Is Delta-8 Legal?

In 2018, legislators passed the Farm Bill which legalized hemp and allowed the sale of certain hemp-derived products, including delta-8 THC, a cannabinoid that produces a mild high. Is delta-8 legal? It depends. While other marijuana-derived products, like delta-9, remain a Schedule I drug and illegal on the federal level, delta-8 exists in a gray area. A more important question to ask is, is delta-8 safe? Its legal status has given people a sense of false security, however, several users are calling poison centers for help after using delta-8.

 

Understanding Delta-8 THC

Delta-8 THC (or delta-8 tetrahydrocannabinol) is a cannabinoid found in trace amounts in hemp and cannabis plants. It produces a euphoric high similar to marijuana, but milder. Users call it “diet weed” or “light THC” since it doesn’t get people as high as traditional weed products. Some people use it to ease stress, anxiety, depression, or chronic pain, but there is little research to back up these effects. In various states, delta-8 THC products are sold at gas stations, vape shops, or online.

Nearly all delta-8 THC comes from CBD derived from hemp, not cannabis. Because delta-8 is found naturally in very small amounts in the hemp plant, nearly all delta-8 THC is synthetically produced in a lab and concentrated through a chemical process. Typically, this process involves mixing CBD with an acid to produce delta-8 THC. This production method has raised concerns over potentially harmful chemicals used and their presence in delta-8 products.

Delta-8 may be able to provide several benefits with a less psychoactive effect. It can reduce nausea, pain, insomnia, anxiety, and depression. However, it does have some side effects including dry mouth, anxiety, panic attacks, red eyes, slowed reaction times, impaired coordination, dizziness, and even hallucination or paranoia in high doses.

The Legal Landscape of Delta-8

At the federal level, delta-8 is legal and unregulated, however, various states have banned it and some others are working on regulation. The 2018 Farm Bill legalized hemp-derived THC as long as they contain 0.3% or less of THC by dry weight. There are 17 states where delta-8 THC is banned and 7 more states where it is severely restricted. However, making delta-8 Recently, an amendment proposing redefining hemp was added to the draft 2024 Farm Bill, potentially closing loopholes in the bill and affecting the legality of delta-8 THC. This amendment proposes to only include naturally occurring, naturally derived, and nonintoxicating cannabinoids. If passed, it would make products containing intoxicating hemp-derived cannabinoids, including delta-8 THC, illegal.

Delta-8 in Florida

Delta-8 THC is legal to buy, sell, possess, use, or cultivate in the state of Florida. The state follows federal law which legalizes hemp-derived products as long as they do not contain more than 0.3% of THC per dry weight. Both Florida residents and visitors can buy and use delta-8 THC legally within Florida’s border, which means you cannot cross state lines with it. Individuals 18 and over can purchase certain delta-8 products like edibles, capsules, and tinctures. Smokable delta-8 products like hemp flower, vapes, and pre-rolls are only sold to people 21 years and older.

Recently bill SB 1698 moved through Florida’s legislative process that sought to ban the sale of delta-8 hemp products and other hemp products with other cannabinoids, including delta-10. However, it was eventually vetoed meaning delta-8 remains legal in Florida. In November, Florida voters will be able to decide to legalize recreational marijuana in the state allowing medical marijuana license holders to sell to recreational buyers.  

Health and Safety Concerns

Although delta-8 is federally legal, it is not regulated. This means that safety, strength, and purity cannot be guaranteed and be potentially dangerous. Calls to America’s Poison Centers about delta-8 products spiked 82% from 2021 to 2022, causing concern among many public health experts. Unlike delta-9 THC, which is naturally occurring in relatively high concentrations and strictly regulated, delta-8 products are synthesized in a lab using potentially harmful chemicals. Consumers of unregulated products, like delta-8, cannot be sure what is in them or if labeled dosages are correct.

Even though delta-8 is regarded as less potent, a high enough dose can still cause severe side effects such as hallucinations or paranoia. Many products look kid-friendly as well, in the form of gummies, hard candy, and cookies. Packaging may make it difficult to distinguish from a brand-name food product, which children may accidentally ingest. Delta-8 can be habit-forming or cause dependence which can lead to addiction.  

The Role of The FDA and Other Regulatory Bodies

The Food and Drug Administration (FDA) regulates drug products with cannabis or cannabis-derived compounds as it does with other pharmaceuticals, but not products like delta-8. In 2022, the FDA issued a public warning about delta-8, saying the products may be marketed in a way that puts the public health at risk and should especially be kept out of reach of children and pets. They are concerned about the process used to synthesize Delta-8 THC, as it may contain impurities or composition variations which can result in harmful or unpredictable effects on users.

Consumer Considerations

Consumers should be aware that delta-8 THC products have not been evaluated or approved by the FDA. This means there is no guarantee that what is printed on delta-8 products is accurate and they could be putting themselves at risk. Some adverse effects reported to the FDA included hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness. Delta-8 THC has psychoactive and intoxicating effects, although mild they can still cause impairment, and consumers should never drive or operate heavy machinery when using. Unregulated products also do not guarantee dosage, so consumers may accidentally take delta-8 than intended which can lead to adverse effects.

The use of potentially harmful chemicals to create concentrations of delta-8 THC should also be a concern. Some companies use additional chemicals to change the color of the final product as well. Manufacturing could also take place in uncontrolled or unsanitary settings, leading to the presence of unsafe contaminants.

Delta-8 THC and Addiction

While it may have a lower risk of addiction, there is still a possibility of developing a dependence on delta-8 THC. Like other cannabinoids, delta-8 acts on the endocannabinoid system, which plays a role in the brain’s reward system. This interaction can lead to addiction, especially in individuals predisposed to substance abuse. Some signs you have developed an addiction to delta-8 include:

• Needing more delta-8 THC to gain the same effects, is also known as developing a tolerance.
• Withdrawal symptoms, including irritability, insomnia, and cravings.
• Neglecting responsibilities due to increased use of delta-8 THC.
• Inability to cut back or stop use even when experiencing negative effects.
• Using more of the substance than intended or for longer periods.
• Spending an increased amount of time obtaining, using, or recovering from delta-8 use.
• Experiencing anxiety, depression, or paranoia.
• Using delta-8 in risky ways, such as while driving.

Treatment Options for Delta-8 THC Abuse

Overcoming delta-8 THC abuse or addiction often requires professional treatment. WhiteSands Treatment offers comprehensive drug and alcohol addiction treatment programs through various levels of care to help any type of delta-8 dependence. We provide patients with personalized treatment plans that include a variety of evidence-based therapies such as cognitive behavioral therapy (CBT) and dialectical behavioral therapy (DBT). Programs will also include holistic treatments, group therapy, relapse prevention, and life skills programming to address all areas of the person’s life affected by addiction.

If you or a loved one are struggling with delta-8 dependence or addiction, please give us a call today at (877) 855-3470. Our intake specialists can provide you with your treatment options and get you started on the admissions process as soon as possible.

If you or a loved one needs help with abuse and/or treatment, please call the WhiteSands Treatment at (877) 855-3470. Our addiction specialists can assess your recovery needs and help you get the addiction treatment that provides the best chance for your long-term recovery.