The History and Legality of Delta 8

Delta 8 THC, or delta-8-tetrahydrocannabinol, is a psychoactive compound found in the cannabis plant. It has been gaining popularity in recent years for its purported medicinal and recreational benefits, and its legal status in the United States has been a topic of much debate. In this article, we will explore the history of delta 8, its current legal status in the United States, and the controversies surrounding its legality.

History of Delta 8

Delta 8 THC was first isolated in the 1970s by Raphael Mechoulam, an Israeli chemist who is often called the father of modern cannabis research. Mechoulam was also the first to isolate delta 9 THC, the compound that is primarily responsible for the psychoactive effects of cannabis.

Mechoulam and his team found that delta 8 THC is structurally similar to delta 9 THC, with only a slight difference in their chemical structure. Specifically, delta 8 THC has a double bond on the 8th carbon atom, while delta 9 THC has a double bond on the 9th carbon atom. Despite this small difference, delta 8 THC has been found to have different effects on the body than delta 9 THC.

Delta 8 remained a relatively obscure compound for several decades, with only a few studies conducted on its potential medical uses. However, in recent years, delta 8 has gained popularity as a legal alternative to delta 9 THC, which remains illegal at the federal level in the United States.

Legal Status of Delta 8

The legal status of delta 8 is somewhat complicated, as it falls into a legal gray area. Delta 8 THC is not specifically listed as a controlled substance under the federal Controlled Substances Act (CSA). The CSA only lists delta 9 THC as a Schedule I controlled substance, meaning it is illegal to produce, distribute, or consume.

However, the legal status of delta 8 is still up for debate, as the DEA has not yet issued a clear ruling on whether it is legal or illegal. Some argue that delta 8 is covered by the CSA's definition of tetrahydrocannabinol, which includes "all isomers, esters, ethers, salts, and salts of isomers" of THC. If this is the case, delta 8 would be considered a Schedule I controlled substance.

On the other hand, others argue that delta 8 is not covered by the CSA's definition of tetrahydrocannabinol, as it is a naturally occurring compound found in the cannabis plant. In August 2020, the DEA issued an interim rule stating that all synthetically derived tetrahydrocannabinol are illegal under the CSA, but this rule does not specifically mention delta 8.

As a result, some states have taken their own measures to regulate delta 8. For example, in September 2020, the state of Michigan issued a bulletin stating that delta 8 is considered a Schedule I controlled substance under state law. Other states still need to take a clear stance on the legality of delta 8.

Controversies Surrounding Delta 8

The legal gray area surrounding delta 8 has led to some controversies, particularly in the cannabis industry. Some manufacturers have begun to produce delta 8 products, such as edibles and vape cartridges, and market them as legal alternatives to delta 9 THC products. However, the legality of these products is still uncertain, and some have raised concerns about the safety and quality of these products.

One concern is that delta 8 products may be contaminated with harmful substances. Because delta 8 still needs to be regulated by the FDA, there are no guidelines for manufacturers to follow regarding quality control and safety testing. As a result, some products may contain harmful substances such as heavy metals, pesticides, or residual solvents used in the manufacturing process.

Another concern is that some consumers may mistake delta 8 products for delta 9 THC products and consume them in higher quantities than they intended. This could lead to unwanted side effects, such as paranoia, anxiety, and impaired coordination.

Despite these concerns, many proponents of delta 8 argue that it has potential medical benefits and should be studied further. Some studies have suggested that delta 8 may have anti-inflammatory, analgesic, and neuroprotective properties and may be helpful in treating conditions such as chronic pain, anxiety, and nausea.

Conclusion

In conclusion, the legal status of delta 8 THC in the United States remains a topic of much debate. While it is not specifically listed as a controlled substance under the federal Controlled Substances Act, its legal status is still uncertain. Some states have taken their own measures to regulate delta 8, but others have not yet taken a clear stance.

The legal gray area surrounding delta 8 has led to some controversies in the cannabis industry, particularly in regards to the safety and quality of delta 8 products. While some argue that delta 8 has potential medical benefits and should be studied further, others have raised concerns about its potential for harm if not properly regulated.

As the cannabis industry continues to evolve, the legal status of delta 8 will likely become clearer in the coming years. In the meantime, it is important for consumers to be informed about the potential risks and benefits of delta 8 products and to only purchase them from reputable manufacturers who follow strict quality control and safety testing protocols. 

On January 24th, House bill 403 was filed for introduction in Tennessee. “As introduced, regulates the production and sale of hemp-derived cannabinoids, including products known as delta-8 and delta-10” (Tennessee General Assembly, 2023). It intends to amend existing policies on mental health, substance abuse, intellectual and Developmental Disabilities, and more. Read the full blog post to learn more. 

At Gold Spectrum, we pride ourselves on the transparency of what goes into our products and provide a certificate of analysis (COA) for each one we sell. A COA includes information such as the concentrations of each cannabinoid and where and when the batch was produced. 

Should you have any questions, we pride ourselves on transparency and customer support to better understand our products. Please feel free to chat with us on our website or email us at info@goldspectrumcbd.com. 

Citations:

1. Mechoulam, R., & Gaoni, Y. (1965). A total synthesis of dl-Δ1-tetrahydrocannabinol, the active constituent of hashish. Journal of the American Chemical Society, 87(14), 3273-3275.

2. Mechoulam, R., & Hanuš, L. O. (2000). A historical overview of chemical research on cannabinoids. Chemical Physics Letters, 327(1-2), 3-7.

3. National Institute on Drug Abuse. (2021). Marijuana DrugFacts. Retrieved from https://www.drugabuse.gov/publications/drugfacts/marijuana.

4. Project CBD. (2021). Delta-8-THC. Retrieved from https://www.projectcbd.org/delta-8-thc.

5. Substance Abuse and Mental Health Services Administration. (2021). Legalization of Marijuana: Impact on Health, Safety, and Security. Retrieved from https://www.samhsa.gov/sites/default/files/marijuana-legalization-impact-on-health-safety-security.pdf.

6. Vandevoort, J. T., & Raber, J. C. (2020). Regulatory grey areas in the emerging hemp and cannabis-derived products market. Journal of Natural Products, 83(6), 1725-1733.