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What is Delta-8? Is D-8 THC Legal? Get Your Facts Clear!

— May 6, 2021

As long as you purchase your Delta 8 products from an authorized retailer, you can use them without any second thoughts. That is until there is a concrete ban on the sale and usage of this compound.

The Internet seems to be brimming with discussion on markets swarming with the sale of Delta 8 THC; this is proof enough that the product has quickly picked a fire-like pace. But despite the hype, whether or not it is legal is something most are still conflicted over. 

So, let’s not beat around the bush any longer and get right to the plant (if you know what we mean): is Delta 8 legal? Congratulations, as per recent laws, Delta 8 is legal as hemp-derived substances do not fall under Schedule 1 items – the list includes strictly illegal items. 

But of course, with all the necessary certifications and conditions. Still, the Drug Enforcement Administration does not fully agree on the legality of Delta 8. 

Does this hamper the future of Delta 8 and its availability? 

Walkthrough this piece to determine if you can use, or keep using, Delta 8 products minus the guilt.

What is Delta 8?

Delta 8 is a THC (tetrahydrocannabinol) extracted from hemp—a type of the cannabis Sativa plant. It is way cheaper than pot and readily available in markets where hemp is legal. 

But does it make you high is the question. If you have heard of THC, you know it is the psychoactive component present in cannabis. However, THC is not really one substance but an analog of multiple elements; Delta 8 is one of those elements.

The good news is, Delta 8 is not at all the member that gives you the ultimate level of trance loved by pot-enthusiasts. That is the job of its fellow component, Delta 9 – one of the three elements in THC other than Delta 8 and THCa. So, those of you trying to steer clear of the paranoia effects of THC can stop panicking at this point. 

This means, Delta 8 is perfectly safe for use as it doesn’t transport you into a state of frenzy. In fact, some may even go as far as to call it ‘marijuana-light’ or ‘weed-light’.

Why then is Delta 8 gaining all this bad press? 

Effects of Delta 8: How Does it Work?

By now, you have probably understood that Delta 8 is the relaxing bit of THC and not the high-inducing one. Consuming Delta 8 will instantly help you calm down, alleviate anxiety, and help you sleep peacefully. Therefore, it is perfect for those of you who wish to gain overall mind and body relief without getting in a trance-like space.

You will stay clear headed and focused as Delta 8 heightens your energy levels. Additionally, it stimulates appetite, so you will feel the urge to eat while being completely at ease.

The best part of Delta 8 is getting all of these benefits with none or negligible side effects. In some cases, you may feel nauseous and mild irritability, but that’s about it!

Is Delta 8 Legal?

Now that you are aware of what Delta 8 is and how it works, you surely would want insight into its legality.

As per the 2018 Farm Bill, hemp-derived items are legal as long as their Delta 9 THC content is 0.3% or lower. The bill states to have removed hemp from the list of controlled substances. Well, that makes Delta 8 perfectly legal in states following the Bill. That is because even if Delta 8 has THC traces, they are pretty minor.

The problem rises with the objection of DEA (Drug Enforcement Administration). The organization passed the ‘Interim Final Rule’ that deems every tetrahydrocannabinol-derived synthetically is a controlled substance of Schedule 1.

Therefore, though the hemp-derived CBD may be legal, any Delta 8 synthesized from that CBD may be termed illegal. It falls under the category of controlled substances until the federal authorities make an alternate decision.

That is not all. As per FDA rules, Delta 8 is not banned but requires pre-market approval. That is because, as per the Farm Bill, the FDA still holds the final say on allowing cannabis or related products. This falls under the Food, Drug, and Cosmetic Act.

To top it all, the FDA circulated the Drug Exclusion Rule, making the situation a whole lot more confusing. As per this regulation, you cannot market a new FDA-approved drug as a human or animal dietary supplement. However, if you sold or marketed it before the FDA’s approval, you can continue the trade.

So far, there are no inquiries of the FDA concerning Delta 8. Therefore, the Drug Exclusion Rule does not seem to reflect on products containing this THC component.

Controversies Over Delta 8

The actual process of deriving Delta 8 followed in most cases is by synthesizing CBD, which makes it illegal. Though manufacturers use this method due to its cost-effectiveness, it is banned by law.

That being said, the ability to identify the sourcing procedure in scientific terms is rather challenging. That is why detecting and differentiating the legal and illegal types of Delta 8 can be tricky.

Besides, Delta 8 does not appear to be present in enough quantities in hemp, such that it is sufficient for extraction. This raises a major question on the derivation of the Delta 8 THC. Needless to mention, the above-stated DEA concerns and Congress Bill conditions further raise the problem bar.

Apart from that, states like Iowa, Idaho, Delaware, Alaska, Nevada, Utah, Mississippi, Arkansas, and Nebraska ban all cannabis-related products. Therefore, Delta 8 too stands to be banned and illegal in these states.

Delta 8 Business is Booming, But Will It Continue?

The hemp-derived Delta 8 THC engulfed the market in September 2019, when an online cannabis retailer, 3Chi, released it. The company sold the drug in the form of cartridges, gummies, and other products.

Image by Elsa Olofsson, via
Image by Elsa Olofsson, via

This was just the beginning. The market soon found itself consumed by a host of sellers following 3Chi’s lead. Today, you can find Delta 8 in multiple online and local drug stores, and the options are only expanding.

Yes, the demand for Delta 8 is at an all-time high and is inclined towards an upward trend until it comes to a halt. Since the drug has gained significant attention from every authority, its availability is likely to be short-lived.

Wrapping Up: Is Delta 8 Legal to Use?

As long as you purchase your Delta 8 products from an authorized retailer, you can use them without any second thoughts. That is until there is a concrete ban on the sale and usage of this compound.

Delta 8 is a relatively useful drug for multiple conditions like anxiety and restlessness. It makes you calm, clears your head, and also increases your appetite without any side effects.

So far, Delta 8 is legal (in most states), so relish it while you can!

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