This table that holds the legality of Delta-8 is a very sensitive one, surrounded with much buzz. So you need to stay really, very close…
Delta-8 is fast becoming a favorite among users of hemp products largely because it is considered a better substitute to Delta-9-THC. Most users have confirmed that Delta-8 gives them the same “high” effect as the Delta-9 but not with the same lows.
As Delta-8 continues to make waves in the market, a lot of questions surrounding its legal status have been raised. Later, you will get to know the legal status of Delta-8 so that you can be in a safe position as you catch your fun.
To talk about the legality of Delta-8, it would help to draw a line between marijuana and hemp, then look at some necessary information that every user should have at their fingertips. It makes more sense to know a little about what you intend to use often, don’t you think so?
Marijuana vs. Hemp
It is almost a norm to have people use marijuana and hemp interchangeably. Some persons use these products without knowing that they are different terms and have varying effects on the body. The fun is still the same, but how high each of them will get you makes the difference, mainly because of their content.
You see, the cannabis plant contains broad species of extracts. You can derive “whatever” from this plant. The effect is based on what you have extracted and how it was extracted.
The difference between hemp and marijuana is the amount of THC content in a cannabis plant. For the sake of knowledge, you can say hemp is used to classify strains or different cannabis that contain 0.3% or less THC content. Marijuana is generally used to classify strains or species of cannabis that contain more than 0.3% THC content. The cannabis plant termed marijuana has about 30% THC content and often causes psychoactive reactions when it is taken.
What is Delta-8
Delta-8-THC is one of the compounds that are naturally present in the marijuana plant. It is closely related to the high causing Delta-9-THC or THC. The difference is that Delta-8 does not leave you stoned or have the same side effect as THC. Delta-8 does not come in abundance; it appears in wee bits. Delta-8 is the product of delta-9-THC’s oxidization. After the oxidization process, some of the delta-9-THC is converted into delta-8-THC. So basically, you can say that Delta-8 is chemically derived in a lab. While a large concentration is found in the Delta-9 plant, Delta-8 has less than 0.1 percent in hemp flowers.
The Conversion Process
The extract from the conversion process is made into a concentrate, and then it is infused into different consumption forms. That means you can smoke it or however medium you choose to have your fun. The most important thing about playing with Delta-8 is that it does not give you that fuzzy feeling you get from Delta-9.
Different Results
Usually, after taking Delta-9, you get really stoned, followed by anxiety. You may begin to feel hazy. More like you are high and anxious at the same time. But with Delta-8, you get high, but there is no anxiety or paranoia. You can go about your regular day without sounding weird or under the influence of a substance. Now, that sounds better than feeling knocked?
Regular users of Delta-8 remarked that they can still be productive even when they are “uplifted,” or let’s make it obvious, even when they are high. Delta-8 gives more of a clear-headed high. Just like the CBD, Delta-8 interacts with the same CB-1 receptor. This means it does not produce a strong psychoactive reaction like Delta-9, making it almost more body-friendly than its “big brother,” Delta-9.
Although not medically proven, Delta-8 is said to have some medical benefits. It is said to help with nausea, appetite Alzheimer’s and has also been touted as an excellent regime to treat weight gain.
Benefits
Still, like earlier reported, all these benefits are not from official medical authorities. A bulk of what is known about Delta-8 is gotten from animal research, but hopefully, the recent spike in interest in Delta-8 will lead to more human-based research.
How it comes
Since Delta-8 comes in wee bit quantities, the compound is sometimes distilled into a thick liquid. Delta-8 makes its appearance in syringes and cartridges. You can also vaporize with a dab rig or weed pen. For those in the broad cannabis family who love something edible, Delta-8 can be taken orally.
Is Delta-8 legal?
To the buzz of the day!
Most of our friends in the cannabis community are a bit concerned about the legal status of our beloved Delta-8. Nobody wants to be engaged in doing something illegal or being chased around by cops for holding something contraband, so read on and discover how legal Delta-8 is.
To begin with, the legal status of Delta-8 is quite confusing and hazy. The alarming popularity of Delta-8 will most certainly have grabbed the attention of law enforcement agencies, so it is safe to know just how legal your little friend in a bottle is.
