After the recent DEA Interim Ruling in August 2020 and the amendments to the Controlled Substances Act leaving everyone confused about the product’s legality, there is probably one question running through your head. Is Delta 8 THC legal?
Delta-8-THC has seen rapid growth in the number of users who prefer its milder psychoactive effects to Delta-9 strains. This is why the fear behind the potential criminalization of Delta-8 is a serious matter for most manufacturers and users. But one look at the specific data behind Delta-8 clarifies that its safety is not as jeopardized as you may think.
What is Delta-8?
Delta-8 is one of many cannabinoids you can find in the cannabis plant. It is considerably lower in Tetrahydrocannabinol or THC content than Delta-9 as it comes from a different atomic bond in the 8th carbon molecule instead of the 9th. This makes it safe from side effects such as paranoia, dizziness, and headaches.
Delta-8 is found naturally in hemp, a form of the cannabis plant that contains lower than 0.3% THC. This lower THC content is responsible for Delta-8 giving a milder and more controllable psychoactive sensation while giving the same physiological relief as Delta-9.
Is Delta-8 Always Made From Hemp?
Though Delta-8 is naturally found in hemp, it is not in abundance. Delta-8 is mostly sourced from converting Delta-9 THC or CBD into Delta-8. As mentioned previously, Delta-8 is the same carbon molecule as Delta-9, with only a slight difference in their atomic arrangement. This is why you can classify this conversion as an isomerization, making Delta-8 an isomer.
Is Delta-8 Federally Legal?
Delta-8 is protected by the 2018 Farm Bill, which excludes hemp from THC’s definition as a controlled substance. It states that any compound derived from hemp would automatically be granted protection. One of the primary methods to differentiate between hemp and cannabis was defining hemp as any cannabinoid with THC content lower than 0.3%.
DEA Interim Rule
On August 21st, 2020, the DEA came out with an Interim Ruling that maintained that any products with THC content lower than 0.3% are not controlled substances; however, all synthetically derived THC products are controlled regardless of the THC content.
This caused quite some confusion among users and manufacturers alike as most people were not entirely sure how Delta-8 THC is derived and may confuse it with a synthetic derivation. But as mentioned previously, Delta-8 is an isomer.
This means that it is derived from a controlled but natural reaction of cannabinoid growth without any additional synthetic change to the chemical make-up. It makes Delta-8 a direct derivation of hemp instead of a synthetic one.
Legality
If you are still wondering, ‘Is Delta-8-THC Legal?’ The short answer is yes. While the language of the ruling may confuse you, a simple look into the derivation of Delta-9 will help you understand how to define it properly and accordingly understand its legal status.
The 2018 Farm Bill protects hemp and all of its derivatives, and Delta-8 is not a synthetically created compound; rather a natural derivation. This means it can avail it’s legality as long as it contains less than 0.3% THC.