The legal battleground surrounding Delta-8

OK. It’s not CBD. And it’s not quite the regular THC. But it can get you high — kind of. Think slightly more relaxed and less stressed out.

It’s a hemp-derived form of THC known as Delta-8, and it’s a tense story of legal loopholes and semantics.

Let’s go back to 2018, a pivotal moment in the industrial hemp industry.

This was thanks to the Farm Bill of 2018, a legal framework that removed hemp from the Controlled Substances Act. It effectively legalized the cultivation, possession and sales of hemp-derived products, as long as their THC content was lower than 0.3%.

And as hemp production relished in its newfound legality, producers began to see what else they could come up with.

Delta-8 is a compound that occurs naturally (albeit in small amounts) in the cannabis plant, and was discovered in the 1940s. But Delta-8 found in the market today is a different story, usually made by synthesizing CBD — a molecular structure changed by the introduction of solvents and acids.

But because Delta-8 is sourced from hemp, and Delta-9 THC, the major psychoactive compound in cannabis that gets you “high,” is not, a convoluted new market began to boom.

Now, a mildly and intoxicating form of THC could be found in a handful of unlikely places, most notably gas stations, convenience stores and the internet.

Some classify the high from Delta-8 as a much milder version of regular THC. The effects depend on who you ask. A seasoned smoker will have a much different experience with Delta-8 than someone with a lower tolerance. Some refer to it as “diet weed” or “boneless weed.” You get the idea. Yet, Delta-8 can still provide similar feelings of intoxication.

But the legal nature of Delta-8 does not diminish the fact it remains a vastly unregulated and untested whirlwind of gummies, vapes and prerolls. Some consumers may confuse Delta-8 for CBD, given they’re both derived from hemp and are lumped into the same legal category.

They are, in fact, very different from each other. CBD has no known psychoactive properties, while Delta-8 does.

This is only the beginning of experimentations in hemp-derived goods, as the legal framework now provides producers with the credence to deconstruct the previously existing norms of the hemp industry.

Any product sold in a dispensary is required to go through rigorous lab testing to determine its THC content, pesticides and presence of any heavy metals and toxins.

A license to grow and sell marijuana in Arizona is worth millions of dollars.

In response to the 2018 Farm Bill, many states began to implement their own methods of regulating Delta-8. For example, California chose to redefine “THC” in a manner that includes Delta-8, Delta-9 and any other form of intoxicating cannabinoids. No legal hemp-derived product can contain 0.3% of any intoxicating cannabinoid.

In Arizona, there are two proposed bills in response to regulating and monitoring the production of Delta-8. The proposal SB1271 would delegate the regulation of hemp-derived products to the Arizona Department of Agriculture, and sales would be limited to people 21 years and older. On the other hand, SB1453 would make it illegal for Delta-8 to be purchased anywhere other than a licensed dispensary. SB1271 has received hearty support from the hemp industry in Arizona, while the Arizona Dispensary Association does not endorse it.

In fact, the ADA and poison control partnered to oppose the bill. Ann Torrez, the executive director of the ADA, stated “since the bill does not provide any of the amendments discussed in hearings to remove intoxicating products, the Arizona Dispensaries Association has recently registered as opposed to SB1271.”

The resounding confusion that blankets the cannabis industry is contentious between, well, everyone.

So, I’ll leave you with this: It doesn’t hurt to arm yourself with information, especially when it pertains to a political landscape. It’s important to understand there are benefits to Delta-8, particularly if one is looking for an alternative to THC. But at the same time, it is equally important to note the market for Delta-8 is still in its infancy phase, and much is subject to change.

This article appears in Aug 3-9, 2023.