Cannabis News

Photo courtesy of Trulieve

Alex Buscher, founder of Buscher Law in Denver, said he believes the DEA’s interim final rule (IFR) on “marihuana,” which addresses the implementation of the 2018 Farm Bill and “synthetically derived tetrahydrocannabinols,” should be struck down as invalid.

He points out that the DEA states in the IFR that “synthetically derived tetrahydrocannabinols” are Schedule I substances; however, the 2018 Farm Bill explicitly excludes “tetrahydrocannabinols in hemp” from Schedule I.

“But they didn’t define ‘synthetic,’ and they don’t actually have a definition of ‘synthetic’ in the Controlled Substances Act,” Buscher says. Much of the Delta-8 on the market is converted in a lab from the CBD of hemp that’s legally grown with less than 0.3% THC.

The DEA’s definition of “synthetically derived tetrahydrocannabinols” could be interpreted to include Delta-8 made from isomerized CBD, Buscher says. Delta-8 isn’t mentioned by name in the 2018 Farm Bill, the DEA’s IFR or the Controlled Substances Act.

“The IFR also conflicts with DEA and DOJ’s [Department of Justice] prior interpretations of ‘synthetic cannabinoids,’” Buscher says. “A DEA agent is on record explaining that ‘“synthetic cannabinoids” are “designer drugs” developed from a nonorganic source and intended to produce effects similar to THC, the active ingredient in marijuana.’”

Buscher also points to a National Institute on Drug Abuse document on the DOJ’s site that says “synthetic cannabinoids” are “man-made” and sometimes “sprayed on dried, shredded plant material.” The document mentions “Spice,” “K2” and other products that mimic cannabis’ effects but “may affect the brain much more powerfully than marijuana.” (Russo says these synthetic substances are “full agonists” at CB1 receptors in humans’ endocannabinoid systems and “are nothing like THC or cannabis.”)

A case addressing the DEA’s IFR is currently moving through the U.S. Court of Appeals for the District of Columbia Circuit. As Hemp Grower previously reported, the Hemp Industries Association (HIA) and RE Botanicals of Conway, S.C., sued the DEA over the agency’s IFR in September 2020, stating that the DEA skirted legal procedure, overstepped its regulatory authority and did not act “in accordance with law” when it issued the rule. Buscher says he supports the legal challenge.

A court ruling in favor of the HIA and RE Botanicals could provide some security for plant-touching businesses dealing with Delta-8, Buscher says, but until then, dealing with the cannabinoid could land them in hot water.

“[A]s an attorney, I have to tell my clients it’s not without risk because the DEA rule is essentially raid first and fight you in court later,” Buscher says.

He adds that many states have deemed tetrahydrocannabinols Schedule I substances, and that extends to Delta-8. “A lot of states don’t even have a hemp definition constitutionally, or even a hemp definition that exempts hemp from marijuana,” Buscher says.

Delta-8 VS. Other Cannabinoids

Warrender says he wouldn’t classify Delta-8 as an alternative for other cannabinoids, as they can all produce different effects.

© credit | website.com

“Delta-8 is a THC compound; however, it’s chemically different than Delta-9,” Warrender says. “Delta-8 doesn’t have nearly as many psychoactive properties, so you don’t get a heavy high where you’re anxious or can’t quite function at your highest potentials.” 

Some of the common side effects of Delta-9 THC like head fog, anxiety or paranoia, cottonmouth or red eyes seem to not be common with Delta-8, he says. Instead, he says many consumers have reported to have a clear mind and feel relaxed after consuming Delta-8.

“Delta-8 does have some euphoric uplifting values, where you’ll feel it, and that is something that differentiates it from [cannabinoids such as] CBD,” he says. “Those have more of an effect where when you take them, it doesn’t give you an instant feeling, but Delta-8 can give you an instant feeling of relief.”

However, like Delta-9, he says consumers reported to experience a heavier, more intense feeling when consuming Delta-8 infused edibles versus smoking flower or vape, due to how the body metabolizes it.

While he suggests some of these cannabinoids can be paired together, like Delta-8 and CBD, it ultimately depends on the consumers’ needs, expectations and why they are taking a certain product.

“CBD, for example, doesn’t have as many effects, but I’ve gotten a lot of reviews from consumers that say isolated CBD helps for sleep or pain management,” he said. “But others that are looking to have a calming and immediate effect, almost like a refresh, say Delta-8 is a great cannabinoid to use during the day or even at night. So, that’s where all these different cannabinoids come into place.”

Editor’s note: This story was updated at 10:30 a.m. March 17 to include further detail on how Trulieve sources its Delta-8-THC.

With all the buzz surrounding Delta-8-tetrahydrocannabinol (THC) in the cannabis industry, many questions circulate around what the up-and-coming cannabinoid is, where it comes from, and its legal status.

