By David R. Shorey, East County Programs Director, Institute for Public Strategies
January 8, 2024 (San Diego’s East County) -- As the landscape of cannabis legalization continues to evolve, a new concern is emerging. It’s the proliferation of hemp-derived Delta 8 and Delta 10 products found in hemp. These derivatives of cannabis, purportedly legal, are skirting regulations and putting our youth at risk. It’s time to shine a light on these products and the dangers they pose to our communities, especially our vulnerable younger generation.
Delta 8 and Delta 10, often marketed as "hemp-based" products, are synthetic cannabinoids derived from hemp, claiming to offer a legal high. However, their production and distribution operate in a gray area, exploiting loopholes in existing cannabis laws. While some proponents argue their legality due to their source from hemp, these products deliver psychoactive effects similar to traditional THC, leading to intoxication and potential health hazards.
The State of California, along with local ordinances in San Diego County and some cities, strictly regulate the sale of cannabis and cannabis-derived products. Businesses must possess specific licenses to distribute these products, ensuring adherence to safety standards and preventing their access to minors. However, recent investigations have uncovered businesses unlawfully selling Delta 8 and Delta 10 products without proper licensing, violating established laws to safeguard our youth.
Critical Concerns
Delta 8 and Delta 10 are cannabinoid derivatives, distinct from the more well-known Delta 9 THC. While Delta 9 is the primary psychoactive component of cannabis responsible for its euphoric effects, Delta 8 and Delta 10, though less potent, possess similar psychoactive properties. The critical concern arises not from their existence but from the obscured channels through which these compounds find their way into the hands of our youth.
One of the most troubling aspects is the loophole in regulations that allows these substances to be sold under the guise of legality. Manufacturers and local merchants exploit legal gaps, leveraging the technicalities of the law to market Delta 8 and Delta 10 products. These items, often in the form of edibles, vapes, and oils, are readily available in stores, presenting a facade of legality while skirting regulations designed to protect our most vulnerable populations.
National poison control centers have reported numerous cases linking hospitalizations and even fatalities to exposures to synthetic "hemp-based" products. These alarming incidents underscore the urgency to address the unregulated distribution of these substances that pose significant health risks to consumers, especially our impressionable youth. There are distressing indications that teens as young as 16 or 17 are gaining access to these products, violating the explicit prohibition against selling cannabis to minors. Access to these products not only endangers their health but also exposes them to potential felony charges. The availability of these substances to minors is a clear violation of laws meant to shield them from the harmful effects of such intoxicants.
City of San Diego Response
The City of San Diego, recognizing these threats, issued a notice to businesses suspected of unlawfully selling Delta 8 and Delta 10 products, urging compliance with the law. The ultimatum provided allows for the disposal or surrender of these products. Failure to comply may lead to enforcement actions, including legal consequences and civil penalties. This follows an effort by District Attorney Summer Stephan to crack down on those businesses around San Diego County exploiting the perceived ambiguity in cannabis laws.
Licensed cannabis retailers have also stepped in to confront the Delta 8 and Delta 10 proliferation by filing a lawsuit in San Diego Superior Court against companies who have been selling these products. The complaint states that these companies have “brazenly flooded the California marketplace with these highly intoxicating and chemically synthesized Illegal Designer Drugs with the intent to evade and undermine California’s comprehensive system to control and regulate cannabis products.”
Benefits of Regulation
Studies on Delta 8 and Delta 10 highlight their psychoactive nature, emphasizing the potential risks associated with their consumption. Existing county and city ordinances clearly outline the regulations governing cannabis products and the legal framework that these businesses are violating. The need for stricter regulation of cannabis products is evident. It is crucial to protect our youth and vulnerable populations from the harmful effects of unregulated substances masquerading as harmless hemp-derived products. The current situation demands swift action from both authorities and community stakeholders to close these legal loopholes and ensure robust enforcement of regulations.
As concerned citizens, it’s our collective responsibility to Learn and understand the benefits of safeguards such as regulations that can protect our impressionable youth. The enforcement of current laws can make a tangible difference in protecting our youth from the dangers lurking within these unregulated products.
Addressing the issue of Delta 8 and Delta 10 sales to minors and the circumvention of cannabis regulations is pivotal to safeguarding our community's well-being. Meaningful regulation is imperative to protect our youth from the dangers posed by Delta 8 and Delta 10. Robust, standardized policies that unequivocally address the production, distribution, and sale of these substances can go a long way in this effort. It is crucial to advocate for measures that prioritize the protection of our youth and vulnerable populations from the potential hazards posed by these unregulated products.
Our youth need protection against the intrusion of substances like Delta 8 and Delta 10. Youth prevention is key to avoiding cannabis use disorder in the future. Teen recovery centers can be found throughout East County and beyond in a brochure provided by the County of San Diego Health and Human Services, Behavioral Health Services.
IPS works alongside communities to build power, challenge systems of inequity, protect health and improve quality of life. IPS has a vision for safe, secure, vibrant and healthy communities where everyone can thrive. To learn more about IPS East County, follow us on our social media platforms: IPS East County Facebook, IPS East County X and East County Youth Coalition Instagram. Our website is at IPSEast.org. Resources and services are available to assist with screening, treatment, and recovery for individuals with a substance use disorder via the Access & Crisis line, which is open year-round, 24/7 at (888) 724-7240 or just dial 988.
IPS East County is funded by the County of San Diego Health and Human Services Agency, Behavioral Health Services