Is Delta 8 Legal?

If you keep up with cannabis trends, you may wonder: is delta 8 legal? But if you need a bit more background, we’ve got you covered. Just keep reading for all the information you need on this hot new THC variant.

What Is Delta 8 THC?

Delta 8 THC is a chemical compound (called a cannabinoid) that’s found in cannabis plants. We call it a minor cannabinoid, because it only accounts for about 1% of all the plant’s cannabinoids. But, recently, scientists learned that there’s more delta 8 in plants than we first realized. Because, as THC (Delta 9) degrades, Delta 8 concentrations actually  increase.

We’re not sure exactly why that’s the case. Right now, we suspect that it’s either a natural process, or it’s caused by introducing certain elements such as heat. In other words, Smoking, vaping and extracting THC with heat may increase Delta 8 THC concentrations. But, for now, we don’t yet know how much of an increase it produces.

What Is The Difference Between Delta 8 And Delta 9 THC?

At  the chemical level, there’s only one minor difference between Delta 8 and Delta 9 THC. And that’s the placement of each structure’s double-bonded carbon. Even so, this tiny difference makes a big change in the way Delta 8 interacts with your body’s endocannabinoid system (ECS), also widening the gap between its effects and those you’ll notice with Delta 9.

We’re still researching the effects of Delta 8 vs. Delta 9, but we currently believe that taking Delta 8 results in less extreme psychoactive effects. (By which we mean, you’ll experience less of a high.) In fact, most users who compare the cannabinoids report experiencing a cleaner and clearer “high” with Delta 8. Overall, their experience is less intense and results in less anxiety and paranoia.

Now, while you may blame Delta 9 for getting the munchies, research suggests that it’s actually Delta 8 increasing your appetite. That’s especially true for people who smoke cannabis, since the heat seems to degrade Delta 9 and  increase levels of Delta 8.

In some cases, Delta 8 may act similarly to Delta 9. Many pharmaceutical companies have patents pending to market and sell Delta 8 for its anti-emetic properties. (It can prevent nausea and vomiting). These drugs are meant for patients undergoing cancer treatments, with side effects of nausea and vomiting. If approved, this could be a great option for people who get nauseous or vomit from taking Delta 9 THC.

In addition, it seems that Delta 8 offers neuro-protective properties, and can increase acetylcholine levels in your brain. (This is the neurotransmitter primarily associated with memory and learning.) With more development, this help people who suffer from cognitive degenerative conditions such as Alzheimer’s disease and dementia.

Finally, like Delta 9, Delta 8 displays pain relieving properties. When tested, the compound seemed to alleviate central and neuropathic pain. Applied topically, it also helped relieve chronic inflammation.

Is Delta 8 Legal In The United States?

Actually, this is a complicated issue. Industrial hemp, a variety of cannabis with THC concentrations below 0.3%, is currently legal at the U.S. federal level. So any compounds extracted from hemp are too. But marijuana plants, varieties of cannabis with higher THC concentrations, are still controlled substances. So, when Delta 8 is extracted from marijuana, it’s subject to different federal regulations.

Even hemp extracts are regulated differently across the country. That’s because rules around their production, sale, and distribution are left up to each individual state. Naturally, this can be pretty confusing for cannabis users.  But, to help clear things up a bit, remember this. Currently, there are no federal laws that ban or prohibit the use or sale of Delta 8 in the United States.

So, as it currently stands, Delta 8 is presumptively legal under federal law. But you’ll still have to explore your local regulations to avoid legal trouble.

State Laws – Is Delta 8 Legal In Every State?

There are currently 11 states that prohibit all forms of cannabis, including Delta 8. These states include:

– Alaska
– Arizona
– Arkansas
– Delaware
– Colorado
– Idaho
– Iowa
– Mississippi
– Montana
– Rhode Island
– Utah

In Colorado and Arizona, it’s legal to use cannabis for recreational purposes. But they specifically prohibit Delta 8 use. Now, in states where only medical marijuana is legal, you’ll still need a medical certificate or marijuana registration to legally use cannabis and Delta 8. And other states may only allow accredited dispensaries to sell cannabis related products such as Delta 8.

You may wonder why states restrict Delta 8 use at all. Most likely, it’s because of the compound’s psychoactive effects. Because, though it’s not as potent as Delta 9 THC, it can still make you high. For this and many other reasons, we suggest carefully checking your local state laws before buying or consuming Delta 8.

Pending Rulings On Delta 8

Remember how we said that current federal laws don’t ban Delta 8? Well, guess what? That can change at any time!  Now, a lot of that uncertainty comes down to wording in the 2018 Farm Bill. (That’s the one that legalized hemp.) The Bill clearly states that synthetically derived THC (tetrahydrocannbinol) is illegal. But there’s a problem.  The bill doesn’t clarify a “synthetically derived” meaning.  In fact, the DEA (Drug Enforcement Agency) is currently deciding whether it considers the Delta 8 extraction process to be synthetic.

Of course, we don’t have crystal balls. But it seems likely that the ruling won’t legalize Delta 8. So the compound will probably gain the same status as Delta 9 THC. Still, we don’t know when (or if) the DEA will make this ruling. So until they do, let your local and state regulations

Emerging Delta 8 Research

With Delta 8 emerging as the new kid on the cannabis block, researchers are excited about its promise of multiple health benefits. All without harsh psychoactive effects attributed to marijuana and Delta 9 THC. But, since Delta 8 is a relatively recent discovery, research into its effects is still in early stages. Still, there are a few emerging studies seem to confirm the benefits of Delta 8, while assessing the side effects and calculating optimal dosages.

–One study explored the effects of Delta 8 on 8 cancer patients between the ages of 3 and 13. All participants were getting neoplastic treatment. And they all confirmed that Delta 8 produced anti-emetic (anti-nausea) effects. With this compound, none of the children vomited after treatment. But two patients did experience side effects: one reported irritability, and the other reported euphoria.

– A bioactivity study into Delta 8’s formulation found that it’s more likely to show up when THC degrades synthetically due to heat. They also discovered that degradation is responsible for Delta 8 increasing your appetite. So you may not see that effect if you ingest the compound, or if you let cannabis degrade naturally.

– A 2018 study found that Delta 8 THC significantly reduced pain and inflammation associated with cauterizing the corneal epithelium. Since this was a mouse study, we’ll need further research to confirm similar anti-inflammatory and pain relieving properties in humans.

Is Delta 8 Legal?

To date, most Delta 8 research involves mice. Of the research conducted on humans, most of our information is anecdotal, relying on user reports instead of proven scientific evidence.

To date, our only verified human studies were those conducted on the 8 children receiving cancer treatment. Still, as a result of these tests, some drug companies have patents pending to develop Delta-8 based drugs specifically aimed at treating cancer patients’ nausea and vomiting. But, given the current stage of research, it could take years for an actual drug to gain FDA approval. Because, before that happens, we’ll need more human trials, as well as a better understanding of Delta 8’s psychoactive side effects.

Basically, if you want an answer to the question “Is Delta 8 Legal?”, we can’t help you. Because there is no simple answer. But, unless your local municipality or state has a specific ban or prohibition on Delta 8, it may be safe to assume the product is legal.