Delta-8-THC - Is It Legal?
While it's illegal to produce and sell delta-8-THC, the substance is often found in cannabis products. The drug is still classified as a Schedule I controlled substance and is available in the market in different forms, such as hemp-derived cannabidiol and edibles. The Buffalo-based Bison Botanics teamed up with the Krugers to reach delta-8-THC users. Together, the companies developed a survey, asking respondents about their experiences with the drug and the difference between delta-9 and delta-8. Approximately 521 respondents from 38 states responded to the survey. Two-thirds of them ingest delta-8-THC via edibles.
Phytocannabinoid cannabidiol (THC) delta-8 is a synthetic version of THC. Its chemical structure is different from that of THC, producing a milder high. It is also less potent than THC delta-9 and lacks regulation. As such, it is difficult to determine its precise potency and benefits.
The cannabinoid is considered non-intoxicating and has a wide range of potential medical applications. It has antinociceptive properties in rodents and has been shown to inhibit amygdala activation during negative emotional processing. It modulates serotonin and dopamine, making it a potentially effective treatment for chronic pain. Its minimally psychoactive nature, lack of diversion and limited misuse risk make it a particularly attractive option for chronic pain patients.
As more cannabis-based products become available on the market, consumers will need to know the difference between Delta-8 THC and CBD. Both are cannabinoids found in marijuana but at lower concentrations. While Delta-8 THC is a lesser-known cannabinoid than CBD, it still causes a high, and consumers should exercise caution when consuming these products.
While hemp is not illegal to grow, it is still not legal for recreational use in most states. It is not even legal in all 50 states. However, in several states, such as Tennessee, hemp is grown for its CBD content, which is less than 0.3% THC. Meanwhile, Delta-8 contains about one-sixth the amount of THC that is found in marijuana. The two types of CBD and THC are legally available in vaporizers, syrups, and gummies. Although the latter is the more common form of CBD, they are not legally recognized as legal, medical cannabis.
The legality of Hemp-derived delta-8-THC has been questioned in the state of Texas, where it has been classified as a schedule I controlled substance, subject to hefty fines and jail time. While the ruling was a victory for American Shaman, it has sparked another legal battle. The Texas legislature has attempted to ban delta-8 THC because it was considered a Schedule I drug, and the plaintiffs in the lawsuit, Sky Marketing Corporation, have filed a lawsuit in Travis County, arguing that the product is legal.
The 2018 Farm Bill didn't specifically address Delta-8-THC, so its legality in most states remains unclear. But delta-8-THC skyrocketed in popularity in late 2020. It has since garnered the attention of marijuana processors and consumers alike. By early 2021, it's expected to reach mainstream consumption levels, with most states allowing its production. In the meantime, consumers and businesses alike must learn more about delta-8-THC.