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Is Delta-8 THC Safe?

Is Delta-8 THC Safe?

is delta 8 thc safe to consume?

If you’re a cannabis or Hemp/CBD consumer, you have more than likely heard of Delta-8 THC. But is Delta 8 THC safe?

Fourteen states — Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Kentucky, Mississippi, Montana, New York, Rhode Island, Vermont and Utah — have already banned Delta-8. For a consumer looking to possibly try Delta 8 for the first time, this could be a cause for concern.

If Delta 8 was totally safe, then why would states be banning it en masse? That’s what we’re going to break down.

The answer to the question, “is delta 8 THC safe?” isn’t so black and white. Just like a couple years ago when many were unsure about the safety of CBD products, D8 THC is in a similar phase.

Is Delta 8 THC safe to consume?

The short answer is we don’t know. That is partially the reason that so many states have already moved to make it illegal. With zero — and we mean zero — regulation, it is much easier to just ban Delta 8 than go through the same process as CBD.

To clarify, CBD has had a rocky road over the last few years. After the passing of the Farm Bill in 2018, all hemp and its derivatives (aside from Delta 9 THC) became fully legal. CBD, CBG, CBN and others all became legal at this time, which sparked the CBD movement.

As soon as the CBD industry began exploding, the FDA was forced into action. Regulating the safety of consumable CBD products like gummies, ointments or other topicals was essential. While some states decided to ban CBD altogether like some are doing now with Delta 8, most saw the growing market and recognized that regulation was necessary.

However CBD does not create a psychoactive effect like Delta 8 does, nor is it synthetically derived. And that’s where the issues with Delta 8 arise.

How Delta 8 THC is made

CBD has been bred into hemp in higher concentrations over the last few years, which is then extracted to make various products. Delta 8 exists in such small traces in hemp and cannabis that it can’t be extracted on its own and produces negligible results.

Due to this, Delta 8 is actually made through the synthetic conversion of CBD.

The process of creating Delta 8 from CBD is nothing new, and is actually a patented isomerization process. It involves dissolving CBD in a solvent like heptane. An acid is then added into the solution and stirred constantly up to 18 hours on a heat plate. Once the chemical reaction is complete it will separate, where it can then be washed and dried and tested.

Compared to how your average Delta-9 extract is made, Delta-8 is a more lengthy, “synthetic” process. That can be a turn off for a lot of people.

The new “spice”?

We see you clenching your fists about to throw your phone from reading that title. No, we don’t believe that Delta 8 THC is as dangerous as spice. But that doesn’t mean it doesn’t have the potential to be just as dangerous.

You may remember in 2019 when hundreds of people wound up in the hospital (and several actually dying) due to dangerous chemicals being cut into illicit, black market vaporizer cartridges. Vape cartridges are currently the most popular way to consume Delta 8, and they are completely unregulated just like illegal cartridges sold on the street.

It is not inconceivable that a producer looking to cut costs and make more money could cut their products with something potentially dangerous to consumers. And that is the risk that many take when they place an order from an online Delta 8 THC retailer.

So is Delta 8 THC safe? Let’s be real here. It is just as likely that a consumer might get an unsafe distillate cartridge on the street as you are to get a dangerous Delta 8 product from a “reputable” online Delta 8 retailer. That’s the reality.

Some states might start treating Delta 8 like CBD in the future, regulate it and make it safe. There’s also the chance that federal government, such as the DEA or FDA gets involved. Similarly to states with cannabis legalization, Delta 8 could also be made legal on a state by state basis. Some argue it is already legal.

In other words the safety, legality and trustworthiness of Delta 8 THC products is anybody’s guess. And guessing is exactly what you do when order some Delta 8 online or grab it from the head shop.

Why Delta-8 is Being Made Illegal

Why Delta-8 is Being Made Illegal

Delta-8 THC is illegal

As quickly as Delta-8 THC blew up, it’s being made illegal by states across the country.

It was only a matter of time.

Consumers and entrepreneurs have been an enjoying a regulation free, sub-legal way to get high and profit from Delta-8 THC. Now the DEA and USDA have taken notice, and in addition to the numerous states already taking action to make Delta-8 illegal on their own terms, the official law regarding Delta-8 is becoming more clear.

In fact, the current laws regarding hemp may already have it covered.

What is Delta-8 THC?

A very, very close relative to Delta-9 THC, the main psychoactive component of cannabis, Delta-8 THC is separated by just one subtle difference in its molecular structure. The similarity in molecular structure also leads to similar psychoactive effects although slightly suppressed.

Studies done on Delta-8 THC have revealed it to be roughly 75% the potency of traditional Delta-9 THC. With modern extraction technology and isolation techniques, manufacturers of D8 THC are able to produce products that get users high.

