Why Is Delta 8 Legal

Delta 8 is a subtype of hemp-derived Delta 9 THC, which is the main psychoactive component of hemp and other cannabis sativa plants. Just like its more potent relative, Delta 8 has been found to produce similar effects when ingested but without the same level of intensity.

With that, it may be surprising to see that while marijuana and other products containing Delta 9 THC fall within the Schedule 1 classification of the Controlled Substances Act, Delta 8 THC is available legally in many states.

But what exactly makes Delta 8 legal even though its more potent counterpart is not? Let’s take a closer look.

2018 Farm Bill

The 2018 Farm Bill legalized the cultivation of hemp and established a legal definition of a hemp-derived product as containing no more than 0.3% Delta 9 THC on a dry weight basis. This definition of hemp laid the groundwork for products like CBD oils, edibles, or even dried hemp flowers to become available commercially in the US.

The bill notes that derivatives, isomers, and other cannabinoids found in hemp are also considered legal as long as they are sourced from cannabis plants that fall within the legal definition of hemp.

Hemp and Delta 8 THC

Delta 8 tetrahydrocannabinol (THC) is a cannabinoid found in cannabis sativa plants. In both hemp and marijuana, its concentration is relatively low, meaning that it is not the predominant cannabinoid.

Because of that, most Delta 8 products available on the market are created synthetically, either by converting Delta 9 isomer into Delta 8 isomer or by extracting it from hemp plant matter and subjecting it to various processing techniques.

As a result, even products with higher concentrations of synthetically-sourced Delta 8 are considered legal under the 2018 Farm Bill as long as they are derived from hemp plants with less than 0.3% Delta 9 THC content.

Federal Regulation

It should be noted, however, that Delta 8 falls into a gray area of the law, so it is best to check your local and state regulations before purchasing Delta 8 products. Some states have already enacted their own laws regulating CBD and other hemp-derived products, while others set a more lenient stance.

In addition, the US Food & Drug Administration (FDA) has not approved any products containing Delta 8 THC for sale or consumption, meaning that products containing this cannabinoid are not subject to the same scrutiny as other FDA-approved drugs.

Final Thoughts

Delta 8 THC, with its milder psychoactive effects, is often considered a safer alternative to Delta 9 THC and marijuana. It is also why its popularity has been on the rise in recent years, despite being a relatively new and largely unregulated cannabinoid.

One of the reasons why it became such a hit is its legal status – most products containing Delta 8 THC are considered to be hemp-derived and, therefore, compliant with the 2018 Farm Bill. That said, it is best to double-check your local regulations before purchasing any products containing this cannabinoid.

FAQ:

What makes Delta 8 THC fall within the legal definition of hemp?

Delta 8 THC products are considered legal if derived from hemp plants with less than 0.3% Delta 9 THC content as defined by the 2018 Farm Bill. This definition of hemp laid the groundwork for products containing Delta 8 THC to become available commercially in the US.

Is Delta 8 THC approved by the FDA?

No, the FDA has not approved any products containing Delta 8 THC for sale or consumption. Products containing this cannabinoid are not subject to the same scrutiny as other FDA-approved drugs.

What are the effects of Delta 8 THC?

Delta 8 THC produces similar effects to its more potent relative, Delta 9 THC, when ingested – including relaxation and euphoria. However, these effects may be less intense than those produced by Delta 9 and may last for a shorter duration.

Are there any risks associated with Delta 8 THC?

As with all cannabinoids, Delta 8 can have potential side effects. These may include dry mouth, dizziness, fatigue, and increased heart rate. It is also important to note that it has not been studied in depth, and its long-term effects are still unknown.

Is Delta 8 THC legal in all states?

No, different states may have varying regulations regarding Delta 8 THC. It is best to check your local and state regulations before purchasing products containing this cannabinoid.

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