The National Cancer Institute defined Delta-8-THC in a statement as an analogue of THC that contains neuroprotective properties that can increase appetite and reduce nausea, anxiety and pain. It produces some psychotropic effects that are less potent than Delta-9, the primary form of THC found in cannabis.

Though it is naturally occurring in cannabis, Delta-8-THC can be converted in a lab from cannabidiol (CBD) and Delta-9-tetrahydrocannabinol (THC), says Dr. Ethan Russo, M.D., a board-certified neurologist and founder and CEO of CReDO Science. He says he believes it is most commonly converted from CBD.

Industry stakeholders disagree over if it is federally legal and whether it presents a market opportunity for hemp and cannabis businesses.

Photo courtesy of Lifted Made

Lifted Made, a wholly owned subsidiary of Acquired Sales Corp, entered the Delta-8 market last summer when there were only a handful of brands in it, said Nicholas S. Warrender, vice chairman and COO of Acquired Sales Corp and CEO of Lifted Made.  

Once introduced to Delta-8 in winter 2019, the brand started to establish relationships with smaller labs and freelance chemists. The team spent about six months doing its legal diligence to ensure they created a high-quality product they felt comfortable to release to the market, he says.

One problem the brand faced when initially entering the market was testing, as many labs did not have a proper standard operating procedure in place, causing a lot of product to test hot; however, the brand worked through the issue and now sells Delta-8 that a third-party lab extracts from hemp.

Florida-based cannabis company Trulieve operates 77 dispensaries and roughly 2 million square feet of cultivation space in the Sunshine State, three dispensaries and 90,000 square feet of cultivation in Pennsylvania, and one dispensary in both California and Connecticut. It also plans to expand its cultivation and dispensary operations into West Virginia and Massachusetts.

Photo courtesy of Trulieve

Trulieve offers Delta-8 in its TruPod vaporizer cartridges and TruClear Syringes, says Beau Williamson, Trulieve director of research and development.

The company sources all its Delta-8 from medical cannabis—specifically via conversion from Delta-9, Williamson says. “Typically, patients may experience some of the same analgesic and antiemetic effects as Delta-9,” he adds. “Delta-8 also has some of the same psychoactive effects as Delta-9, only in a much milder form.”

Trulieve started manufacturing and selling Delta-8 products to “provide some of the same medical and therapeutic benefits as Delta-9 products without some of the side effects some experience with Delta-9, such as anxiousness,” Williamson says. “Medications that inhibit anxiety are referred to as anxiolytics. Delta-8 is much less likely to induce anxiety in high doses than its more widely known counterpart, Delta-9-THC.”

Where It Comes From

The cannabinoid Delta-8-THC is a natural component of cannabis, Russo says.

“[W]ith very good, modern analysis, like HPLC [high-performance liquid chromatography], where you’re not heating anything, there will be Delta-8 found,” Russo says of the cannabinoid’s natural occurrence in the plant. “Sometimes it’s not a little bit—sometimes it’s high amounts.”

However, he says, “The main source these days seem to be in the lab, turning CBD into it.” In addition to its conversion from CBD, it can also be created via conversion from Delta-9.

RELATED: Dr. Ethan Russo Endorses 1% THC Limit for Hemp

Delta-8 is psychoactive, Russo says, though he adds that more research is needed to better understand its effect on humans. “The ideal thing would be a head-to-head comparison of Delta-9 to Delta-8,” he says. “It has been the contention that it is similar to, but perhaps slightly less potent, than Delta-9.”

But there are potential safety concerns. As with Delta-9, Russo says, Delta-8 can cause issues such as toxic psychosis when consumed in large amounts. Poor quality control and fake product labels are other issues that can come up in the marketplace.

Legal Status

“There’s tons of this stuff being sold over the internet, and with the idea that it’s legal under the hemp bill [2018 Farm Bill],” Russo says of Delta-8-THC. “That is totally wrong.”

When asked if that’s because of language from the Drug Enforcement Administration (DEA) that states that tetrahydrocannabinols are illegal when synthetically produced from cannabis, he said, “Right, that’s true. Additionally, there is this nasty little law … called the [Federal] Analogue Act, which says, basically, if you’ve got a drug that’s chemically closely related to something that is Schedule I, … it’s Schedule I and illegal as well.”

Russo is urging the industry be cautious about Delta-8. “People are basically trying to drive a Mack Truck through a rathole with this kind of thing, and it’s pretty much no holds barred until somebody gets busted,” he says. “It’s not [something] I’m really pleased about, particularly since science doesn’t [present] all the knowledge we should have about this. And that’s the government’s fault, too; if there hadn’t been these roadblocks to research for decades, we wouldn’t be having to answer these questions.”

RELATED: U.S. Hemp Roundtable Warns Against Marketing Psychoactive Properties of Delta-8

Photo courtesy of Trulieve

Alex Buscher, founder of Buscher Law in Denver, said he believes the DEA’s interim final rule (IFR) on “marihuana,” which addresses the implementation of the 2018 Farm Bill and “synthetically derived tetrahydrocannabinols,” should be struck down as invalid.

