Hemp-Derived Delta

Loopholes, conversions and cannabinoids—how infused-beverage brands are innovating their way into the national market.

WORDS Danielle Guercio

Ifconsumers were confused­ about cannabis­ before, now they’re downright rolling in the depths of it.

Exciting new form factors like ready-to-drink THC beverages were once only the purview of well-funded brands in one of the limited states where recreational use is allowed (currently 23 states plus the District of Columbia), but now you can find infused­ options in some corner stores, grocery aisles and alongside traditional alcoholic beverages in wine, beer and liquor shops across the U.S.

And we’re not just talking CBD (cannabidiol) drinks, folks—we’re deep in the land of delta-9 THC (tetrahydrocannabinol), the cannabinoid primarily responsible for the psychoactive effects of cannabis.

How did we get here? And what’s the deal with these products—are they even legit?

Let’s start with the how. Many think of California as the American heart of the cannabis industry, where you could purchase marijuana with a medical card at independent shops since the 1990s. When the recreational market launched in 2016, things shifted completely.

An influx of capital and ruthless mergers and acquisitions shrunk the industry to limited players duking it out over limited customers. Waves of well-meaning legislation seeking to childproof packaging let counties opt out of retail, and limited access to formal financial investment meant a mass culling of many of the small players, although the consolidation of funds and talent meant marginal innovations in tech, especially extraction and product development.

California has been the incubator for cannabis’ great potential, but few seem to have incorporated the many lessons learned and are instead trying to maneuver around them.

The push and pull of these pros and cons continue to this day as more states move to allow medical and/or recreational cannabis use.

Federal prohibition, however, has stuck the eff around. And despite extensive legacy markets such as those in California, Colorado, Oregon and Washington, the demand for cannabis has outweighed legal access points, and still does.

As such, in the time since the first cannabis medical shops opened in the ’90s and ultimately compounded by the passing of the 2018 Farm Bill—a piece of legislation that legalized the regulated production of hemp, which until then had not been differentiated from other cannabis plants—cannabis “loophole culture” exploded.

If some people get to shop at a chic dispensary for branded beverages,­ beautiful pre-rolls and high-tech extracts and edibles, but others don’t, that’s a customer base and opportunity just waiting to be seized.

Wielding the Farm Bill, brands started designing products with cannabinoids harvested naturally from hemp, synthesized from hemp or altogether synthetic to meet this need.

As long as it’s hemp-derived or synthetic (more on that later), non-dispensary retailers in most markets are willing—and seemingly legally permitted—to join in the fun.

Here’s where the confusion peaks: Delta-9 THC comes from cannabis and hemp, just in different concentrations.

“Delta-9 tetrahydrocannabinol is considered a Controlled Substance—federally illegal—unless it derives from plants that meet the definition of ‘hemp’—federally legal,” explains Lauren Rudick, Managing Principal at Rudick Law Group. “Hemp may contain up to 0.3% THC, measured on a dry weight basis.”

Naturally occurring delta-9 THC can be collected from hemp plants, but it occurs in smaller concentrations than cannabis plants. It is a technicality of our canna-catch-22 that you can’t just collect 38% THC for products to be sold in non-regulated outlets from potent cannabis plants, which is way better at making delta-9 than hemp but more tightly controlled in their cultivation, processing and use.

As you need huge amounts of hemp to collect the same volume of THC, and this could prove quite wasteful, some producers synthesize other cannabinoids that are more abundantly present in hemp, like nonintoxicating CBD, into buzz-inducing delta-9 THC.

Synthetic delta-9 is not necessarily bad—we just don’t yet know, as an isolated, manipulated molecule opposed to a whole-plant derivative, how safe it is in the long term. When it comes to production standards, quality control and safety, hemp brands are not as regulated as cannabis brands, largely overseen by the Food and Drug Administration (FDA) Cannabis Product Committee (CPC). Additionally, brands without tight regulatory oversight can add other ingredients to simulate a cannabis THC buzz, from herbs and supplements to other synthetic cannabinoids that you didn’t sign up for.

Without regulations or self-­policing brands, consumers of hemp-derived delta-9 (or extralegal cannabis) are exposed to huge amounts of physical risk compared to those with medicinal or recreational market access.

But amidst all this question and confusion, there is some integrity and available quality assurance for producers­ and consumers alike. Some operators choose to receive and provide certificates of analysis, or COAs, to make sure that whether hemp-derived on the national market or cannabis derived in adult-use states, the delta-9 is safe to consume.

Alt-bev creators Artet are among the wave of canna-turned-hemp brands. When questioned about this move, cofounder Xander Shepherd made a great case for hemp delta-9 altogether in the grand scheme of things.

“Our goal has always been to put infused beverages on bar carts everywhere, and our hemp-derived products allow us to take a big step towards making that a reality,” he says. “We can meet the needs of more people who want to—and deserve to—take a different approach to drinking and improve their lifestyle.“

Improving safe access is crucial, but due to time, cost and even perhaps a lack of perceived need if demand is already there, not every brand is going to deploy the standards that veterans of the highly regulated adult-use markets have already built into their operations.

“In the case of our hemp-derived beverages, we’re working with the same suppliers who help us produce our adult-use products, across the entire supply chain,” says Shepherd. “These drinks are still coming from Artet, the same brand that pioneered live-resin-infused beverages and works directly with OCal-certified farms to release single-strain cocktails and aperitifs.”

And with other brands like Calexo, MXXN and Ayrloom following similar intent in their delta-9 sourcing transitions, Artet is not alone.

So, when the loophole gets looped, and now people supposedly have THC access on a far more national, legal level, is prohibition over?

Well, no, not really. Though it does bring greater awareness of cannabis and hemp and all of its delicious forms.

But it’s also siphoning resources from the main stage. “If we had cannabis legalization, focus would not be on finding loopholes to create products to fill massive demand,” says Rudick. “Instead, focus would be on research and improving cannabis plants and derivative products.”

There’s nothing wrong with hemp-derived delta-9 at face value, but without a complete understanding of cannabis in the first place, analogues and alternatives require a little extra scrutiny by the consumer.