-- In a podcast with VaporVanity, it was concluded that Delta-8 is currently in gray area but you can still get it legally. VaporVanity Explains how.
The legality of Delta 8 THC gummies was not even considered a few years ago, but as soon as the compound was discovered and manufacturers began to produce it in commercial quantities, it came under renewed focus. Another reason Delta 8 remains a contentious compound is the grey area related to the interpretation of the 2018 Farms Bill.
Today, it is being marketed as a legal option for consumers who seek a cannabinoid that may be psychoactive but with less potency than Delta 9 THC.
Before we address whether Delta 8 is legal, let us first review it to better understand this cannabinoid that’s making so many waves today.
Delta 8 will get you high but not as strongly as Delta. Delta 9 is illegal in many states of the federation as well as under federal law. Although THS is present in Delta 8, this does not make Delta 8 illegal. In the Farms Bill, any hemp product containing less than 0.3% of Delta 9 is legal provided other conditions are met. The factors that led to the ban of Delta 9 are absent in Delta 8 for one sole reason. Although D8 may have psychoactive properties, you will still retain mental control even when you are high.
Similarities between Delta 9 THC and Delta 8
Like we said in the previous paragraph, both cannabinoids are closely related, and if this is the case, what similarities do they have. The main similarities between the two have to do with their similar molecular structure. This similarity has a big impact on how they function in the body. For example, they both make you high, but Delta 8 has a milder effect. It also makes users feel good while still maintaining a clear head even when they are under the influence. With Delta 9, on the other hand, you experience a bout of dizziness and mental impairment when high on it.
Difference between Delta 9 THC and Delta 8
These compounds are different in so many ways as far as the interpretation of the law is concerned. Delta 9 is found in marijuana which derives its psychoactive properties.
In the eye of the law, marijuana for recreational use is a banned substance. Although it is allowed for the production of some medication, however, its use is highly controlled. This compound is banned in most states and under federal law.
Legal Delta 8 is found in Cannabis but in few doses. Furthermore, the variant used by manufacturers to make their products is designed from hemp, not marijuana. Herein lies their major differences.
Having reviewed Delta 8 and its relationship with Delta 9, let us answer the salient question if Delta 8 is legal.
Is Delta 8 Legal?
Delta 8 is not illegal technically. The word “technically” is quite telling for obvious reasons. However, there are certain nuances that make it impossible to answer this question with a straightforward answer. So here are the reasons why Delta 8 is not illegal.
The law is silent: First of all, the law explicitly bans Delta 9 THC because it is mentioned by name. However, the law is silent when it comes to Delta 8. This creates a loophole for manufacturers to market Delta 8 as a legal cannabinoid in States where marijuana sale is illegal.
Hemp products: The Farm Bill law of 2018 legalizes hemp-based products nationwide. So, CBD, CBG, and CBN are all legal products sourced from hemp. By this interpretation, any Delta 8 product that is sourced from hemp is legal according to this law. However, this interpretation is a bone of contention within legal circles because Delta 8 can be derived from hemp or marijuana. If the product is sourced from marijuana, it is illegal because marijuana is banned under the law. However, if it is derived from CBD through lab conversion, then it is legal.
This is why manufacturers convert CBD to Delta 8 in order to operate within the approved legal guideline. Anything different from this guideline leads to a violation.
A tiny dose of Delta 9: Another conflicting nuance in the Farm Bill law states that hemp products that contain less than 0.3% of Delta 9 THC are legal. The interpretation of this aspect of the law is quite clear. If a manufacturer has this accepted THC dose in a product, no law has been broken.
So, in a nutshell, any Delta 8 product that:
Is not sourced from Marijuana
Does not contain 0.3% of THC and above
Is legal and does not violate the Farm Bills of 2018.
Changes may be coming despite these loopholes, many lawyers believe that a lot will change in the coming months or years, depending on when Congress chooses to review the law further. The review may go one of two ways. Either it validates the commercial production and sale of Delta 8 as a recreational drug, or it classifies it as a THC similar to Delta 9 and bans it completely. But until we know more, manufacturers will continue to produce and sell Delta 8 derived from hemp as long as it meets all the legal parameters and is not derived from marijuana or synthetically altered.
Contact Info:
Name: Sean Zadoorian
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Organization: VaporVanity
Website: https://www.vaporvanity.com/
Release ID: 89030462
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