March 9th–March 15th, 2023 phoenixnewtimes.com phoenix new Times State Licensed Dispensaries & Doctor Cer tifications 47 ‘Just a Turf War’ A fight over regulating hemp and delta-8 unfolds in the Arizona Senate. BY O’HARA SHIPE T wo bills in the Arizona Senate – SB 1453 and SB 1271 – high- light the ongoing battle over how to regulate industrial hemp and its potentially intoxicating byproducts such as delta-8 edibles. Sponsored by Republican Senator Thomas Shope, SB 1453 would prohibit a person from producing or selling products that contain delta-8 THC without a medical or recreational dispensary license. SB 1271, Republican Senate Majority Leader Sonny Borrelli’s response to SB 1453, would keep the regulation of all hemp-derived products under the purview of the Arizona Department of Agriculture. Delta-8 THC is one of more than 100 naturally occurring cannabinoids found in the cannabis sativa plant, of which mari- juana and hemp are two varieties. While delta-8 THC is known to have psychoac- tive properties, the cannabis sativa plant only produces it in small quantities, so it is typically manufactured in concentrated amounts from hemp-derived CBD. Currently, CBD products are regulated under the state agriculture department’s Industrial Hemp Program, which says hemp crops cannot exceed a 0.3 percent THC concentration by volume. However, the program does not regulate the byprod- ucts of hemp crops, such as delta-8 gummies. “The issue that we’re seeing in the real world is that because delta-8 is technically not illegal, there’s a lack of regulation,” Stephen Dudley, director of the Arizona Poison and Drug Information Center, said during a Senate Health and Human Services Committee hearing on SB 1453 on February 14. Dudley claimed that independent testing uncovered commercially available delta-8 products with high concentrations of THC. Borrelli challenged that conclu- sion. “I’ve been in the trenches with the hemp program, and this is the first time I’m hearing that there’s a hemp product with THC levels that are illegal in Arizona. Bring me proof, and we can talk about it,” Borrelli said. Borrelli also dismissed other industry experts, including Pele Fischer, who spoke on behalf of the Arizona Dispensary Association. “This is just a turf war, but go ahead and speak,” Borrelli said prior to Fischer’s testimony. Fischer — the principal of Peacock Legal, a Phoenix-based government affairs and legal consulting firm — said that SB 1453 addresses synthetic byproducts of hemp-derived products, not the regulation of crops. “What we’re talking about in this bill is a public health crisis,” Fischer responded. “This isn’t a turf battle.” Sully Sullivan, executive director of the Hemp Industry Trade Association of Arizona, opposed the bill. Although he acknowledged that delta-8 needs to be regulated, he suggested that it should be done by the state agriculture department. “We can have a thriving industry in Arizona for hemp that can bring in more tax dollars and have more farmers and more small businesses and more jobs,” Sullivan said. The bill was shot down in a 4-3 vote. Borrelli hasn’t just been leading the charge against SB 1453, he’s also been pushing for SB 1271, which would keep the regulation of industrial hemp with the state agriculture department. On February 9, Borrelli introduced SB 1271 at the Senate Natural Resources, Energy and Water Committee waving a spool of hemp rope and spouting his favorite catchphrase, “rope not dope.” Borrelli insisted during his testimony that hemp is derived from the cannabis sativa plant but does not have the same psychoactive properties as marijuana. “Hemp is part of the cannabis family but it is not the intoxicant that a lot of folks like to go for,” Borrelli said. SB 1271 does not address the claims of some cannabis industry insiders that there are currently commercially available hemp-derived products that contain high levels of delta-8. But the bill does mention testing for delta-9, the naturally occurring cannabinoid in the cannabis sativa plant. The bill also removes the requirements for a licensed grower to notify the state agriculture department of the sale or distribution of industrial hemp. “Our bill is a small business bill, and a pro-jobs bill, and a pro-farmer bill that if passed, would help energize the hemp industry in Arizona which has been pretty fractured,” Sullivan said at the hearing. The committee passed the bill 7-0. It passed the Senate 29-0 on February 20. | CANNABIS | experts, including Pele Fischer, who spoke on behalf of the Arizona Dispensary Association. “This is just a CANNABIS | Senator Sonny Borrelli illustrates “rope not dope” catchphrase. Arizo na S e nat e