2018 Farm Bill
Various legal complexities are surrounding Delta-8. Looking at The Agriculture Improvement Act, popularly known as the 2018 Farm Bill, Delta-8 can be considered legal if derived from hemp. Under the 2018 Farm Bill, it is stated that hemp-derived cannabinoids are considered hemp and therefore are not controlled substances. A key part of the 2018 Farm Bill is the definition given to hemp. Hemp was defined as “the plant Cannabis sativa L. and any part of that plant with not more than 0.3% THC content. This plant includes the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a Delta-9 tetrahydrocannabinol concentration that is not more than 0.3% THC on a dry weight basis.”
The Safe Zone of Delta-8-THC
Defining hemp, the 2018 Farm Bill added hemp-derived Delta-8 THC as part of the hemp plant, and it excluded hemp-derived Delta-8-THC from the list of controlled substances.
As long as the Delta-9-THC concentration is not exceeding 0.3% on a dry-weight, you are in the safe zone according to the 2018 Farm Bill.
After the 2018 Farm Bill was passed, several wellness brands began selling CBD products, CBG products, and other hemp derivatives that comply with that law.
The Distinction
Derivatives of marijuana are not considered legal in the United States. Here is where the distinction is important. Your beloved Delta-8-THC products are absolutely legal when the ingredient is hemp-derived, and the product does not contain more than .3% Delta-9-THC. Buying from a reputable vendor will also ensure that you are using the correct product.
Another angle
Looking at things from another angle, the most cost-effective and common method to produce Delta-8 is to synthetically alter CBD into Delta-8. Most producers use this method to produce wholesale hemp, but this is an offense by federal law. If this continues, the new DEA law might soon mean that Delta-8 will become scarce in the market because it will be considered illegal. This is because its primary production method has been banned at the federal level.
An Attorney’s Take
Joseph Hoelscher, a founding member of the Texas Association of Cannabis Lawyers and longstanding member of the NORML Legal Committee, declared that to synthetically alter the CBD is a cost-effective method for manufacturers to produce wholesale Delta-8-THC, but this only exists in portions of many hemp plants. This process, though, is federally banned; Hoelscher believes that not many persons can scientifically prove how a sample of Delta-8-THC was sourced, and the law enforcement agencies are well aware of this and might start prosecuting such cases. Again, if this happens, it would put the market in a complicated situation.
What Does Drug Enforcement Say?
The new statement issued by the Drug Enforcement Administration on Delta-8-THC emphasizes that any synthetically-produced cannabinoid is illegal. Since Delta-8 does not come in natural abundance for commercial purposes, conversion of CBD to Delta-8 occurs. Cannabidiol or CBD is natural and not considered against federal law, but when it comes it Delta-8, since it involves a catalyst, the DEA considers it synthetically sourced.
A recent report revealed that the DEA is currently undergoing the rulemaking process regarding the implementation of the Agriculture Improvement Act of 2018 —which includes the scope of regulatory controls over marijuana, tetrahydrocannabinol, and other marijuana-related constituents.
It has been said that the DEA and the DOJ are in support of a wide range of research on the impacts of marijuana and its chemical constituents. Once this research is concluded, firmer comments will be expected.
Below is a list of some things contained in the DEA rule.
- Regardless of what any product label may say (i.e., “hemp” or otherwise), if a product has more than 0.3% Delta-9 THC, it is a controlled substance.
- Although it is derived from hemp, if the derivative, extract, or produce contains more than 0.3% Delta-9 THC, it is regarded as a controlled substance.
- The THCs in cannabis are not controlled substances if they do not exceed 0.3% Delta-9 THC. Any derivatives or products that are above 0.3% Delta-9 THC are considered controlled substances.
- Synthetically derived THCs are all controlled substances,
State Determines Status
Another good point to note is that Cannabis laws vary from state to state, and the same can be said of the legality of Delta-8. While in some states, it can be considered legal, others consider it illegal based on the laws of the state
In some states with more restrictive laws, Delta-8-THC may be considered illegal even when derived from hemp. There are also states where hemp-derived Delta-8-THC is legal.
Some states have different local regulatory laws that ban any and all hemp products (including CBD and, subsequently, Delta-8). These include Alaska, Arkansas, Delaware, Idaho, Iowa, Mississippi, Nebraska, Nevada, and Utah. So, if you live in these states, Delta-8 can be a no-go. You might have to consider moving to a more friendly climate to enjoy your new friend.