He points out that the DEA states in the IFR that “synthetically derived tetrahydrocannabinols” are Schedule I substances; however, the 2018 Farm Bill explicitly excludes “tetrahydrocannabinols in hemp” from Schedule I.

“But they didn’t define ‘synthetic,’ and they don’t actually have a definition of ‘synthetic’ in the Controlled Substances Act,” Buscher says. Much of the Delta-8 on the market is converted in a lab from the CBD of hemp that’s legally grown with less than 0.3% THC.

The DEA’s definition of “synthetically derived tetrahydrocannabinols” could be interpreted to include Delta-8 made from isomerized CBD, Buscher says. Delta-8 isn’t mentioned by name in the 2018 Farm Bill, the DEA’s IFR or the Controlled Substances Act.

“The IFR also conflicts with DEA and DOJ’s [Department of Justice] prior interpretations of ‘synthetic cannabinoids,’” Buscher says. “A DEA agent is on record explaining that ‘“synthetic cannabinoids” are “designer drugs” developed from a nonorganic source and intended to produce effects similar to THC, the active ingredient in marijuana.’”

Buscher also points to a National Institute on Drug Abuse document on the DOJ’s site that says “synthetic cannabinoids” are “man-made” and sometimes “sprayed on dried, shredded plant material.” The document mentions “Spice,” “K2” and other products that mimic cannabis’ effects but “may affect the brain much more powerfully than marijuana.” (Russo says these synthetic substances are “full agonists” at CB1 receptors in humans’ endocannabinoid systems and “are nothing like THC or cannabis.”)

A case addressing the DEA’s IFR is currently moving through the U.S. Court of Appeals for the District of Columbia Circuit. As Hemp Grower previously reported, the Hemp Industries Association (HIA) and RE Botanicals of Conway, S.C., sued the DEA over the agency’s IFR in September 2020, stating that the DEA skirted legal procedure, overstepped its regulatory authority and did not act “in accordance with law” when it issued the rule. Buscher says he supports the legal challenge.

A court ruling in favor of the HIA and RE Botanicals could provide some security for plant-touching businesses dealing with Delta-8, Buscher says, but until then, dealing with the cannabinoid could land them in hot water.

“[A]s an attorney, I have to tell my clients it’s not without risk because the DEA rule is essentially raid first and fight you in court later,” Buscher says.

He adds that many states have deemed tetrahydrocannabinols Schedule I substances, and that extends to Delta-8. “A lot of states don’t even have a hemp definition constitutionally, or even a hemp definition that exempts hemp from marijuana,” Buscher says.

Delta-8 VS. Other Cannabinoids

Warrender says he wouldn’t classify Delta-8 as an alternative for other cannabinoids, as they can all produce different effects.

© credit | website.com

“Delta-8 is a THC compound; however, it’s chemically different than Delta-9,” Warrender says. “Delta-8 doesn’t have nearly as many psychoactive properties, so you don’t get a heavy high where you’re anxious or can’t quite function at your highest potentials.” 

Some of the common side effects of Delta-9 THC like head fog, anxiety or paranoia, cottonmouth or red eyes seem to not be common with Delta-8, he says. Instead, he says many consumers have reported to have a clear mind and feel relaxed after consuming Delta-8.

“Delta-8 does have some euphoric uplifting values, where you’ll feel it, and that is something that differentiates it from [cannabinoids such as] CBD,” he says. “Those have more of an effect where when you take them, it doesn’t give you an instant feeling, but Delta-8 can give you an instant feeling of relief.”

However, like Delta-9, he says consumers reported to experience a heavier, more intense feeling when consuming Delta-8 infused edibles versus smoking flower or vape, due to how the body metabolizes it.

While he suggests some of these cannabinoids can be paired together, like Delta-8 and CBD, it ultimately depends on the consumers’ needs, expectations and why they are taking a certain product.

“CBD, for example, doesn’t have as many effects, but I’ve gotten a lot of reviews from consumers that say isolated CBD helps for sleep or pain management,” he said. “But others that are looking to have a calming and immediate effect, almost like a refresh, say Delta-8 is a great cannabinoid to use during the day or even at night. So, that’s where all these different cannabinoids come into place.”

In the solventless extraction process, even more so than in hydrocarbon extraction, the quality of the input material is paramount. Because the live rosin end product contains the very essence of the plant that went into the press, it’s vital for operators to seek out the very best genetic lines and cultivars and the most freshly dried and cured plant material.

Erik Christiansen @erik.nugshots

More specifically, the key is in the trichomes.

Solventless operators will typically find that trichomes in the 90- to 120-micron range make up the cream of their crops. The size will make it easier to capture the resin within during the pressing process. (This is why, on a related note, hemp varieties and cannabis trim tend not to work well with ice water hash washing, but do better with dry sifting.)

