Delta-8 THC, a trendy new cannabinoid marketed as “marijuana lite,” has found its way onto the shelves of CBD shops, head shops, and convenience stores across the country thanks to a legal loophole. “Many people are interested in Delta-8 THC because it sounds like it has a lot of health benefits, it’s stronger than CBD, it’s relatively cheap, you don’t have to go to a dispensary to get it, and it does give you a little bit of a high — though it’s weaker and usually shorter-acting than marijuana,” says Michele Ross, PhD, a neuroscientist who studies cannabis and other plants and the author of CBD Oil for Health. “However, as a scientist and educator, I strongly advise people to conduct research before attempting it,” she says.
The issue is that, because this product is so new, there has been little research on its effects thus far, and there are few regulations in place to guide or protect consumers. So far, here’s what you need to know before you chew, drink, or inhale it:
What exactly is Delta-8 THC?
Delta-8 THC is the result of a clever chemist taking a substance found in hemp — which is legal under the 2018 Farm Bill and does not produce a high — and finding a way to tweak the chemical bonds to create a closer cousin of marijuana while staying within the bill’s legal parameters.
Confused? Yes, it’s perplexing. Here’s a quick primer on plant biology that might help: Hemp and marijuana are both members of the cannabis family. They each contain over 100 cannabinoids, which are chemicals that have different effects on the brain and body. Delta-9 THC, which has a psychoactive effect, making you feel high (it’s what makes weed weed), and CBD, which does not make you high but is frequently used to relieve anxiety and pain, are the two most well-known cannabinoids.Under legal guidelines, cannabis plants that have more than 0.3% concentration of THC are known as marijuana; plants with less than that are known as hemp.
Delta-8 THC is a minor cannabinoid that is chemically similar to both CBD and Delta-9 THC, but it only occurs naturally in teeny, tiny amounts in the hemp plant, so the real growth takes place in a lab. “Products containing Delta-8 THC must be chemically manufactured,” explains Ross. “They take the hemp that has CBD in it and put a chemical like acetic acid — or something much stronger and possibly even toxic — on it to turn the CBD into Delta-8 THC,” she says, adding that some Delta-9 THC is also created in this process, so the manufacturer must then chemically strip out the Delta-9, which is illegal to sell at concentrations above that magical 0.3 percent mark. (According to a small study conducted by the United States Cannabis Council (USCC), 15 of 16 Delta-8 THC samples purchased across the country contained Delta-9 THC at varying levels.
Is Delta-8 Legal?
The answer is a qualified yes, but not in all states and not for long. The legality of Delta-8 THC is part of the murky, ever-changing story of cannabis legality in general, including CBD. Marijuana is legal for medical use in 36 states and adult recreational use in 18 states, including New Jersey, Connecticut, California, and Illinois, as of June 2021. Delta-8 THC derived from hemp, on the other hand, falls into a different category. The 2018 Farm Bill made it legal to grow hemp for use as CBD as long as it has a Delta-9 THC concentration of less than 0.3 percent (the bill makes no mention of the concentration of Delta-8 THC, which has created this legal loophole).
The Farm Bill does state, however, that, aside from Delta-9, any “isomers” of any part of the hemp plant are legal. “It just so happened that a clever chemist looked at it and said, ‘Wait a minute, Delta-8 is an isomer of CBD!'” “As a result, we are able to convert CBD to Delta-8 completely legally,” Sanders says.
As a result, beginning in 2019, companies began selling Delta-8 THC with no legal restrictions, though this is changing on a daily basis. According to the USCC report, 12 states have passed laws specifically prohibiting Delta-8 THC, while other states, including those where marijuana is legal, such as New York, Illinois, Oregon, and California, are developing regulations that any form of THC, whether Delta-8 or Delta-9, can be sold only if it is tested, verified, and sold in a “regulated marketplace.”
But, to make an already complicated story even more complicated, some believe the push to ban Delta-8 THC in some states is motivated by more than health and safety concerns. Sanders points out that many of the states that have banned Delta-8 THC, including Colorado and Arizona, are ironically states where adult recreational marijuana use is legal, and he believes the legal-marijuana industry — which is required to follow strict regulations and collect sales tax — is attempting to protect its turf.
Where Can You Get It?
Delta-8 products are available over the counter at gas stations, convenience stores, weed and vape shops, and online. They are available in the form of gummies, candies, vaping pens, oils, tinctures, edibles, joints, or beverages.
It is important to note that these products and their ingredient list are not subject to quality control. Delta-8 products are also easily confused with CBD, which does not produce a high.
Is It Safe?
There is also a scarcity of research and evidence regarding Delta-8’s impact on your overall health. Many people have reported using Delta-8 in conjunction with prescription medications to help with depression and substance abuse, mostly through social media posts. Delta-8, according to users, can also:
- Calm nausea
- Boost appetite
- Ease pain relief
- Boost mental health
- Prevent vomiting during cancer treatments
However, experts say that these advantages are mostly based on word of mouth, and there is a lack of research on how it affects your health. Just because it’s available for purchase doesn’t mean it’s completely risk-free.
Some people have reported side effects like:
- Confusion
- Anxiety
- Drowsiness
- Slow heart rate (bradycardia)
- Numbness
- Fast heart rate (tachycardia)
- Low blood pressure (hypotension)
If you try Delta-8 products and experience any of these side effects, contact your doctor right away. If it’s an emergency, dial 911 or go to a nearby hospital. If a child consumes or is exposed to Delta-8 products, such as gummies or candies, seek immediate medical attention.
Will You Test Positive for THC?
It is conditional. THC in the form of Delta-8. Delta-8 may show up as a positive for THC in drug tests that look for traces of Delta-9. People react differently to cannabinoids depending on the type of product they use and how long they use it, whether it’s Delta-8 or Delta-9.
Commercial urine drug tests do not currently distinguish between different cannabinoids. So, if you’re about to take a drug test, it’s best to avoid Delta-8 products.
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