WESH 2 investigates controversy surrounding new hemp product, 'Delta 8' THC Share Updated: 12:18 AM EDT May 6, 2021 WESH 2 investigates controversy surrounding new hemp product, 'Delta 8' THC Share Updated: 12:18 AM EDT May 6, 2021 Hide Transcript Show Transcript SUMMER: TONIGHT, A NEW HEMP PRODUCT IS CAUSING A STIR IN THE INDUSTRY. STEWART: IT’S CALLED DELTA EIGHT THC. IT’S MADE FROM HEMP BUT GIVES USERS A FEELING OF BEING HIGH, SIMILAR TO MARIJUANA. WESH 2’S KELSI THORUD TAKES A CLOSER LOOK AT THE PRODUCT AND THE CONTROVERSY SURROUNDING IT. KELSI: MOST PEOPLE KNOW HEMP AS THE LESS POTENT AND FEDERALLY LEGAL COUSIN OF MARIJUAN IN RECENT YEARS, CBD PRODUCTS MADE FROM HEMP HAVE BECOME POPULAR AMONG PEOPLE LOOKING FOR HELP IN MANAGING ANYTHING FROM PAIN TO ANXIETY. BUT A NEW HEMP PRODUCT KNOWN AS DELTA8 THC IS TAKING THE INDUSTRY BY STORM, AND CAUSING SOME CONTROVERSY ALONG THE WAY. >> THEY SAID, THIS IS A NEW PRODUCT WE’VE GOT. WOULD YOU BE INTERESTED? KELSI: DERRICK MARSHALL AND LEAH BAIR OWN SPACE COAST CBD IN CAPE CANAVERAL. THEY ONLY RECENTLY STARTED SELLING DELTA 8 AND SAY IT’S BEEN FLYING OFF THE SHELVES EVER SINCE. >> I’VE HAD PEOPLE THANK US FOR HAVING IT, FOR BEING HERE. WE’VE EVEN HAD CUSTOMERS LITERALLY BRING US FLOWERS. KELSI: DELTA 8 DIFFERS FROM CBD IN THAT IT DOES CAUSE A FEELING OF BEING HIGH. BUT BECAUSE IT IS MADE FROM HEMP, AND NOT MARIJUANA, IT’S PERFECTLY LEGAL. >> MOLECULARLY, THEY’RE ALMOST IDENTICAL. KELSI: CHRIS KIMLEY RUNS MELLOW HEMP FARMS IN NORTH CAROLINA. HIS COMPANY MAKES DELTA 8 AND SHIPS IT TO STORES ACROSS THE COUNTRY. >> WE’RE ABLE TO REACH THOSE PEOPLE IN THE NON-LEGAL STATES LIKE NORTH CAROLINA THAT DON’T HAVE ACCESS TO MARIJUANA. KELSI: HE SAYS BUSINESS FOR DELTA 8 HAS SKYROCKETED SINCE THE BEGINNING OF THE YEAR AS MORE AND MORE PEOPLE LEARNED WHAT IT IS. >> EVERY DAY I MEET SOMEBODY THAT DIDN’T KNOW ABOUT DELTA 8. KELSI: BUT WITH INCREASED VISIBILITY COMES INCREASED SCRUTINY. >> IT’S THE NEXT WAY TO STONE AMERICA. KELSI: CRITICS OF DELTA 8, LIKE POLK COUNTY SHERIFF GRADY JUDD, SAY THE PRODUCT SKIRTS AROUND FEDERAL DRUG LAWS BUT IS ESSENTIALLY THE SAME AS MARIJUANA. >> QUITE FRANKLY, ALL YOU HAVE TO DO IS SMOKE MORE OF IT TO HAVE THE SAME EXACT EFFECT OF MARIJUANA, OR THC 9. KELSI: MANY CRITICS SAY THAT SINCE DELTA 8 CONTAINS THC AND CAN MAKE SOMEONE FAIL A DRUG TEST, IT SHOULD BE TREATED JUST LIKE MARIJUANA. >> I WOULD CONTEND, AS DO MOST OF MY COLLEAGUES AND MOST OF THE HEMP INDUSTRY, THAT THIS IS JUST A HEMP DERIVATIVE. KELSI: ROD KIGHT IS AN ATTORNEY WHO REPRESENTS SEVERAL HEMP BUSINESSES. HE TOLD ME EVEN WITH THE INCREASED CRITICISM OF DELTA 8 OVER THE PAST FEW MONTHS, HE DOESN’T BELIEVE THE FEDERAL GOVERNMENT IS GOING TO TAKE MUCH ACTION ANYTIME SOON. HE BELIEVES THE REAL BATTLE WILL COME AT THE STATE LEVEL. >> I THINK WE ARE GOING TO SEE A LOT OF ACTION ON A STATE BY STATE LEVEL. IN FACT, WE’LL PROBABLY HAVE A PATCHWORK OF STATE LAWS BEFORE WE HAVE A FEDERAL LAW. KELSI: THE DEA SAYS IT IS CURRENTLY IN THE RULE MAKING PROCESS OF THE 2018 FARM BILL WHICH MADE HEMP PRODUCTS FEDERALLY LEGAL. BUT A SPOKESPERSON WITH THE AGENCY SAID THEY COULD NOT COMMENT ON DELTA 8 SPECIFICALLY. IN THE MEANTIME, AS THE LEGALITY OF DELTA 8 STILL REMAINS CONTROVERSIAL, FOLKS LIKE DERRICK MARSHALL AND LEAH BAIR SAY THEY’RE JUST GOING TO KEEP DOING WHAT THEY’RE DOING. >> REALISTICALLY THERE’S NOTHING WRONG WITH IT. IF IT’S HELPING PEOPLE, I MEAN, I DON’T HAVE AN ISSUE WITH THAT. KELSI: IN BREVARD COUNTY, KELSI THORUD, WESH 2