Cultivars (and genetics families) that tend to do well in the solventless process include: Chem strains, Papaya strains, Cake strains, Cookies and Cream, GMO, Banana OG, Do-Si-Dos, MAC, Tropicana Cookies, and many others with new winners seemingly being found daily. The bottom line: These cultivars are heavy resin-producers, often in the traditional “indica” or “hybrid” categories.

“When it’s pressed well, you tend to get the most original expression that the plant has to offer because it hasn’t been modified by all kinds of super high pressures and solvents taking things apart and putting it back together,” Vlosky says.

This is why top-notch plants are critical.

Starting out, though, this too becomes a bit of a balancing act. Operators won’t want to invest heavily in high-quality material before they’ve gotten a grip on the rosin press itself.

“Before you buy 20 pounds of something that you’re planning to wash and press, talk to the growers,” Vlosky recommends, adding that a half-pound or less of good fresh-frozen plant material might make for a helpful starting point for those looking to test. Talk through the genetics and the particular characteristics of a plant before going all-in on the rosin press.

Erik Christiansen @erik.nugshots

On the back end of the process, when tracking KPIs and yield, operators will want to bear in mind that fresh-frozen buds have about a 75% moisture content. After washing and drying, the numbers look smaller than they are, so paying attention to that math is important. A good benchmark for live ice water hash yields is 3% or greater of the starting fresh-frozen weight, which in all dried material terms, is 4x, meaning 12%. Most producers seek strains that can do at least 4% from fresh frozen to dry hash, and some top strains have been known to yield as much as 8% or more (32% in terms of dry weight calculations).

But it’s more than simple numbers, too.

The solventless process also comes down to what’s long been known in the business as bag appeal. Does it look good? Does it smell good? These remain fundamental indicators, something qualitative to set next to the quantitative yield measurements.

After all, that’s how the consumer will be scrutinizing this product category on shelves or online.

“The consistent thing between all the producers who are attracted to solventless is that they all want to make a really high-quality product,” Vlosky says. “And even through newer markets, these [entrepreneurs] do their homework when they’re trying to start business. They don’t just think, ‘I’m just going to go do this. I hope it works out.’ These businesses and these owners want to make a company that’s going to be successful, obviously. But the people that are really focused on quality, they pick it up quick and they’re trying to get ahead of the curve.”

One way that businesses have gotten ahead of the curve is by working with passionate hash makers, many of which were chefs or cultivators previously. In a way, the rosin press mechanism treats plants similarly to how chefs might treat the ingredients that go into a well curated meal. Whereas the farm-to-table dining concept has picked up a lot of consumer interest in recent years, the farm-to-nail concept might shine through in the solventless extraction process.

Understanding heat is critical to the successful live rosin producer.

Vlosky offers that 160-200 degrees Fahrenheit is a good range to keep in mind for most live rosin products. He adds that older material or lower-quality material might demand more heat, while better-quality-material might need less heat. “It’s all about experimentation,” he says.

And while there’s certainly a roadmap to excellent live rosin products in place, thanks in large part to the team at PurePressure, the game is still one of individual creativity and entrepreneurial spirit.

What sort of solventless products do you want to create?

“A lot of the elite geneticists, a lot of the elite breeders, when they come up with a big solventless strain that they’re really proud of it’s a big deal,” Vlosky says. “And a lot of the solventless breeders are trying to make strains that are popular for solventless because it’s extra brownie points. Not only is your strain good, but it washes well and presses well. And then all the connoisseurs, they kind of glom onto that. That’s a positive thing.

“As markets mature, that demand for solventless concentrates really grows once people find out, ‘OK, first of all, I like concentrates and infused products and, OK, this is my farm-to-table analogy here.’”

It’s an easily explained narrative that tracks with other consumer interest trends, and it’s a major reason why solventless live rosins are becoming a more visible part of the cannabis market.

With all the buzz surrounding Delta-8-tetrahydrocannabinol (THC) in the cannabis industry, many questions circulate around what the up-and-coming cannabinoid is, where it comes from, and its legal status.

The National Cancer Institute defined Delta-8-THC in a statement as an analogue of THC that contains neuroprotective properties that can increase appetite and reduce nausea, anxiety and pain. It produces some psychotropic effects that are less potent than Delta-9, the primary form of THC found in cannabis.

Though it is naturally occurring in cannabis, Delta-8-THC can be converted in a lab from cannabidiol (CBD) and Delta-9-tetrahydrocannabinol (THC), says Dr. Ethan Russo, M.D., a board-certified neurologist and founder and CEO of CReDO Science. He says he believes it is most commonly converted from CBD.

Industry stakeholders disagree over if it is federally legal and whether it presents a market opportunity for hemp and cannabis businesses.

