A Dangerous Marijuana Loophole - The emergence of Delta 8 leads to a rise in ER visits, calls to poison control

by Wyoming Liberty Group

This should be simple: Marijuana is illegal, according to federal law across the United States. It's also illegal, according to state law, in Wyoming. But it's already here in the Cowboy State—in a manner of speaking.

Ever heard of Delta 8? There's a lot of confusion out there about what it is. But there's no confusion about this: Delta 8 is being marketed and sold all over Wyoming—and it's already causing significant damage, especially to the health and welfare of our children, many of whom have been rushed to hospital emergency rooms, reporting alarming effects.

Delta 8 is not illegal—thanks to a loophole created by the U.S. Congress. (More on that in a moment.) According to authorities, Delta 8, which comes from the same cannabis plant as marijuana, has similar mind-altering effects. But with less of the psychoactive substance in it.

Hence, the nickname used in Wyoming: "Diet weed." That only underscores Delta 8's connection to marijuana. The upshot: Delta 8 gets the user stoned.

Work is being done in the state legislature to close the loophole, to stop the stampede that is Delta 8. A bill, known as SF 32 is wending its way through the capitol chambers to stop the production of products like Delta 8. And now the bill stands before the House to be considered any day. But regardless of the outcome in Cheyenne, more work has to be done to get Delta 8 out of Wyoming.

Even since Congress passed the Agriculture Improvement Act of 2018—known as the Farm Bill—commercial interests have rushed to market and sell Delta 8. That's because the federal law allows the growth and sale of hemp, a class of the cannabis plant with low levels of tetrahydrocannabinol, or THC, the psychoactive ingredient that makes the person high in marijuana.

Concentrated amounts of Delta 8 can be made by extracting a compound called cannabidiol—or CBD—from hemp before converting it in a chemical process into what is known as Delta 8.

Now, Delta 8 is well entrenched in many corners of the state. Buyers can already purchase Delta 8 in Cheyenne, Gillette, Jackson, Laramie and Rawlins. The mind-altering substance can be obtained in health stores and other shops across the state. Delta 8 is also available on the web. One site offers this: "Where to Buy Delta 8 Gummies in Wyoming."

Such gummies are edibles, which look like multicolored candy for children. "These gummies do not contain gluten, and each has 25mg of potent Delta-8-THC," the website touts. "We currently have six delectable flavors, which are mango, blue raspberry, strawberry, green apple, pink grapefruit and watermelon."

Such brazen marketing is apparently capturing the attention of our children. In Cody, for instance, Delta 8 has sent many high school students to the emergency room over the past year.

"I just want to talk about the seriousness of what we're dealing with," said the school resource officer at a City Council meeting. He said that he and the vice principal had sent five students to the hospital as a result of Delta 8.

"We had one kid today who was 90 pounds and couldn't breathe," the school resource officer said. "We couldn't wake him up."

For her part, the vice principal said, "This is my seventh year, and I've never sent anyone to the emergency room, let alone five or six kids because their vitals were so low and they were incoherent."

These, by the way, are not isolated incidents. The U.S. Food and Drug Administration—the federal agency responsible for protecting the public health—has received 104 "adverse event reports" from people about Delta 8 between Dec. 1, 2020, and Feb. 28, 2022.

More than half—55 percent—required emergency medical services or hospital admission. Adverse events included: "hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness."

This is what the FDA says: "It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets."

What's more, the FDA states, "National poison control centers received 2,362 exposure cases of delta-8 THC products between January 1, 2021 … and February 28, 2022."

Nearly half—41 percent—involved children under the age of 18.

What is drawing people, especially minors, to Delta 8 is that high, authorities say. If teenagers can't get marijuana legally, some are seeking out the next alternative, Delta 8.

But is this what we want for Wyoming?

Stay tuned. More information to come from your friends at Wyoming Liberty Group.