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Delta-8 THC, generally made from hemp, falls under a legal gray area and can carry some health risks if you are not careful.

Here is what you need to know about delta-8 THC.

What Is Delta 8 THC?

Delta-8 THC is a mildly intoxicating cannabinoid found in trace amounts in hemp and cannabis.

Delta-8 THC works similarly to delta-9 THC, the primary intoxicating compound in the cannabis plant. The difference in chemical structure between delta-8 THC and delta-9 THC is the cause of their difference in potency.

The majority of delta-8 products are made from hemp, which is legal to grow in the US. Generally, processors extract CBD isolate from hemp and then synthesize it into delta-8.

An acid reagent is used to trigger a chemical reaction in the CBD isolate. The extract is then neutralized with an alkaline material. Delta-9 THC is purged from the extract leaving behind a pure delta-8 product.

Delta-8 THC Effects

What is delta 8 like as far as the effects? Similar to delta-9 THC, delta-8 THC can produce euphoric and relaxing effects.

Delta-8 THC’s subdued effects can provide mild relief for minor aches and pains. It does not produce an intense high like delta-9 THC. Still, research on delta-8’s effects, benefits, and risks is still in its infancy.

Delta-8 Side Effects

Delta-8 THC’s side effects are similar to delta-9 THC’s side effects. Common side effects include:

  • Dry and red eyes
  • Dry mouth
  • Slow or fast heart rate
  • Low blood pressure
  • Delayed reaction times
  • Confusion
  • Anxiety
  • Paranoia
  • Drowsiness
  • Short term memory loss
  • Motor control problems

Apart from its common and mild side effects, delta-8’s manufacturing process using hemp-derived CBD may produce harmful byproducts in the final product, especially if it is not tested by an independent lab for purity and potency.

In some cases, untested delta-8 products can contain delta-9 and delta-10 THC compounds. Research on delta-10 THC is also limited.

While these THC derivatives may not cause adverse side effects, there still may be harmful byproducts that can be unsafe to consume.

Does Delta-8 THC Produce a High?

Delta-8 THC has a similar but different chemical structure as the highly intoxicating delta-9 THC compound. While delta-8 THC can produce a high, it is much milder than a high from delta-9 THC.

Is Delta 8 THC Legal?

A majority of delta-8 products are made from hemp-derived CBD. The 2018 Farm Bill legalized the production of industrial hemp products.

Hemp products with less than 0.3% THC are legal now, but the bill does not address delta-8. As a result, many hemp producers use this loophole to sell delta-8 products across the country.

Delta-8 is now one of the fastest-growing products in the hemp market. Due to the unregulated nature of the market, many in the industry are worried about potential impurities and lack of testing in the production of delta-8 THC.

Due to these concerns, many states, including Colorado and New York, have banned the use of Delta-8 THC.

Delta-8 THC vs. Delta-9 THC: What Is the Difference?

what is delta 8

Delta-8 THC and delta 9 THC both produce intoxicating effects, although delta-8 THC’s high is much more subtle than delta-9 THC’s high.

In terms of their chemical structure, both compounds have double bonds and a chain of carbon atoms. Delta-8 THC has its double bonds on the eighth carbon atom, while delta-9 has it on the ninth carbon.

Benefits of Delta 8

Due to the novelty of the compound and the trace amounts found in cannabis, there is not too much research on delta-8 THC.

Much of its medical uses have been anecdotal reports on social media posts, forums, blog posts, and more. What medical uses are delta8 used for?

 Users have reported using delta-8 for the following:

  • Depression
  • Nausea
  • Loss of appetite
  • Pain
  • Insomnia
  • Side effects of cancer treatment

The benefits of delta 8 THC, is sometimes believed to be a compromise between CBD and delta 9 THC.

In a manner analogous to that of Delta 9 THC and CBD, it binds to the CB1 and CB2 receptors, so making a contribution to the control of homeostasis inside the body.

Because of the diminished potency of its effects, it is a more prudent choice for people who wish to steer clear of the anxiety and paranoia that are occasionally brought on by Delta 9 THC.

It is possible that it is more efficient than Delta 9 THC in stimulating appetite, as some research suggest that its effect on appetite could be twice as great.

While delta-8 THC has seemingly worked for many users, the limited research does not fully support these claims. For this reason, we recommend users take caution when buying and using delta-8 products. Many of these products may not be safe to use.

Delta-8 Safety

There is some controversy in the industry surrounding the sale and use of delta-8 THC products such as pre-rolled joints, tinctures, and vapes.

Since delta-8 THC production is not regulated properly, the synthetic production of delta-8 THC from hemp can create harmful compounds that can cause adverse side effects.

Where Are Delta-8 THC Products Sold?

Delta-8 THC products are available nearly everywhere nowadays from gas stations to convenience stores to dispensaries to online retailers.

Customers can buy a wide range of delta-8 products including edibles such as gummies and candies, tinctures, pre-rolled joints, beverages, and vape pens.

Keep in mind, delta-8 products vary in quality. We recommend doing as much research about the producer and their products.

Look up how they source their cannabis or hemp and their processing methods that make delta-8 THC. Always choose products that have been lab tested for harmful substances. Delta 8 thc products are being sold all over the US and sometimes by suspect retailers.

How Long Does Delta 8 Remain in The Body?

There are several factors affecting the elimination of delta 8 from the body.