Photo courtesy of Lifted Made

Lifted Made, a wholly owned subsidiary of Acquired Sales Corp, entered the Delta-8 market last summer when there were only a handful of brands in it, said Nicholas S. Warrender, vice chairman and COO of Acquired Sales Corp and CEO of Lifted Made.  

Once introduced to Delta-8 in winter 2019, the brand started to establish relationships with smaller labs and freelance chemists. The team spent about six months doing its legal diligence to ensure they created a high-quality product they felt comfortable to release to the market, he says.

One problem the brand faced when initially entering the market was testing, as many labs did not have a proper standard operating procedure in place, causing a lot of product to test hot; However, the brand worked through the issue and now sells Delta-8 that a third-party lab extracts from hemp.

Florida-based cannabis company Trulieve operates 77 dispensaries and roughly 2 million square feet of cultivation space in the Sunshine State, three dispensaries and 90,000 square feet of cultivation in Pennsylvania, and one dispensary in both California and Connecticut. It also plans to expand its cultivation and dispensary operations into West Virginia and Massachusetts.

Photo courtesy of Trulieve

Trulieve offers Delta-8 in its TruPod vaporizer cartridges and TruClear Syringes, says Beau Williamson, Trulieve director of research and development.

The company sources all its Delta-8 from medical cannabis, Williamson says. “Typically, patients may experience some of the same analgesic and antiemetic effects as Delta-9,” he adds. “Delta-8 also has some of the same psychoactive effects as Delta-9, only in a much milder form.”

Trulieve started manufacturing and selling Delta-8 products to “provide some of the same medical and therapeutic benefits as Delta-9 products without some of the side effects some experience with Delta-9, such as anxiousness,” Williamson says. “Medications that inhibit anxiety are referred to as anxiolytics. Delta-8 is much less likely to induce anxiety in high doses than its more widely known counterpart, Delta-9-THC.”

Where It Comes From

The cannabinoid Delta-8-THC is a natural component of cannabis, Russo says.

“[W]ith very good, modern analysis, like HPLC [high-performance liquid chromatography], where you’re not heating anything, there will be Delta-8 found,” Russo says of the cannabinoid’s natural occurrence in the plant. “Sometimes it’s not a little bit—sometimes it’s high amounts.”

However, he says, “The main source these days seem to be in the lab, turning CBD into it.” In addition to its conversion from CBD, it can also be created via conversion from Delta-9.

RELATED: Dr. Ethan Russo Endorses 1% THC Limit for Hemp

Delta-8 is psychoactive, Russo says, though he adds that more research is needed to better understand its effect on humans. “The ideal thing would be a head-to-head comparison of Delta-9 to Delta-8,” he says. “It has been the contention that it is similar to, but perhaps slightly less potent, than Delta-9.”

But there are potential safety concerns. As with Delta-9, Russo says, Delta-8 can cause issues such as toxic psychosis when consumed in large amounts. Poor quality control and fake product labels are other issues that can come up in the marketplace.

Legal Status

“There’s tons of this stuff being sold over the internet, and with the idea that it’s legal under the hemp bill [2018 Farm Bill],” Russo says of Delta-8-THC. “That is totally wrong.”

When asked if that’s because of language from the Drug Enforcement Administration (DEA) that states that tetrahydrocannabinols are illegal when synthetically produced from cannabis, he said, “Right, that’s true. Additionally, there is this nasty little law … called the [Federal] Analogue Act, which says, basically, if you’ve got a drug that’s chemically closely related to something that is Schedule I, … it’s Schedule I and illegal as well.”

Russo is urging the industry be cautious about Delta-8. “People are basically trying to drive a Mack Truck through a rathole with this kind of thing, and it’s pretty much no holds barred until somebody gets busted,” he says. “It’s not [something] I’m really pleased about, particularly since science doesn’t [present] all the knowledge we should have about this. And that’s the government’s fault, too; if there hadn’t been these roadblocks to research for decades, we wouldn’t be having to answer these questions.”

RELATED: U.S. Hemp Roundtable Warns Against Marketing Psychoactive Properties of Delta-8

Photo courtesy of Trulieve

Alex Buscher, founder of Buscher Law in Denver, said he believes the DEA’s interim final rule (IFR) on “marihuana,” which addresses the implementation of the 2018 Farm Bill and “synthetically derived tetrahydrocannabinols,” should be struck down as invalid.

He points out that the DEA states in the IFR that “synthetically derived tetrahydrocannabinols” are Schedule I substances; however, the 2018 Farm Bill explicitly excludes “tetrahydrocannabinols in hemp” from Schedule I. 

“But they didn’t define ‘synthetic,’ and they don’t actually have a definition of ‘synthetic’ in the Controlled Substances Act,” Buscher says. Much of the Delta-8 on the market is converted in a lab from the CBD of hemp that’s legally grown with less than 0.3% THC.