In some states, operators said that Delta-8 is given quite a free hand in the state and is considered legal based on the laws. Different cannabis distributors said they feared going into large scale distribution because they are worried that regulators in the state might poke their noses or even close them down. So far, Delta-8 is in high demand in such states, but everyone is advised to keep their fingers crossed.
Some states and their status
A brief list of some American States and how legal Delta-8 is in the state,
- Alabama: Delta-8-THC is legal according to Alabama state law. Like federal law, Alabama specifically legalized all derivatives, cannabinoids, and hemp isomers, including all tetrahydrocannabinol other than delta 9 THC.
- Alaska: Delta-8-THC is not legal according to Alaska state law.
- Arizona: Delta-8-THC is not legal according to Arizona state law.
- Arkansas: Delta-8-THC is not legal according to Arkansas state law.
- California: Delta-8-THC is likely legal according to California state law.
- Colorado: Delta-8-THC is legal according to Colorado state law.
- Connecticut: Delta-8-THC is legal according to Connecticut state law. Hemp-derived products are legalized in the state.
- Florida: Delta-8 is legalized in Florida according to Florida State law.
- New Jersey: Yes, it is legal, according to New Jersey state law
Out of fear, some top online markets for CBD products no longer carry Delta-8 products because most businesses are trying to survive the pandemic and avoid getting into legal troubles since it is not yet known what to term Delta-8 in terms of its legal status.
The Future Of Delta-8-Thc
While the DEA’s invasion is being anticipated, we can calm our nerves down by being hopeful that Delta-8 might also be legalized despite the many reasons not to think so.
Just a few years ago, no one thought that cannabis would be deemed legal in the States, but today, many states are given the go-ahead after much research into its numerous health benefits. Delta-8 does not lack in terms of benefits, so there is every reason to be positive. The outcome of the DEA’s proposed regulations will determine the market legitimacy of Delta-8 THC in the coming years; however, the fight for normalization has a strong case behind it. You may not be able to predict the future in this case. The more mainstream attention Delta-8 receives, the better the public awareness and possibly favorable decisions and rules.
Drug Test
Another frequently asked question within the cannabis-loving community is if someone can fail a drug test after using Delts-8. Sportsmen and people in other crafts who enjoy the comfort and ease given by Delta-8 have voiced their concern about the possibility of failing a drug test after feasting on Delta-8.
The answer is yes. While Delta-8 is enjoying a more friendly climate than Delta-9, it is possible to fail a drug test after using it. Although their reactions in the body differ, the drug test cannot distinguish between Delta-8 and Delta-9.
Drug tests do not test for specific THC types but rather THC metabolites, which means due to the close chemical resemblance between Delta-8 and Delta-9, the drug test will be unable to distinguish between both but will categorize them as the same. It is best to be informed of this before going for a drug test.
Final Thoughts
Delta-8 is fast becoming a big player in the cannabis market largely because of its milder effect on the body compared to Delta-9, which has a strong psychoactive effect once consumed. Delta-8 affords you the luxury of getting high but not stoned and also avoids the pitfalls of anxiety. This lack of emotional low in Delta-8 has made it a favorite amongst users. Much of what is known about Delta-8 are reviews from users. Little knowledge from medical authorities is yet to be seen, but it shows signs of something great. With the low rate of authorized information available, it is important to thread with care while using Delta-8. Be sure to verify the product you are getting and be sure to use it in states that have it legalized.
Play safe
Using Delta-8 in some states where it has been banned can be considered a criminal offense so it is safer to look out for the status of your state before using it or placing orders for it. You don’t want to find yourself in a legal situation or being charged by the state for breaking the law. That will not be good for your reputation, so you can avoid that by staying informed on the trends.
Stay Informed
While Delta-8 is booming in the cannabis industry, fingers are crossed regarding how long it will remain openly legal as the federal laws list its production method as banned. You should stay informed and also be moderate in your usage. Try to consult a Delta-8 inclined doctor before you begin your dosage.
Finally, if you have a drug test coming up soon, you should stay off from Delta-8 so your system can be cleaned. Otherwise, you might fail the test and probably miss some things you would have wanted. In the meantime, you can keep enjoying the best products available.
