It’s a disturbing trend that seems to be growing and the effects will reach beyond state borders. The call to ban Delta 8 is gaining momentum and it will have an impact across North America. From the latest developments to the effect it has, here’s a look at the legal situation surrounding Delta 8 THC.
Until recently, Delta 8 THC has not been available because it’s been too tricky to harvest. Naturally, it occurs in very small quantities but it can be converted from either CBD or Delta 9 THC. The process is all about extraction and conversion. The first step is extracting cannabinoids from raw plant material. Once the CBD or Delta 9 THC is separated, the concentrate is processed and refined to convert the atomic makeup. The process requires the use of chemical solvents and those are purged as a final step. When done properly, lab testing proves the end results are safe.
In most cases, hemp is the most common source for Delta 9 and this is for a couple of reasons:
Legally speaking, there is less red tape surrounding hemp production. There are fewer licenses, application fees, and bureaucratic requirements for working with hemp as opposed to THC.
Because of the lack of THC involved, most if not all of that state’s cannabis regulations do not apply to the final Delta 8 product. When derived from hemp, Delta 8 THC fits into a very interesting legal loophole, one that allows for international export.
So if this cannabinoid is so beneficial and can’t get you high, what exactly is the problem? The issue is with the production process; it creates two specific issues:
The production of Delta 8 THC is technically legal, but lawmakers worry that consumers aren’t protected. Technically, manufacturers can avoid any state-mandated quality control measures and sell the product without any legal hindrance.
Because of the atomic conversion, Delta 8 THC is classified as a synthetic cannabinoid. It requires chemically altering other molecules — it’s a designer drug. This schedules Delta 8 THC into a completely different classification than natural cannabinoids. It’s a grey area that many are looking to avoid.
Delta 8 THC Ban
When there is no Delta 9 THC involved, cannabis regulations don’t have to apply, unless the product is banned. As it turns out, many states have chosen to go this route. Florida is creating a legal framework for Delta 8 THC. On July 19, 2021, New York moved to ban synthetic cannabinoids and this will include Delta 8 THC.
Currently, Delta 8 is banned or restricted in Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.
The United States is a major manufacturer and importer of many of the Delta 8 THC products available in Canada. As more states move to ban Delta 8 THC, Canadian consumers can expect to see issues with supply. The medical cannabis community will be hit hardest by this but hopefully those most affected will find a suitable replacement.
Have you ever tried or do you use products with Delta 8 THC? What kind of benefits do you experience? Please share your experience with us in the comments below.