Delta-8 THC and intoxicating hemp bans

“States banning delta-8 without corresponding hemp program reform are creating regulatory arbitrage that will collapse the moment federal hemp rules tighten. The litigation posture for banned delta-8 operators is defensible in some jurisdictions, but operators should be building exits — not digging in.”

— Robert Hoban, Hoban Law Group

“States banning delta-8 without corresponding hemp program reform are creating regulatory arbitrage that will collapse the moment federal hemp rules tighten. The litigation posture for banned delta-8 operators is defensible in some jurisdictions, but operators should be building exits — not digging in. I have counseled dozens of hemp companies through state-level bans and the pattern is consistent: early movers who pivot into compliant product lines or state-licensed cannabis markets come out ahead. Fighting the ban in court is expensive and the odds worsen each legislative session.”

— Robert Hoban, Hoban Law Group