Rocco Petrilli and Andrew Hatch of National Cannabis Risk Prevention Services also contributed to this article.
Novel cannabis products and our understanding of how they interact with our bodies are evolving in tandem, which is unique compared with any other consumer product. Although cannabis research has been outpaced by consumer behavior and public policy, it is now catching up. Relying on new studies, attorneys may soon seek to establish medical causation that links the use of high-THC products to cardiovascular conditions, mental health issues and susceptibilities in certain consumer populations. The hemp industry is not immune, given the recent explosion of unregulated but intoxicating hemp-derived products that contain levels of THC similar to regulated cannabis products.
Continue Reading Cannabis and Hemp Companies Disregard Emerging Product Liability Risks at Their Peril
The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace. Much has been written about new “legal” hemp products that contain intoxicating delta-8 THC, delta-10 THC and THC-O Acetate. This article, however, seeks to highlight a brazen new use for familiar old delta-9 THC. Edible products with intoxicating levels of delta-9 THC now are being sold as legal and less-expensive alternatives to regulated cannabis products. Although purveyors of hemp-derived delta-9 THC seek to exploit a perceived loophole in the 2018 Farm Bill’s definition of hemp extracts, these unregulated and intoxicating products are fraught with risk. The cannabis and hemp industries and their insurers should take notice and respond now.