Delta-8 Is Known to Get You High. But Is It Legal?
Whether you’re a crossFitter or a powerlifter, deltosterone is going to be a part of your life (and/or your supplement regimen). It’s as ubiquitous in the world of performance enhancing drugs as it is in the fitness community. But what’s delta-8 all about? Is it safe? Who made it popular? And perhaps most importantly, is it legal?
A cannabis compound called delta-8 is gaining popularity for its reported milder psychoactive effects
A cannabis compound called delta-8 is gaining popularity for its reported milder psychoactive effects — but experts say it’s not an entirely new product, and caution that it’s not safe for kids.
The compound contains a similar chemical structure to THC, the main psychoactive ingredient in marijuana. But unlike THC, delta-8 binds to both CB1 and CB2 receptors in the brain, making it less potent than its cousin.
“Delta-8 is a double-edged sword,” said Dr. Jordan Tishler, a Harvard Medical School instructor and president of InhaleMD, a practice dedicated to medical cannabis therapy. “It’s not as strong as regular THC so people who are used to higher doses may have their needs unmet.”
But the lower potency could also mean less risk of side effects like paranoia and anxiety. The compound could also be effective at treating nausea and vomiting in children with cancer who don’t respond well to other treatments, according to research published in the New England Journal of Medicine in May 1995. However, experts caution that more research is needed to fully understand how it works.
Delta-8 is different from delta-9, a more common cannabinoid in cannabis that gives you a stronger high
Delta-8 THC is different from delta-9, a more common cannabinoid in cannabis that gives you a stronger high.
Delta-8, which is described as “smoother” than delta-9, is found in smaller amounts in the plant.
The cannabinoid is sold as a hemp product and is federally legal because of the 2018 Farm Bill, but most people haven’t heard of it.
Delta-8 THC is a cannabinoid found in several strains of cannabis and hemp plants — not to be confused with its more famous cousin, delta-9 THC, which gives users a buzzy high. It’s arguably less potent than delta-9 THC (also known as dank), but the two compounds affect users similarly, experts told Insider.
Delta-8 products are currently sold as hemp products and are federally legal thanks to the 2018 Farm Bill. But they’re not as ubiquitous as CBD products like gummies and dog treats — most people haven’t even heard of them yet. This is changing fast: Delta 8 vape cartridges are now being sold by Amazon and Etsy sellers across the US.
Delta-8 is legal but there are some caveats. Actual legality depends on state law and the source of the delta-8.
Here’s the catch: Delta-8 must be derived from federally legal hemp. That means that marijuana-derived delta-8 is illegal under federal law, right? Wrong! It’s not that simple.
A bill signed into law in July 2020, the Hemp Farming Act of 2018 (pdf), has made hemp with less than 0.3 percent delta-9 THC federally legal to grow and sell—and produce derivatives from. While this bill only explicitly mentions hemp, it also makes any derivative, extract, or product produced from the plant legal as well.
This means that delta-8 derived from hemp is legal under federal law—unless it was derived from marijuana plants. While this may seem like a small distinction, it makes a big difference in how we enforce the law against each product. After all, both hemp and marijuana are strains of cannabis sativa. They are virtually identical at a genetic level.
Delta-8 is a minor cannabinoid found in the hemp plant. The “8” refers to the position of a chemical bond on the molecule’s structure. It differs from delta-9 THC by only a few atomic bonds, but it has a much milder effect.
Most people regard delta-8 as safe and non-intoxicating — meaning it won’t make you feel too “high” or interfere with your ability to drive or work.
Delta-8 is legal but there are some caveats. Actual legality depends on state law and the source of the delta-8.
Whether or not delta-8 is legal depends on where you live and the source of the compound.
The Delta-8 THC in question is a naturally occurring cannabinoid that reacts with the endocannabinoid system in similar ways to Delta 9 THC.
Delta-8 THC activated by a specific enzyme that turns CBDa into THCa. The THCa then converts into Delta-9 THC. It’s important to note that this process is not unique to cannabis, as these enzymes are present in many other plants.
The question of legalities is always a tricky one in the cannabis industry and the same applies to delta-8. Whether or not it’s legal depends on where you live and the source of the compound.
Cannabis laws in Canada have changed dramatically over the last few years and they have expanded to include more than just CBD and hemp products.
In parts of Canada, cannabis laws have expanded to include cannabis products that are high in THC and CBD but low in tetrahydrocannabinol (THC), which is the main psychoactive ingredient in cannabis products.Delta 8 has become legal for recreational use because it is not considered a controlled substance by Health Canada.
Delta-8 THC is a legal, federally compliant version of delta-9 THC, the primary psychoactive component in cannabis.
But the legality of delta-8 depends on where you live, and where the compound came from.
Delta-8 THC is a minor cannabinoid found in cannabis and hemp plants. It occurs naturally in very small amounts — less than 1% of the plant material. As a result, any product containing significant amounts of delta-8 has been extracted or synthesized from other compounds found in cannabis or hemp.
Delta-8 is a minor cannabinoid. It’s not as prevalent in cannabis as delta-9 THC, the psychoactive compound in marijuana. But it has similar properties, and it can be derived from hemp. This makes it legal on a federal level — but only if it comes from the right kind of plant and hasn’t been altered too much.
“Any cannabinoids that are produced within the seed and stalk of the Cannabis sativa L. plant, including all derivatives of cannabis with more than 0.3% delta-9 THC on a dry weight basis, remain Schedule I controlled substances,” the DEA said in an August statement.
That would seem to make delta-8 illegal, since marijuana can contain up to 30% delta-9 THC by dry weight. But there’s a loophole: The DEA says “cannabinoids” have to come from the cannabis flower or leaves. Hemp stalks and seeds don’t produce cannabinoids naturally, so they aren’t controlled substances by default. And even though processing can turn them into products with more than 0.3% delta-9 THC by weight, that doesn’t necessarily mean those products are controlled substances either — at least not under federal law.
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