Consumers with no access to recreational marijuana have flocked to hemp-derived Delta-8 products. Delta-8 Sprayed Flower, gummies, drinks, and other products have become common in CBD shops, smoke shops, and vape stores across the country, and consumer demand is just getting started.
The rapid growth of the Delta-8 market, however, has been met with equally swift bans in several states, and more states are joining that list daily. As Delta-8 sits in a legal gray area, retailers are taking risks by selling these products to consumers, but with the enormous demand, the risk has been worth the reward… so far.
Store Owners Are Getting Nervous
Some states have taken enforcement actions against retailers already, and more store owners are growing concerned over possible raids. Jay Barrios of No Cap Hemp Co said, “This is nerve-racking. We have lawyers working around the clock. Even then, I still lose sleep at night.”
A New Solution Enters the Market
With Delta-8 appearing to have a shorter future than the industry had hoped, one company decided to create a product that meets the same consumer demand, and the solution may come as a shock.
Trojan Horse Cannabis, a product manufacturer out of Colorado, has developed hemp-derived, CBD products with a twist: a significant amount of Delta-9 THC.
Deciding to double-down on the nature of full spectrum hemp, Trojan Horse launched four products within the last year: a drink mix, a boutique pâte de fruit, a traditional gummy, and a tincture.
The amount of Delta-9 THC compares directly to that of a recreational dispensary (the gummies, for example, have 10 milligrams of Delta 9 THC each), but these products can be bought online and sold in all retail stores where CBD products are legal.
The Legal Landscape
While all of these products have significant Delta-9 THC, they are all still federally legal and defined as hemp products. This is possible due to how the Agricultural Marketing Act of 1946 defines hemp and hemp derivatives:
Ҥ1639o. Definitions
In this subchapter:
(1) Hemp
The term “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
Checking the COAs, each product comes in well under the 0.3% requirement. In actuality, the Trojan Horse approach isn’t any different than normal full spectrum products. “Our products are just like any other full spectrum CBD product on the market, with the key difference being that we intentionally formulate to the THC milligram, whereas most products are formulated to the CBD milligram,” says Chris Fontes, CEO and Founder of Trojan Horse Cannabis.
Being under the 0.3% Delta-9 THC limit, these products are legal to sell in CBD shops as well as online, and can even be shipped via USPS or any other common carrier that ships CBD products.
Additionally, Trojan Horse doesn’t use any cannabinoids that could be construed as synthetic. When asked about their input material, Fontes was happy to answer. “All of our hemp products are made from extract only. There’s nothing synthetic, isomerized, or otherwise catalyzed to create what we use. It’s just good old fashioned hemp extract.”
The Next Big Thing?
Fontes feels they are on the forefront of the next big thing in hemp. “With the unknowns surrounding Delta-8, the industry needs stable products that can fill the impending vacuum that Delta-8 bans are creating. Our products are not in the same legal gray area, and in truth, are simply maximizing the benefit of a full spectrum product,” says Fontes.
Trojan Horse products are available in retail stores, online, and even via bulk, white label, and private label options.
Fontes says, “Delta-8 was a shot in the arm for farmers, processors, and every other part of the supply chain. With our Delta-9 products, we want to bring a more permanent solution to the industry; we want to be a part of the hemp success story.”
It’s an exciting time to be part of the cannabis industry with constant innovation driving new markets, new products, and new services. While most folks are waiting for federal marijuana legalization (or at least decriminalization), the reality is there is no need to wait.
With products like those Trojan Horse is creating, consumers can already purchase Delta-9 THC (the same molecule that has made cannabis popular with human beings since recorded history) online as well as in local stores.
Trojan Horse Cannabis has additional products in the final stages of R&D today and expects to launch several more Delta-9 products soon.