A recent article in our sister publication, Nutritional Outlook, takes a deep dive into the controversial delta-8 THC hemp cannabinoid and why it's such a hot topic right now.
Delta-8 THC is perhaps the most controversial compound on the hemp cannabinoid market today. Although psychoactive cannabinoids are considered federally legal, there are vocal critics and lawmakers who have restricted their sales in more than 20 states.
Currently, this compound exists in a gray area. Few producers, consumers, and regulators truly understand what it is and how it is legislated. Let's delve into Delta 8's history, limitations, and future, and consider how upcoming changes could help the compound emerge from legal troubles.
What is Delta-8 THC?
Delta-8 THC (delta-8-tetrahydrocannabinol) is a psychoactive compound found in the Cannabis sativa plant, which is the source of marijuana and hemp products. As its name suggests, delta-8 THC has a chemical structure very similar to that of delta-9 THC or delta-9 tetrahydrocannabinol. Delta-9 THC is the main psychoactive component of cannabis. However, delta-8 is known to have mild psychoactive effects on users compared to its cannabinoids.
It is worth noting that delta-8 is naturally found in only small amounts in the Cannabis sativa plant. Therefore, producers typically synthesize delta-8 from legal hemp-derived CBD (1). This process, called isomerization, dissolves CBD in glacial acetic acid and converts it to delta-9 THC. Over three days, about half of this substance is converted to delta-8 THC. An experienced chemist should oversee this process, and a third-party laboratory should test the final product for quality control.
Delta-8 products, from flower to oil, are reported to provide a “tangible” high without the typical jitters that often accompany exposure to delta-9 THC. In a study of 500 delta-8 THC users, respondents reported experiencing relaxation, pain relief, and euphoria (2). Additionally, most participants said they were able to go about their daily lives without encountering harmful side effects commonly associated with cannabis use, such as paranoia, anxiety, and excessive hunger.
Why is there controversy?
But not everyone is happy with the Delta 8. Cannabinoid critics argue that its legalization was a loophole in the 2018 Farm Bill. This omnibus bill, passed every five years, legalized hemp nationwide and brought hemp cannabidiol (CBD) products into the mainstream. At the same time, some argue that it also opened the door to legal sales of delta-8 THC, since the law's cannabis provisions did not specifically mention delta-8 THC.
At the federal level, there are no current regulations for hemp-derived delta-8. In fact, according to the article, a 2021 communication from the Drug Enforcement Administration (DEA) states that Delta-8 is federally legal, as the Farm Bill law prohibits only cannabis products containing 0.3% or more of Delta-9. It seems that it has been recognized that this is not illegal (3). THC by dry weight.
However, the situation is very different at the state level. More than 20 states are moving to impose restrictions on Delta 8. Additionally, the FDA has issued warnings to companies selling Delta-8 products due to “unapproved claims” about their therapeutic potential (4).
This last point is important. Despite legalization, there is little regulation in this area, and cowboy operators are taking advantage of the unfortunate current situation. For example, edible products such as brownies or gummies may advertise themselves as containing delta-8 THC, but are subject to monitoring to ensure that the product contains the effects stated. There is almost no coercion. Recent reports suggest that only 7% (5) of CBD producers currently conduct purity and potency testing. Although CBD is a different cannabinoid than delta-8 THC, similar concerns exist for delta-8 THC given its psychedelic properties.
What happens next?
The gulf between federal legality and state censorship aptly describes this moment in Delta 8. There's just no certainty. Producing, selling, and consuming this compound at this time is confusing, but it doesn't have to be.
Future updates to this year's Farm Bill are expected to bring legislative clarity. Such moves have already been proposed by other legislative bodies. As I recently wrote in Nutrition Outlook (6), a federal appeals court in 2022 upheld the legality of Delta 8 products under the 2018 Farm Bill (7). However, the court acknowledged that if an unintended loophole were created, “it is Congress's role to correct that mistake.”
