The latest burning question on the cannabis front: Is Delta-8 THC legal? – FindLaw

Fresh agricultural hemp grows in the countryside

The hottest new product in the cannabis industry is called Delta-8 THC, and it makes a lot of money for people who claim it’s completely legal.

But is it so?

Before delving into this question, perhaps we should try to explain what Delta-8 THC really is.

Marijuana and hemp are essentially the same plant, with one big difference: Marijuana contains much higher concentrations of Delta-9 THC, the psychological component that makes people high.

Delta-8 THC is less effective in both plants and has been mostly ignored by entrepreneurs and lawmakers alike. But this began to change with the passage of 2018 Bell FarmWhich legalized the cultivation and distribution of hemp, including the sale of the plant’s by-products. The only exception was products containing more than 0.03% Delta-9 THC.

Since the law did not mention Delta-8, entrepreneurs quickly identified it as something they could extract and sell as a legal, edible, smoking alternative. Although the Delta-8 THC lacks the punch of its Delta-9 cousin, it is assumed that it can produce moderate elevation and pain relief.

Legal land status

The laws governing marijuana use in the United States are a strange mixture. While the pot is still illegal in the eyes of the federal government, 14 states now allow recreational use.

In the other 36 states (many of which are approved for medicinal use of marijuana), Delta-8-THC products are now publicly bought and sold. Chewing gum is popular, as are food and vape products.

However, since the The New York Times Make it clear that the legitimacy of this market is not entirely clear. “Dealing in any way with Delta-8 THC is not without significant legal risk,” Alex Buscher, a Colorado attorney who focuses on cannabis law, told The Times.

Here’s why:

Last August, the Drug Enforcement Administration released ‘Temporary final rule’ Regarding the implementation of the cannabis provisions in the Farmer Act 2018 and appears to at least raise the possibility of a crime in relation to Delta-8.

The “legal or not” problem revolves around how the Delta-8 THC is produced. While hemp products remain legal under Farm Law language, the DEA’s interim final rule states that “(all) artificially-derived THCs (THCs) remain in Schedule 1 controlled substances”.

This is a problem for Delta-8 THC makers and sellers because most of their products are industrially produced from CBD. You’re probably familiar with CBD as a widely available, safe and seemingly healthy hemp-based product that can be found in everything from lattes to lotions.

The reason why producers rely on the synthetic method is that Delta-8 THC is not present enough in most strains of cannabis to make the extraction financially feasible. Smart cannabis entrepreneurs have found that Delta-8 THC can be efficiently produced, however, through the “chemical conversion” of the CBD.

Looking to the future

In other words, although both CBD and Delta-8 THC appear to be legal under the Farm Law, when you speed up the extraction process with chemistry, the legal picture becomes cloudy.

So where does the Delta-8 THC stand? we do not know. Federal agencies, including the DEA, are considering their options for regulation and implementation.

But even if the Delta-8 THC passes a nationwide legal crowd, that doesn’t mean anyone in the country can use it. Still the use of hemp products of any kind Banned in 12 states.

So if you’ve heard of the pleasure-stimulating effects Delta 8 dessertsMaybe you should check your state’s hemp laws first.

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