Delta-8 THC is rapidly becoming the trendy, new cannabinoid product. Legality status is a problem.
written: 4/27/2021
Delta-8 is a cannabinoid compound with a similar structure to the common form of THC, known as delta-9 THC. Delta-8 is psychoactive and produces a euphoric and/or sedated high. For most people, consuming delta-8 produces a significantly less potent high than delta-9 THC.
Chemistry
The molecular structure of delta-8 is almost identical to delta-9. These molecules are isomers and differ in the location of double carbon bond on one of the six carbon rings on THC. Animal experiments demonstrate delta-8 binds the CB1 and CB2 receptors of the Endocannabinoid System. Delta-8 binds with less affinity than delta-9 THC.
Legality
The legality of delta-8 is fuzzy. It can be extracted from either hemp or cannabis. Thanks to the Farm Bill, hemp can be legally grown and used for extractions all over the United States, making delta-8 possibly legal in states where delta-9 THC is illegal. Currently, most marketed delta-8 THC is manufactured from hemp-derived CBD, which theoretically makes it federally legal. Oddly enough, the 2018 Farm Bill inadvertently popularized this mildly psychoactive delta-8 cannabinoid.
“a growing number of Chicago businesses are now exploiting a loophole in federal law that appears to allow the unfettered sale of a trendy hemp byproduct called Delta-8-THC, which has commonly been described as ‘marijuana-lite’ or ‘diet weed.’ Retailers across the city have started selling a variety of Delta-8 products in settings that resemble licensed cannabis dispensaries but aren’t subject to the same stiff regulations. Many sell everything from edibles to vape cartridges, as well as smokable hemp flower sprayed with Delta-8 extract.”
The rub…
In August 2020, the DEA issued new regulations for CBD and cannabinoids. The new regulations state that all synthetically derived THCs remain Schedule 1 controlled substances.
The question then becomes… is delta-8 synthetic?
The answer seems to be yes. Nearly all the delta-8 on the market today is produced by chemically tweaking CBD in a laboratory. In other words, it is not directly extracted from the hemp plant but is synthesized from CBD that is directly extracted from the plant.
On top of that legal issue…the 1986 Federal Analogue Act states that a chemical analog, like a double bond isomer, should be treated as if it were the actual illegal molecule. In other words, delta-8 will be treated by Federal law as if it were delta-9 THC.
“Delta-8 THC is unambiguously illegal. There is nothing in the language of the 2018 Farm Bill that carves out Delta-8 from the Analogue Act.”
~Greg Gerdeman PhD, neuroscientist and cannabinoid biologist
Cannabis lawyers are currently attempting to carve out reasons why delta-8 should be regarded as legal, but at this point it seems like an uphill battle.
Yet despite the apparent illegality of delta-8, delta-8 products have taken off as this chemical offers a new way to get high and getting high never seems to go out of style. Regulatory structure and enforcement will likely follow in the wake.