing debate and a need for clarity in how these plants and their derivatives can be grown and processed under state law and sold across state lines. (Map showing state laws allowing cannabis or industrial hemp) "Lawmakers and other stake-holders are looking for clarity in how both of these plants can be grown and processed for products that have medical benefit under state law, and whether they can be sold across state lines." Conclusion: The increasing proliferation of hemp and cannabis-derived products, particularly those containing delta-8 THC, presents both opportunities and challenges. While the market for hemp-based products is growing, driven by positive consumer attitudes and influenced by various demographic factors, concerns remain regarding product safety, labeling accuracy, and consistent regulation. The distinction between legal hemp and illegal marijuana, based on THC content, continues to pose enforcement challenges, highlighting the need for clear guidelines and reliable testing methods. The evolving regulatory landscape at both federal and state levels reflects the ongoing efforts to address these complexities and ensure public safety and consumer protection in this dynamic industry. . ======= . What is the difference between marijuana and hemp? Both marijuana and hemp originate from the Cannabis sativa L. plant. The crucial distinction between the two lies in the concentration of delta-9 tetrahydrocannabinol (THC). Marijuana is defined as any part of the plant containing more than 0.3% delta-9 THC by dry weight, while hemp consists of any part of the plant with 0.3% or less delta-9 THC by dry weight. THC is the compound responsible for the psychoactive effects or "high," whereas cannabidiol (CBD) is another cannabinoid present in cannabis that is not psychoactive. What is delta-8 THC and how is it related to hemp and marijuana? Delta-8 THC is one of the several THC isomers naturally present in the cannabis plant, though it occurs in smaller quantities compared to delta-9 THC. It is estimated to be about 50-75% as psychoactive as delta-9 THC. While delta-8 THC exists naturally, it can be synthetically produced in higher concentrations by converting CBD using solvents, acids, and heat. Delta-8 THC products are being increasingly found in both marijuana and hemp markets. Why are there concerns about delta-8 THC products? Concerns about delta-8 THC products stem from several factors. The health effects of delta-8 THC are not yet extensively researched or well-understood. Since it is psychoactive, it carries potential risks of impairment similar to delta-9 THC. A significant issue is insufficient product labeling, where products containing delta-8 THC might only list delta-9 THC content, underestimating the product's psychoactive potential for consumers. Furthermore, delta-8 THC products are not solely sold in regulated marijuana dispensaries and can be found in businesses that sell hemp, leading to potential confusion with non-intoxicating hemp or CBD products and potentially unexpected or increased THC intoxication for consumers. The synthetic conversion process used to produce some delta-8 THC products may also create harmful by-products that are not well-characterized. What kinds of products contain delta-8 THC? A wide variety of products on the market contain delta-8 THC. These include, but are not limited to, vapes, smokable hemp flower sprayed with delta-8 THC extract, distillates, tinctures, and gummies. How do consumer attitudes influence the purchase of hemp-based products? According to studies applying the theory of planned behavior, positive consumer attitudes toward using hemp products significantly increase the likelihood of purchasing all types of hemp products examined (including CBD, clothing, food, personal care products, and pet products). This indicates that a favorable perception of these products is a strong predictor of consumer intent to buy them. Do demographic factors affect who buys hemp-based products? Yes, demographic factors influence the adoption of hemp-based products, although their impact varies across different product categories. For example, older consumers are less likely to adopt CBD, clothing, food, and pet products compared to younger consumers. Income level has inconsistent effects, showing a positive correlation with the adoption of hemp food and personal care products, but a negative one with pet products. Political affiliation is also a factor, with individuals identifying as Democrat or Independent generally being less likely to adopt most hemp products compared to Republican respondents. Gender also plays a role, with women showing an increased probability of adopting hemp clothing and personal care products. How do law enforcement officers in states like Florida distinguish between legal hemp and illegal marijuana? In states like Florida, law enforcement officers use various indicators and testing methods to distinguish between legal hemp and illegal marijuana. If the odor of cannabis is detected during a traffic stop, officers are advised to ask the individual if they have marijuana or hemp in the vehicle. If the individual denies possession, it can establish probable cause for a search. If they admit to having it, officers need to determine if it is legal medical marijuana, illegal marijuana, or hemp. Officers also rely on "odor plus standards," which include additional observations such as admission or denial of possessing controlled substances, visual observation of illegal substances or paraphernalia (like scales or baggies when combined with other factors), signs of impairment, large amounts of cash bundled in a manner consistent with illegal activity, furtive movements, or a known criminal history related to illicit activity. Presumptive testing kits, such as the Cannabis Typification Test kit, are also available to help distinguish between samples with THC levels above or below the legal threshold of 0.3%. What happens if cultivated hemp tests above the legal THC limit in Florida? In Florida, if cultivated hemp tests above the 0.3% THC threshold, it is considered out of compliance and must be destroyed. This destruction can be arranged with a DEA-registered reverse distributor or authorized law enforcement. However, simply having out-of-compliance hemp is not automatically a criminal violation. To pursue criminal charges, law enforcement must be able to prove a "culpable mental state greater than negligence." Licensees who negligently violate hemp cultivation regulations can be required to complete a corrective action plan, and repeated negligent violations can result in ineligibility to cultivate hemp. If a violation is determined to be with a culpable mental state greater than negligence, the licensee is reported to the Attorney General, the state attorney, and the United States Attorney General for potential criminal prosecution.