The DEA’s definition of “synthetically derived tetrahydrocannabinols” could be interpreted to include Delta-8 made from isomerized CBD, Buscher says. Delta-8 isn’t mentioned by name in the 2018 Farm Bill, the DEA’s IFR or the Controlled Substances Act.

“The IFR also conflicts with DEA and DOJ’s [Department of Justice] prior interpretations of ‘synthetic cannabinoids,’” Buscher says. “A DEA agent is on record explaining that ‘“synthetic cannabinoids” are “designer drugs” developed from a nonorganic source and intended to produce effects similar to THC, the active ingredient in marijuana.’”

Buscher also points to a National Institute on Drug Abuse document on the DOJ’s site that says “synthetic cannabinoids” are “man-made” and sometimes “sprayed on dried, shredded plant material.” The document mentions “Spice,” “K2” and other products that mimic cannabis’ effects but “may affect the brain much more powerfully than marijuana.” (Russo says these synthetic substances are “full agonists” at CB1 receptors in humans’ endocannabinoid systems and “are nothing like THC or cannabis.”)

A case addressing the DEA’s IFR is currently moving through the U.S. Court of Appeals for the District of Columbia Circuit. As Hemp Grower previously reported, the Hemp Industries Association (HIA) and RE Botanicals of Conway, S.C., sued the DEA over the agency’s IFR in September 2020, stating that the DEA skirted legal procedure, overstepped its regulatory authority and did not act “in accordance with law” when it issued the rule. Buscher says he supports the legal challenge.

A court ruling in favor of the HIA and RE Botanicals could provide some security for plant-touching businesses dealing with Delta-8, Buscher says, but until then, dealing with the cannabinoid could land them in hot water.

“[A]s an attorney, I have to tell my clients it’s not without risk because the DEA rule is essentially raid first and fight you in court later,” Buscher says.

He adds that many states have deemed tetrahydrocannabinols Schedule I substances, and that extends to Delta-8. “A lot of states don’t even have a hemp definition constitutionally, or even a hemp definition that exempts hemp from marijuana,” Buscher says.

Delta-8 VS. Other Cannabinoids

Warrender says he wouldn’t classify Delta-8 as an alternative for other cannabinoids, as they can all produce different effects.

© credit | website.com

“Delta-8 is a THC compound; however, it’s chemically different than Delta-9,” Warrender says. “Delta-8 doesn’t have nearly as many psychoactive properties, so you don’t get a heavy high where you’re anxious or can’t quite function at your highest potentials.” 

Some of the common side effects of Delta-9 THC like head fog, anxiety or paranoia, cottonmouth or red eyes seem to not be common with Delta-8, he says. Instead, he says many consumers have reported to have a clear mind and feel relaxed after consuming Delta-8.

“Delta-8 does have some euphoric uplifting values, where you’ll feel it, and that is something that differentiates it from [cannabinoids such as] CBD,” he says. “Those have more of an effect where when you take them, it doesn’t give you an instant feeling, but Delta-8 can give you an instant feeling of relief.”

However, like Delta-9, he says consumers reported to experience a heavier, more intense feeling when consuming Delta-8 infused edibles versus smoking flower or vape, due to how the body metabolizes it.

While he suggests some of these cannabinoids can be paired together, like Delta-8 and CBD, it ultimately depends on the consumers’ needs, expectations and why they are taking a certain product.

“CBD, for example, doesn’t have as many effects, but I’ve gotten a lot of reviews from consumers that say isolated CBD helps for sleep or pain management,” he said. “But others that are looking to have a calming and immediate effect, almost like a refresh, say Delta-8 is a great cannabinoid to use during the day or even at night. So, that’s where all these different cannabinoids come into place.”

This is a story about heat and pressure.

And cannabis.

Centuries ago, the original cannabis concentrates were made using hand-pressed hashes, with communities on the Indian subcontinent using their hands to make charas. To use modern lingo, these were solventless concentrates, not all that different from products that consumers are finding on dispensary shelves today.

“The origins of solventless go all the way back to the beginning of when hash was first discovered,” Eric Vlosky, PurePressure’s director of marketing and business development, says.

In the 1980s and ‘90s, bubble hash had a moment in traditional cannabis markets before butane extraction gained a certain prominence in the 2000s and into the 2010s. In 2014, Phil “SoilGrown” Salazar used his girlfriend’s hair straightener to squeeze a cannabis bud and noticed an enticing oil spilling out. Here we have the creation of modern rosin. The solventless extraction industry has grown steadily ever since.

Courtesy of PurePressure

In 2015, PurePressure was formed to address this new demand. Co-founders Josh Rutherford and Ben Britton worked together to engineer a better press than what was on the market at the time (mostly repurposed T-shirt presses). The original prototype worked exceedingly well, and the company was off to the races.

So, what is solventless extraction?