In addition to clear rules regarding Delta 8, expect production certainty. CBD has quality control issues, and an estimated 40% of the samples in this study (8) contained pesticides and heavy metals. The industry needs to clean up its act and enforce minimum standards. The FDA hopes to accomplish this by creating separate regulatory pathways for dietary supplements and CBD-containing foods (9). I believe that product safety and quality can be adequately addressed through regulation without the need for completely separate legislation, but the government would like to see safeguards such as limits on CBD content and correct labelling. I'm here. This is good. Let's consult industry throughout the process and hope that the resulting approval process follows common sense.
Finally, the final verdict also paves the way for further research on Delta 8. Although some researchers now describe delta-8 as the “better sibling” of delta-9 (10), delta-8 has “many of the empirical benefits of delta-9-THC with fewer side effects.” ”, consumers deserve systematic research. Understanding delta-8 THC can help you recognize the pitfalls and maximize its potential.
About the author
This article is written by Scott Mazza, co-founder and chief operating officer of CBD product brand Vitality CBD (Buffalo, NY). Coming from a background in finance, Scott is well-versed in the benefits of hemp and is passionate about providing people with natural alternatives to the pharmaceutical industry. Click here for more information.
References
Is Delta-8 synthetic? Vitality CBD Blog. March 9, 2022. https://vitalitycbd.com/is-delta-8-synthetic/Worsham, T. What is delta-8 and its legal status? Here's what you need to know about cannabis variants. Tennessean. May 21, 2022. https://www.tennessean.com/story/news/2022/05/21/what-is-delta-8-thc-what-it-where-can-found-what-you-Should -know-marijuana- cannabis-variant-tn/9856718002/Jaeger, K. DEA signals cannabinoids are federally legal, boosting Delta-8 hemp business. Marijuana moment. November 4, 2021. https://www.marijuanamoment.net/dea-emboldens-delta-8-hemp-businesses-by-signaling-that-the-cannabinoid-is-federally-legal/5 What you need to know about Delta 8 Tetrahydrocannabinol – Delta-8 THC. F.D.A. Updated May 4, 2022. https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thcKrawiec, S. CBD brands products with only 7% of all impurities Needs to be tested, says Leafreport. Nutritional Outlook. May 25, 2022. https://www.nutritionaloutlook.com/view/only-7-of-cbd-brands-test-products-for-all-impurities-says-leafreportMazza, S. Why we need the 2023 Farm Bill Food, Beverage , clarifying the position of CBD in supplements. Nutritional Outlook. May 24, 2023. https://www.nutritionaloutlook.com/view/why-the-2023-farm-bill-needs-to-clarify-cbd-s-position-in-food-beverages-and-supplementsKaufman, A. Delta-8 THC What is it? What you need to know about the safety of “diet weed” (and if it gets you high. USA Today. April 15, 2023. Updated July 18, 2023. https:// www.usatoday.com/story/news/health/2023) /04/15/what-is-delta-8/11521735002/SC Labs. Is Your CBD True? Research Shows High THC Weed It turned out that it was being sold as hemp. March 31, 2021. .leafly.com/news/cbd/study-finds-cannabis-sold-as-hemp-derived-cbdKrawiec, S. FDA says CBD needs its own regulatory pathway separate from dietary supplements and foods concludes, January 26, 2023. https://www.nutritionaloutlook.com/view/fda-concludes-that-cbd-needs-its-own-regulatory-pathway-special-from-dietary-supplements-and-food Krueger, JS, Kruger, DJ Delta-8-THC: The younger brother of Delta-9-THC? J Cannabis Res. 2022, 4 (1), 4. DOI: 10.1186/s42238-021-00115-8
To read the full article, visit Nutritional Outlook: https://www.nutritionaloutlook.com/view/delta-8-what-to-know-about-today-s-most-controversial-hemp-cannabinoid .