The reason that D8 THC is able to operate currently with near impunity is because of the wording of the 2018 Farm Bill. In the bill, “Hemp” is defined as:

The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Because the definition specifically includes Delta-9 THC and nothing else, this has been used by manufacturers as a de facto legalization of other tetrahydrocannabinols. However, looking a little more deeply into current rules and regulations on the books by the DEA and USDA, and depending on your definition of “synthetic”, the future of Delta-8 may have already been decided.

Synthetic Tetrahydrocannabinols

In August of 2020, the DEA released a set of interim rules regarding hemp. In this ruling they say, “For tetrahydrocannabinols that are naturally occurring constituents of the plant material, Cannabis sativa L., any material that contains 0.3% or less of D9 -THC by dry weight is not controlled, unless specifically controlled elsewhere under the CSA,” CSA being the Controlled Substances Act.

However in the same paragraph further down, we get to the part that matters to Delta-8 THC advocates; “For synthetically derived tetrahydrocannabinols, the concentration of D9 -THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.

By establishing a difference between naturally occurring cannabinoids that are produced in hemp and those that are derived and enhanced synthetically, the DEA virtually made a ruling against Delta 8. This is because, to the likely surprise of many (including myself), Delta 8 THC while naturally occurring in hemp, is in fact synthetically made from CBD when produced for retail sale.

How Delta 8 THC is Made

All cannabinoids, from CBD to THC and beyond begin as CBGA. Because of the shared molecular structure of cannabinoids, manipulating them is simpler than it may seem. While Delta-8 is relatively new, producers have been using these methods to manipulate cannabinoids for a long time to find exotic new cannabinoids.

While Delta-8 THC exists in a wide range of cannabis strains, it is in minuscule, trace amounts. To extract and purify Delta-8 from raw plant material with less than one percent of the targeted cannabinoid is unprofitable. This is why producers have begun converting other, more prevalent cannabinoids like CBD and Delta-9 THC into Delta-8.

The process of creating Delta 8 from CBD is nothing new, and is actually a patented isomerization process. It involves dissolving CBD in a solvent like heptane. An acid is then added into the solution and stirred constantly up to 18 hours on a heat plate. Once the chemical reaction is complete it will separate, where it can then be washed and dried and tested.

Compared to how your average Delta-9 extract is made, Delta-8 is a more lengthy, “synthetic” process. The Delta-8 is not there in the beginning, it is created in the end. And that’s why it’s a problem.

What does this mean for Delta 8 THC?

Unfortunately for producers and consumers alike, the great days of Delta-8 THC are likely coming to an end sooner rather than later. Over a dozen states have already banned Delta-8 THC, and more are considering passing their own laws against the cannabinoid. With the ruling by the DEA being brought into the open, it will be difficult for manufacturers to argue that Delta-8 is not in fact a synthetic cannabinoid.

In other words, those who continue to manufacture and sell Delta-8, even right now, are technically manufacturing and distributing a Schedule 1 substance. States in which Delta-8 THC has not been explicitly banned likely don’t need to worry about prosecution for the time being, as no official ruling on Delta-8 specifically has been passed down.

But as concern grows and more states ban Delta-8, it is going to become more difficult and less profitable for manufacturers to continue making it. Soon enough, Delta-8 will likely be another banned substance nationwide.

Vermont Joins List of States to Ban Delta-8 THC

Vermont Joins List of States to Ban Delta-8 THC

Delta 8 THC banned in Vermont
Vermont regulators have officially categorized hemp-based Delta-8 THC products as illegal under state law.

The Vermont Agency of Agriculture, Farms, and Markets (AAFM) informed all registered hemp cultivators that Delta-8 THC products are not regarded as legal hemp products in an email sent out last Friday, April 23.

With this statute, Vermont joins 12 other states that have categorized the manufacturing and sale of Delta-8 THC products as illegal under state law; Delta-8 THC has also been banned in Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.

On their website, Vermont AAFM clarifies the state’s position further by acknowledging that hemp plants naturally produce Delta-8 THC in trace amounts. However, products with intoxicating levels of the cannabinoid are created using isomerization, which synthetically converts CBD to THC.

The Vermont Hemp Rules state that, “A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product” (6.3). With this rule, the manufacturing, labeling, or sale of any Delta-8 product in the state of Vermont would violate state law. As such, anyone who distributes, uses, or possesses one of these products may face criminal penalties in the state.

Many CBD retailers have seen great financial gains due to the recent proliferation of Delta-8 throughout the states. This clarification may heavily impact their newfound revenues.

Meanwhile, the hemp industry in Alabama recently praised lawmakers there after they pulled an amendment proposal that would have categorized Delta-8 THC and Delta-10 THC as controlled substances.