Delta-8-THC: How Legal Are Weed Cannabinoids?

According to the National Institute of Health (NIH), there are currently at least 144 known cannabinoids that have been isolated from the cannabis plant. The most popular of these is tetrahydrocannabinol Delta-9 (THC), the primary psychoactive compound known to provide all of the stereotypical highs. Still, a lesser-known cannabinoid, with over half the psychoactive potency of Delta-9-THC, looks set to challenge its dominance.

No, it’s not CBD, CBN, CBG or CBC – it’s Delta-8 THC, an analogue of Delta-9-THC.

The cannabinoid was arguably legalized in December 2018 when the Farm Bill was passed; Yet it wasn’t until September 2019 that 3Chi, an online cannabis retailer, became the first company to sell Delta-8-THC cartridges, gums, tinctures and concentrates in the 38 states where it it’s legal – both online and in retail stores. According to 3Chi, the company is “the largest Delta-8-THC company in the country with products in all states where Delta-8 is legal.” Their 1000ml cartridges sell for around $ 25 with shipping, making them a lot cheaper than most Delta-9-THC cartridges sold in the hobby setting.

From a molecular point of view, Delta-9-THC and Delta-8 are not that different. Except for this, a special chemical bond appears on the 8th carbon – instead of the 9th. Physician Peter Grinspoon, a medical instructor at Harvard Medical School, believes that Delta-8 “has some but not all of the psychoactivity like Delta-9” that is the majority opinion in the cannabis industry. People often report that due to its reduced potency, Delta-8 gives them a smoother, softer, less sedating and more functional high than Delta-9. Another researcher, Dr Max Mikheev, chief executive and scientist of biotech company BIOMEDICAN, notes that people anecdotally report that it offers all of the benefits of Delta-9 – without anxiety or paranoia.

The legality surrounding Delta-8, however, remains complicated. “Although Delta-8-THC is legal if it is derived from hemp, the most common process used to produce Delta-8 – which synthetically turns CBD into Delta-8-THC – is probably not legal. Says Joseph Hoelscher, founding member of the Texas Association of Cannabis Lawyers and a long-time member of the NORML Legal Committee. According to Hoelscher, who represents the canna companies in Texas, the synthetic modification of CBD is considered the most cost-effective method for manufacturers to produce wholesale Delta-8-THC that otherwise only exists in fractions of one. percent in hemp plants. This process, however, is prohibited by the federal government.

“Just as many jurisdictions have struggled to build the infrastructure to properly identify legal hemp, few have the ability to properly, scientifically establish how a sample of Delta-8-THC was obtained,” says Hoelsccher. “The DOJ knows about it and we can expect them to figure out how to prosecute these cases.”

When asked about the future of Delta-8’s legality, a DEA spokesperson told Rolling Stone that the agency is currently in the process of making rules regarding the implementation of the Improvement Act. Agriculture 2018 – which includes the scope of regulatory controls on marijuana, tetrahydrocannabinols, and other marijuana-related constituents – and therefore would not be able to comment on delta-8 until the process is not finished.

The spokesperson added that “The emergence of different constituents of marijuana underscores the importance of research. There is a lot to learn about the impacts of marijuana and its chemical constituents and DEA and DOJ fully support these research efforts, which is why, a few weeks ago, with the support of our interagency partners, we announced unprecedented action to expand scientific opportunities. and medical research on marihuana in the United States. “

To allay customer concerns, LiftedMade has an entire section on its site describing which states they will also ship and which states they will not. Due to the vagueness of the law, LiftedMade may label Delta-8 as “legal” in one state, such as Connecticut, but others only as “probably legal” in another state such as California. “I think the Delta-8 will eclipse the CBD market and may be bigger than any other cannabinoid in any other space,” says Nicholas Warrander, CEO of LiftedMade, a company that sells hemp and cannabis-derived products. hemp in the United States, which will soon be sold in 2,500 independent pharmacies across the country. “A huge expectation of people with CBD was to feel something, and Delta-8 provides that. In many ways, Delta-8 is the bridge between the hemp industry and the cannabis industry because it can be used for recreational purposes, not just medicinal. “

Once Craig Henderson of Extract Labs, a veteran-owned Colorado CBD company known for producing high-quality minor cannabinoids, saw other companies like LiftedMade and 3Chi hit the market – and didn’t wasn’t harassed by regulators – he decided she was. it was time to kiss Delta-8. “I was nervous to be the first to go out with this. It wasn’t until we saw people advertising and marketing and thought – let’s try to make it better than everyone else, ”says Henderson. However, despite his strong sales of Delta-8, Henderson says he remains concerned that the cannabinoid may face increased regulatory scrutiny.

Brett Sandman of JustCBD, a leading online marketplace for CBD products, does not carry Delta-8 products. From his perspective, retail demand for Delta-8 is being fueled by vaping stores and e-cigarette stores pivoting to save their business which has been crippled by a combination of the pandemic and recent regulations. “Due to the ban on e-cigs and vaping oil flavors, most of these stores were just hanging on,” Sandman said. Rolling stone by email. “Now, the rise of Delta 8 is helping these small business owners keep their lights on.”

Instead of bothering to produce their own Delta-8-THC, some drugstores and smokers buy it in bulk from reputable producers like Elevated Wellness, a CBD company founded by a team of pharmacists, and then rename it. However, Ross Anderson, senior director of Elevated Wellness, says that the reception of Delta-8 by potential customers has been mixed. “Depending on the organization, they can be either very receptive or slightly hesitant,” Anderson says. Rolling stone. “Usually hesitant people / businesses don’t fully understand this. But some companies will not enter the D8, simply because they feared they would make a large investment and not be able to sell it in the near future if laws were to be passed against Delta-8 (which is ultimately a possible one). , effectively creating a heavy loss. “

In some ways, Delta-8 sounds too good to be true. But this is not the case. For people who want to experience the psychoactive effects of Delta-9, but still find it gives them paranoia or anxiety, Delta-8 is a near-legal option available online. And unlike the Delta-9, the Delta-8 is significantly less expensive, making it a viable option for some people looking for a brief sense of relief without getting intoxicated. But judging by Delta-8’s attention to law enforcement, the trend may be short-lived. Despite the growing success of Delta-8 over the past year or so, any day can be the last of the cannabinoids.