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States like Alabama and Wisconsin have no regulatory system to control Delta-8 and other hemp products for safety and quality.
Although the gummies and vapes are legal, users of hemp-based products must navigate a sea of potentially mislabeled products, risking adverse reactions, exposure to contaminants, and drug tests that come back positive for marijuana.
Here you will find instructions on how to protect yourself if you decide to consume hemp-based cannabis.
Be aware of potential health risks
Consumers of Delta-8 and similar products have reported bad reactions to the Food and Drug Administration and poison control centers across the country. Typical symptoms include hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness.
It is unclear what causes these reactions.
One possibility is that the products are more potent than stated and result in an intense high.
“All of a sudden you get a 50-milligram gummy bear and it says it’s 10. Yeah, that’s a bad experience,” said Antonio Frazier, a board member of Americans for Safe Access, a medical marijuana lobbying group that promotes the safety of cannabis products.
Another possibility is contamination by heavy metals or pesticides.
A recent study by the American Council of Independent Laboratories found that 15% of a sample of Delta-8 products contained illegal amounts of pesticides, with one product even containing more than 600 times the standard limit.
In another studyResearchers at the University of Rochester Medical Center tested Delta-8 vaporizers and found that many of them contained heavy metals such as chromium, copper, mercury, lead and more.
Stick to edible products and avoid those you inhale
One way to reduce pesticide exposure is to use edible products instead of smokable ones, because experts say pesticides are most dangerous when inhaled.
“When you inhale cannabis, these pesticides go directly into your bloodstream,” said Josh Wurzer, founder and chief compliance officer of SC Labs, a cannabis and hemp testing laboratory.
On the other hand, when you eat something that contains pesticides, those pesticides are broken down during digestion and pose less of a threat to human health, Wurzer said.
In fact, our food often contains pesticides. The US Environmental Protection Agency (EPA) allows different concentrations of pesticides in food, depending on the product.
“Very few consumer agricultural products are inhaled,” Wurzer said. “None of these pesticides are approved for use in inhalable products.”
Keep your packaging or receipts to present to law enforcement
Consumers should be aware that “Delta-8 is not a controlled substance in Wisconsin, so simple possession or consumption is not subject to criminal prosecution,” Sergeant Abby L. Pavlik of the Wauwatosa Police Department said in an email.
In other words, the police have no right to charge you with possession or consumption of THC if you consume Delta-8 or any other legal hemp product in public or elsewhere.
But legal hemp products can look, smell and feel just like illegal marijuana products, which Are controlled substances in Wisconsin.
In addition, Delta-8 and other hemp-derived THC products are virtually indistinguishable from marijuana products in drug tests, Frazier said.
“There is no ‘I take D8 and then pass the drug test,'” Frazier said. “These drugs make no difference.”
For these reasons, Pavlik advised Delta-8 users to keep the packaging and receipts of their products.
If contact is made with law enforcement, the packaging should be presented to prove that the product is legal, it said in an emailed statement.
Tommy Spina, a criminal defense attorney in Alabama, said he advises his clients to avoid all hemp products, including non-intoxicating CBD. Very few judges in the state would consider evidence that a positive drug test was caused by Delta-8, he said.
“I have one piece of advice,” Spina said. “Just don’t smoke it.”
Look for a detailed “Certificate of Analysis” or COA
Consumers should also look for laboratory reports or certificates of analysis for a product.
COAs are not required by law, but many manufacturers publish them to show consumers or regulators how much and what type of cannabinoids the product contains – such as delta-8, delta-9, THC-A, HHC and others.
Some COAs also indicate whether the products have been tested for pesticides, heavy metals and other contaminants.
Most hemp-derived THC retailers post COAs online and keep them in their stores.
Products typically have a QR code that takes consumers directly to either the product’s COA or the brand’s website.
COAs list a “lot number” that should match a lot number listed on the product, Frazier said. If the lot numbers don’t match, the COA does not represent the retail product.
Users should also pay attention to the date on the COA. The test date should be between nine months and one year. Anything older is likely out of date. The report should have an expiration date approximately one year after the test was completed.
Beware of COA manipulation
Just because a brand posts COAs on its website does not mean the COAs are legitimate. The cannabis testing industry has a well-documented history of mislabeling and inaccurate COAs.
The American Council of Independent Laboratories study that found pesticides in some hemp products also found that 61% of the products tested were falsely labeled as hemp and considered illegal marijuana. All of the products’ COAs were either false or not publicly posted.
The University of Rochester study found the same pattern of mislabeling and inaccurate COAs and said the results “point to inadequate testing capacity and falsified results.”
Wurzer said consumers should examine COAs for visual signs of tampering. That includes looking for different fonts and font sizes throughout the report, especially where the brand name and contact information are listed.
COAs typically include a photo of the product. Users should ensure that the photo is centered and has not been significantly altered to match the formatting of the original report.
Most importantly, Frazier said, consumers should try to obtain information about the laboratory’s testing protocols.
He said reputable labs use a “random sampling” method, in which a lab randomly selects units from a production batch. Random sampling limits manufacturers’ ability to manipulate test results, he said. Consumers should contact the lab and ask them to disclose their methods for a specific batch, Frazier said.
If a lab report is missing relevant information, users can always call the lab and ask directly. Labs may, at their discretion, provide the COA they have on file.
“If you ever have questions, call the lab that did the testing,” Wurzer said. “We can always verify whether a COA came from us or not. And we’re happy to do that.”
Check the brand you are buying from
Finally, check out the brand you want to buy. This can start by looking at their website.
Not having contact information is a red flag and a chronic habit of today’s THC dealers, says Salem Kashou, owner of Milwaukee-based retailer Kind Oasis. Then consumers have no one to ask questions of or hold accountable if necessary.
There are identifiable people behind a reputable brand selling Delta-8 or similar products, Kashou said. They can make their presence known to the public because they trust that their products are safe and of high quality.
“We don’t hide who we are,” Kashou said.
Kind Oasis, for example, sells its THC soda makers in local movie theaters and coffee shops. They also partner with their neighbor Yoga Six to hold monthly yoga classes in Kind Oasis’ storefront, and their bright yellow posters can often be seen in several east side stores.
“Part of the brand’s legitimacy is showing up in local places,” said Grant Steskal, Kind Oasis’ beverage sales manager and event and retail coordinator.
Most importantly, consumers should use their common sense, Kashou and Steskal said.
“If it’s at the gas station, probably not,” Kashou said. “Go to a reputable store.”
Zoe Jaeger is Sharon Stark’s investigative intern at the Milwaukee Journal Sentinel. You can reach her at [email protected] .
AL.com Reporter Amy Yurkanin contributed to this report.