As Vlosky explains the process, heat and pressure are integral to preserving the quality of the plant material—often fresh-frozen cannabis flower, dry sift or a freshly washed ice water hash. The resulting live rosin offers a distinct and pure expression of that original plant material in a more concentrated form. Whereas solvent-based extraction methods involve chemical dissolution, solventless extraction is essentially a mechanical separation process. Processors are removing trichomes from the plant material and working to keep them intact in the solventless world.

The end products include live rosins, diamonds, shatter, wax, budder, sugar, sauce, oil: Much of the same categories that can be produced in a solvent-based process, but with the essence of the plant material kept in place. Live rosin, for instance, is differentiated from live resin by this very process. And, bear in mind, product innovation is happening at a rapid pace now, so this is an ever-changing landscape within the broader cannabis market.

Eric Simpson @simpsonsolventless

Flower rosin is another segment of this category, a more budget-friendly option for experimenting with solventless—one that may involve more organic plant matter on the front end.

More popular inputs include dry sift and ice water hash. Ideally, plant material is fresh-frozen before being used as a solventless starting point; this preserves the very nature of the cultivar that’s being directed into a concentrated product.

Photo courtesy of PurePressure

“The reason most great rosins are made with live product, meaning fresh frozen, which is then washed, is because it really preserves more of the volatile terpenes, the monoterpenes, the sesquiterpenes,” Vlosky says.

This—the live rosin origin story for the modern processor—is the key to the rise in solventless extraction.

The “rosin” nomenclature is important, because there’s not yet a regulatory agency that oversees these distinctions, per se. Whereas live resin comes from hydrocarbon extraction processes using fresh frozen plant material, live rosin denotes a solventless end product. “Resin” is a bit of a catch-all term, to an extent, but “rosin” clearly applies to solventless extraction methods: heat and pressure achieving the original expression of each cannabis plant’s flowers.

It’s a market segment that’s gaining traction across the U.S., primarily because solventless extraction retains the clearest presentation of the original plant material in its many final forms. The live rosin product category is honed and marketed for the cannabis connoisseur, but now many consumers who are looking for a higher quality experience are starting to gravitate to solventless products as well.

While newer cannabis markets might initially open to great fanfare within the flower segment, consumer education tends to dial in more nuanced preferences for cannabis consumption—leading many to seek out the lively terpene expressions and flavors of solventless products.

It all goes back to the careful preservation of the cannabis plant’s natural resins.

“When you’re applying heat and pressure to trichomes, which are these very small, delicate little structures, the cell wall and the trichome head and stalk ruptures,” Vlosky says. “The heat is what helps liquefy that oil to a point that, combined with pressure and a filtration medium, since it’s pressed in a bag or in a stainless steel wrap, extrudes and presses the oil through the filter, giving you the pure expression of the plant. It’s leaving a lot of the organic plant material behind, like the husks of the trichomes and any other residual plant material.”

WATCH: Click here for a video of rosin being pressed on a PurePressure press.

To get it right, rosin presses should include rectangular heat plates. A square isn’t ideal, because that shape creates less perimeter space for the rosin to “exit” the press—meaning, in the end, less yield from the plant. There are several variables in play here, but PurePressure encourages using a rectangular bag on a rectangular heat plate to ensure that the perimeter is used most efficiently.

“You want to reduce that distance [from the center of the plate] as much as you can, and there’s a bit of a balance there,” Vlosky says.

Ultimately, it’s both science and art. Finesse is a critical part of the actual pressing process.

The bottleneck, to the extent that producers watch out for one, is not with rosin presses, but rather with source material production itself. How much hash or sift can your produce? Most operators find that one or two presses gets the job done, though there are certainly businesses running six or even eight presses every day.

PurePressure has designed its equipment to more easily navigate the learning curve. The company’s rosin presses include touch-screen feedback mechanisms to convey how long you’re pressing and how much force you’re applying. The presses are loaded up with established recipes (and room to save your own for later reference). That’s another key: The savvy operator will want to track and record all measurements—input and output—to ensure that the highest-quality yields are emerging from this process. Then it’s easier to scale and figure out if it fits into your business model.

Because the solventless process retains the plant’s true expression, this isn’t a situation where plant material can be remediated. If the plant material has issues on the front end, those will be picked up on the back end.

“What goes in absolutely comes out with solventless,” Vlosky says.

This is a story about heat and pressure.

And cannabis.

Centuries ago, the original cannabis concentrates were made using hand-pressed hashes, with communities on the Indian subcontinent using their hands to make charas. To use modern lingo, these were solventless concentrates, not all that different from products that consumers are finding on dispensary shelves today.

“The origins of solventless go all the way back to the beginning of when hash was first discovered,” Eric Vlosky, PurePressure’s director of marketing and business development, says.

