Council members urge legislative action on unregulated Delta-8 and cannabinoid products sold outside licensed dispensaries

Council members raised concerns that Delta-8 and similar cannabinoid products sold outside licensed dispensaries are unregulated locally and pose risks to patients while diverting revenue from licensed dispensaries.

Council member Katie Veil said she is "concerned about the sale of cannabis products outside of dispensary because most of them they're all unregulated and the dangers that can bring to patients." She added that many of those sellers do not go through OMMA licensing and that such sales "takes away from our dispensaries."

Executive Director Berry replied that OMMAfs statutory authority specifically covers delta-9 THC, and that products outside that definition fall under other statutes such as the Industrial Hemp Act or the Controlled Dangerous Substances Act, making enforcement principally a law-enforcement issue. "We have spoken with law enforcement, on all levels," Berry said, noting the issue is a patchwork across states and that the legislature may need to clarify authority.

An attendee representing dispensaries said internal projections estimate these products could cost licensed dispensaries roughly 25% of revenue this year. Council members asked OMMA to share the councilfs concerns with legislators; Director Berry said staff will do so.

The council discussed options including regulation or bans used by other states, but OMMA staff reminded members the agency cannot unilaterally expand its authority without legislative change.