Regulate Delta-8 THC or make it illegal
The question that many are asking right now is, will Delta-8 THC be regulated or just made illegal?
Unfortunately for consumers and producers, the latter is much more likely. Compared to CBD which has very little to no psychoactive effects, Delta-8 is described as a more subtle version of Delta-9 THC by consumers.
In a state like Utah where recreational cannabis is still illegal, Delta-8 is no different than Delta-9 in the eyes of legislators and regulators because the consumer can still get high from consuming it. So why would they allow one and not the other?
At least we can’t argue that they aren’t being consistent.
As for the potential for regulation, it is possible but unlikely in the near future. For example, despite being legalized in 2018, the USDA’s final ruling regarding hemp production wasn’t released until January of this year. The FDA has only recently begun cracking down on the unregulated CBD industry, sending out multiple emails to producers in March of this year warning about false advertising and making medical claims about CBD products.
But the USDA ruling doesn’t even address Delta-8 THC, let alone set a limit on its production. There is no evidence that the FDA is currently investigating Delta-8 either. So while we don’t expect there to be a federal ban on Delta-8 in the near future, we are likely to see more states take action on their own.
Colorado passed medical and recreational cannabis and has a thriving legal industry, yet is still choosing to keep Delta-8 THC illegal. Other states are going to take notice, and many may follow suit.
For now, if you want to try Delta-8 for yourself, make sure to search for a verified producer that provides detailed lab results from a certified lab. While the science may still be out on the safety of D8 THC itself, as long as the product is made properly with clean ingredients and certified by test results it may be the best alternative to Delta-9 for those who can’t get it for the meantime.