In the 1980s and ‘90s, bubble hash had a moment in traditional cannabis markets before butane extraction gained a certain prominence in the 2000s and into the 2010s. In 2014, Phil “SoilGrown” Salazar used his girlfriend’s hair straightener to squeeze a cannabis bud and noticed an enticing oil spilling out. Here we have the creation of modern rosin. The solventless extraction industry has grown steadily ever since.

Courtesy of PurePressure

In 2015, PurePressure was formed to address this new demand. Co-founders Josh Rutherford and Ben Britton worked together to engineer a better press than what was on the market at the time (mostly repurposed T-shirt presses). The original prototype worked exceedingly well, and the company was off to the races.

So, what is solventless extraction?

As Vlosky explains the process, heat and pressure are integral to preserving the quality of the plant material—often fresh-frozen cannabis flower, dry sift or a freshly washed ice water hash. The resulting live rosin offers a distinct and pure expression of that original plant material in a more concentrated form. Whereas solvent-based extraction methods involve chemical dissolution, solventless extraction is essentially a mechanical separation process. Processors are removing trichomes from the plant material and working to keep them intact in the solventless world.

The end products include live rosins, diamonds, shatter, wax, budder, sugar, sauce, oil: Much of the same categories that can be produced in a solvent-based process, but with the essence of the plant material kept in place. Live rosin, for instance, is differentiated from live resin by this very process. And, bear in mind, product innovation is happening at a rapid pace now, so this is an ever-changing landscape within the broader cannabis market.

Eric Simpson @simpsonsolventless

Flower rosin is another segment of this category, a more budget-friendly option for experimenting with solventless—one that may involve more organic plant matter on the front end.

More popular inputs include dry sift and ice water hash. Ideally, plant material is fresh-frozen before being used as a solventless starting point; this preserves the very nature of the cultivar that’s being directed into a concentrated product.

Photo courtesy of PurePressure

“The reason most great rosins are made with live product, meaning fresh frozen, which is then washed, is because it really preserves more of the volatile terpenes, the monoterpenes, the sesquiterpenes,” Vlosky says.

This—the live rosin origin story for the modern processor—is the key to the rise in solventless extraction.

The “rosin” nomenclature is important, because there’s not yet a regulatory agency that oversees these distinctions, per se. Whereas live resin comes from hydrocarbon extraction processes using fresh frozen plant material, live rosin denotes a solventless end product. “Resin” is a bit of a catch-all term, to an extent, but “rosin” clearly applies to solventless extraction methods: heat and pressure achieving the original expression of each cannabis plant’s flowers.

It’s a market segment that’s gaining traction across the U.S., primarily because solventless extraction retains the clearest presentation of the original plant material in its many final forms. The live rosin product category is honed and marketed for the cannabis connoisseur, but now many consumers who are looking for a higher quality experience are starting to gravitate to solventless products as well.

While newer cannabis markets might initially open to great fanfare within the flower segment, consumer education tends to dial in more nuanced preferences for cannabis consumption—leading many to seek out the lively terpene expressions and flavors of solventless products.

It all goes back to the careful preservation of the cannabis plant’s natural resins.

“When you’re applying heat and pressure to trichomes, which are these very small, delicate little structures, the cell wall and the trichome head and stalk ruptures,” Vlosky says. “The heat is what helps liquefy that oil to a point that, combined with pressure and a filtration medium, since it’s pressed in a bag or in a stainless steel wrap, extrudes and presses the oil through the filter, giving you the pure expression of the plant. It’s leaving a lot of the organic plant material behind, like the husks of the trichomes and any other residual plant material.”

WATCH: Click here for a video of rosin being pressed on a PurePressure press.

To get it right, rosin presses should include rectangular heat plates. A square isn’t ideal, because that shape creates less perimeter space for the rosin to “exit” the press—meaning, in the end, less yield from the plant. There are several variables in play here, but PurePressure encourages using a rectangular bag on a rectangular heat plate to ensure that the perimeter is used most efficiently.

“You want to reduce that distance [from the center of the plate] as much as you can, and there’s a bit of a balance there,” Vlosky says.

Ultimately, it’s both science and art. Finesse is a critical part of the actual pressing process.

The bottleneck, to the extent that producers watch out for one, is not with rosin presses, but rather with source material production itself. How much hash or sift can your produce? Most operators find that one or two presses gets the job done, though there are certainly businesses running six or even eight presses every day.

PurePressure has designed its equipment to more easily navigate the learning curve. The company’s rosin presses include touch-screen feedback mechanisms to convey how long you’re pressing and how much force you’re applying. The presses are loaded up with established recipes (and room to save your own for later reference). That’s another key: The savvy operator will want to track and record all measurements—input and output—to ensure that the highest-quality yields are emerging from this process. Then it’s easier to scale and figure out if it fits into your business model.

Because the solventless process retains the plant’s true expression, this isn’t a situation where plant material can be remediated. If the plant material has issues on the front end, those will be picked up on the back end.

“What goes in absolutely comes out with solventless,” Vlosky says.