The Farm Bill of 2018 has left the market in turmoil, with almost every shop flooding with CBD products. This is the non-psychoactive compound of cannabis—that does not make you ‘high.’ One such item that has gained more popularity than ever is the Delta 8 THC.
Wait, wasn’t THC illegal? Delta-9 THC (over 0.3%) has been banned for decades, and it remains so, but it is not the same with Delta 8 THC. Thanks to the Farm Bill 2018, every hemp-derived product is now legal, even cannabinoids.
That being said, there is another law that puts this matter in the grey area. According to the US Drug Enforcement Administration (DEA), it is still illegal as it is a Schedule 1 drug.
That still begs the question, is Delta-8 legal in the US or are all the shops selling this product federally illegal?
What Is Delta-8 THC?
To fully understand Delta-8 THC, you need to be clear about its composition.
Delta-8 THC is a cannabinoid found in the Cannabis Sativa plant—the producer of hemp and marijuana (thus the thin line). However, the difference between marijuana and hemp is that the former contains over 0.3% of Delta-9 THC.
This is the ingredient that gives you the ‘high’ feeling or the psychoactive effects. Therefore, though it is present in minute amounts in CBD products, it is still clearly illegal.
The hemp extract, on the other hand, has Delta-9 THC in quantities lower than 0.3%. The Delta-8 THC in question right now is derived from hemp, automatically having low Delta-9 content. Moreover, it does not create a frenzy in your head, instead, it makes you feel relaxed, proving a clear mind.
Therefore, you can rest assured that Delta-8 THC is perfectly safe to consume. Given you abide by the correct dosage limits and obtain this compound from a legit source.
Effects Of Delta-8 THC
Delta-8 THC can get you high, yes, but this is not the feeling of ecstasy you may get after consuming marijuana. Even the National Cancer Institute seconds the statement that Delta-8 is not as potent as its cousin Delta-9. Then what is all the hype about?
Delta-8 provides a mild high that helps uplift your senses. Furthermore, it causes added benefits to recreational users like combating anxiety, eliminating nausea, stimulating appetite, and aiding libido issues.
According to a study, Delta-8 proved useful in treating hematologic cancers and had minimal side effects. Furthermore, this compound may help relieve insomnia and body pain as well.
Therefore, if you wish to enjoy THC-like effects but relatively milder, Delta-8 THC is for you.
Is Delta-8 THC Legal?
To get to the root of its legality, you will have to first understand what gives it the tag of legal or illegal.
Any hemp-derived isomer or cannabinoid is legal, given its Delta-9 THC content is lower than 0.3%. According to this definition, Delta-8 THC is legal as per the Farm Bill. However, the DEA terms it as a Schedule 1 drug, resulting in all the confusion today.
Hemp is federally legal, and most states producing Delta-8 derive it from this legal hemp. This especially applies to the states where cannabis (containing over 0.3% Delta-9) is illegal.
To further add to the confusion, DEA released another Interim Final Rule (IFR). They actually released this document to state the difference between hemp and cannabis but only ended up complicating the matter.
According to this rule, every tetrahydrocannabinol (THC) derived synthetically remains under the category of Schedule 1 substances. In a nutshell, synthetically derived THC products remain illegal.
This leads to the major conflict between the Farm Bill and the IFR. Does Delta-8 stand legal as its Delta-9 THC content is lower than 0.3%, or is it illegal as it is synthetically derived? The answer is hazy. More so, as the IFR stands open to further discussion until October 2021, at least.
That being said, for some states, the matter is apparent. That is because the following 11 states clearly ban Delta-8 THC:
- Rhode Island
Therefore, if you belong to any of these states, consuming Delta-8 is clearly illegal for you. That is despite it being sold in government-approved shops and stations (if any). Also, you cannot relate Delta-8 with the legality of cannabis as it may be illegal in a few states that term cannabis legal.
How Is Delta-8 Manufactured?
Now that you are well aware of all the laws concerning Delta-8 THC, you are in a better position to judge its composition.
Most manufacturers extract CBD from the hemp plant (as it is legal) and further synthesize it to form Delta-8. Resultantly, this compound falls in the category of synthetically-derived compounds, making it illegal in the eyes of DEA.
That being said, detecting the manufacturing process of Delta-8 is almost impossible. It is a kind of loophole most Delta-8 companies are taking advantage of. So, does that make Delta-8 harmful for you?
Is Delta-8 Safe?
Delta-8 is safe to consume as far as you take it in limited quantities. Additionally, you must opt for only quality Delta-8 products to eliminate any adverse effects. Still, here are a few situations you need to consult a physician before consuming Delta-8:
- If you have a severe health condition
- In case you are taking prior medication
- If you are not tolerant to Delta-8 THC or any related substances
That being said, you can purchase Delta-8 responsibly by thoroughly checking the company background. Watch out for lab tests conducted by third-party labs published on the brand’s official website. Additionally, you can check out the customer reviews and pay attention to the customer service portals available.
Delta-8 THC is a safe product in terms of its Delta-9 THC content being below 0.3%. Plus, it is federally legal in the US as per the 2018 Farm Bill, except in the 11 states mentioned above. However, the DEA’s statement deeming this compound a Schedule 1 substance raises a big question on its legality.
Despite all the controversy, the good news for Delta-8 lovers is that DEA’s decision is not confirmed for another few months. Until then, you can legally purchase Delta-9 THC (as far as you do not belong to the 11 mentioned states).
Make sure to purchase and consume Delta-8 responsibly and enjoy its healing benefits!