What is Delta-8 THC and is it Legal?

Have you heard of Delta-8?  If not, it won’t be long before the rapidly emerging substitute for marijuana rings your ears. While not as potent as marijuana, Delta-8 is making its way from legislation, to the farm, to providers that create consumables out of the product.  Before we talk about what Delta-8 is let’s start with the journey that has undergone to get to it. Marijuana is still illegal in many states across the U.S., so how does something like Delta-8 that can give you a similar high to marijuana, make its way across the U.S. as a legal alternative?  The marijuana plant, derived directly from the cannabis plant is the primary subject of illegality when it comes to consuming marijuana in America.  However, there is another cannabis plant derivative that is the key of Delta-8 production…Hemp.  The balance in the legality has been how legislation has defined cannabis plants and their derivatives, THC content, and what components of the plants have been legalized for usage.  

Let’s talk about the makeup of these substances before we continue the legal journey.  Hemp and marijuana are taxonomically the same plant.  However, hemp contains less than .03% of THC while marijuana is mostly comprised of THC up to the potential range of 30%. This fact however, has only recently been considered as something to discern.  In 1937, the Marihuana Tax Act was passed that made all cannabis plants illegal.  The legislation didn’t discern between the differences in THC content.  This legislation was overturned in 1969, but cannabis plants still saw trouble in 1971 as it all became a scheduled one drug.  The cannabis plant is STILL considered a schedule 1 drug, but federal legislation in the 2018 farm bill included some changes that gave our friend hemp a little bit more freedom.  It allowed for the sourcing of products (among many other uses) from hemp which contains less than .03% THC.  

Now, what exactly IS delta-8?  The cannabis plant has several different cannabinoids, the primary of which you’ve likely heard of is CBD.  There are several other cannabinoids, including Delta-8 and Delta-9.  Now, Delta-9 is the primary highly potent psychoactive cannabinoid that is still an illegal schedule 1 drug.  Because of that, It is also the cannabinoid that determines if the plant will be regarded as a hemp plant (less than .03% THC) or a marijuana plant (more than .03% THC)   Delta-8 as the minor cannabinoid, is a less potent version of Delta-9 that still contains THC, but without as potent of a psychoactive component as Delta 9…and one that makes Delta-8 federally legal! In North Carolina, SB352 moved to exclude all hemp derived cannabinoids from the North Carolina Controlled Substances Act.  This makes delta-8 derived from hemp completely legal in North Carolina!  

This is a new journey for delta-8 and America.  Due to how the federal government has handled cannabis derived plants by labeling them schedule 1 drugs, there has not been a significant amount of research on the effects of any cannabinoids.  However, it is widely reported that delta-8 has been an alternative to marijuana that has not caused any deaths or significant concerns.  It is important to keep in mind that any poorly regulated substance can be modified and altered in ways that benefit the producer, so it is always a good idea to educate yourself about what you are consuming.  Companies like str8delta8 ensure that products are sourced responsibly and healthily.  To learn more, go to www.str8delta8.com.