They include:

  1. Metabolism. It’s the main factor that’s in charge of delta 8 elimination. If you have a fast metabolism, it won’t take long for delta 8 THC to leave your body.
  2. Body Weight. It’s another factor that plays a huge role, since fat cells can store delta 8 THC. The higher body weight you have, the longer delta 8 THC will retain in your system.
  3. Dosage. People taking high doses of delta 8 retain the compound in their system for longer, so it’s important to keep the dosage in mind.
  4. Frequency of Use. Besides the dosage, frequency of use also affects the retention of delta 8 THC. It can take longer for delta 8 to leave the body of a constant user than just a beginner.
  5. Method of Consumption. There’s a variety of delta 8 THC products, from capsules and edibles to topicals and vape cartridges. The inhalation of delta 8 THC, for instance, provides a faster elimination from the body compared to edibles.
  6. Certain Medications. It’s not recommended to use delta 8 THC with other medications since they can interact negatively, and they also affect the retention of delta 8 THC in the body.

In some people delta 8 THC can still be detected in the body after 30 days after consumption, and in others, delta 8 isn't detectable after two days. So it’s important to consider the factors mentioned above.

Delta-8 THC vs. CBD: What’s the Difference?

delta 8 vs cbd chart

While they share many similarities in effects, it is vital to understand the critical differences in their legality, effects, and potency.

Processing

CBD is found in higher concentrations in the hemp plant. Cannabis plants can be bred to contain a higher percentage of CBD. However, most CBD products are made using hemp.

Hemp-derived extracts, topicals, and edibles are made using a CBD concentrate. CBD can be extracted using solvent-based and solventless extraction processes.

Delta-8 THC is usually made with the hemp plant and found in very small concentrations. Using a closed-loop extraction process, processors extract a CBD isolate from the plant material and use a synthetic process to convert the CBD isolate into the delta-8 cannabinoid.

Due to the lack of regulation on delta-8 products, there is a higher risk of products containing contaminants.

Legality

The 2018 Farm Bill legalized the industrial production of hemp plants that contain less than 0.3% delta-9 THC by dry weight. Cannabis products containing a THC percentage over this limit are a Schedule I substance that is federally illegal.

Under federal law, there is no explicit prohibition of delta-8 THC, which is a loophole used by producers and processors to “legally” sell delta-8 THC products in a legal gray area. As a result, many states have moved to restrict or ban delta-8 THC. At the moment, its legal status is unclear.

Delta 8 Effects

In terms of psychoactive effects, delta-8 THC and CBD affect the mind and mental state differently. For example, CBD does not cause an intoxicating effect. Delta-8 THC is known to produce a milder form of intoxication compared to its delta-9 THC analog.

In high doses, delta-8 THC can produce effects of overconsumption, especially for first-time or low-tolerance users.

Both CBD and delta-8 THC have been shown to provide pain relief, anxiety relief, anti-inflammatory effects, and cancer-inhibiting properties. Delta-8 may stimulate appetite, while CBD can suppress appetite.

Delta 8 Side Effects

Most people experience no side effects from CBD, although it can produce mild side effects such as dry mouth, lack of appetite, and sleepiness.

Delta-8 THC’s side effects include fatigue, reduced heart rate, and low blood pressure. Most adverse effects from delta-8 THC reported to poison control centers are due to accidental consumption of edibles.

Delta 8 Drug Testing

Most CBD products that have been lab-tested will not make you fail a drug test. However, when you eat a delta-8 THC edible, the cannabinoid is metabolized in the liver and converted into a THC metabolite detected by a urine drug test.

There is little risk for failing a drug test when delta-8 is inhaled or consumed sublingually or topically.

Delta 8 Laws in the United States

As many states restrict or outright ban delta-8 THC products, the Drug Enforcement Administration (DEA) has announced that Delta-8 THC is federally legal.

While many companies race to ramp up the production of delta-8 products across the country, industry experts warn that there may still be some compliance issues with the production of hemp-derived delta-8. Is delta8 legal? Not always.

DEA Maintains a Consistent Stance on Delta-8 THC

The DEA’s recent announcement on delta-8’s legality echoes a similar statement from a June 2021 virtual town hall hosted by the Florida Department of Agriculture and Consumer Services.

DEA Chief of Intergovernmental Affairs Sean Mitchell responded to a question about the legality of delta-8 THC.

Mitchell said, “what I want to say, and I'll be very, very deliberate and clear, at this time—I repeat again, at this time—per the Farm Bill, the only thing that is a controlled substance is delta-9 THC greater than 0.3% based on a dry weight basis.”

States Restrict or Ban Delta-8

In light of unclear federal regulations on delta-8 and other hemp derivatives, many states have taken matters into their own hands. For example, they have passed rules to restrict or ban hemp-derived cannabinoids, including delta-8.

Regardless of how the DEA’s announcement is interpreted, whether you think delta-8 is legal or not, state regulations surrounding this cannabinoid are still in effect. The announcement does not overrule any delta-8 bans.

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States began regulating the drug after the hemp-derived products market started to snowball. Currently, 19 states have restricted or banned the drug, with a handful of more states moving in the same direction.

FDA Warns Consumers About Delta-8 Products

In the meantime, the Food and Drug Administration (FDA), tasked with regulating cannabis-derived products, has warned customers about the possible adverse health effects of consuming contaminated delta-8 products.

To understand the cannabinoid better, the agency announced in October 2021 that it would use Reddit and other new data sources to learn more about how CBD and cannabis derivatives like delta-8 are being used.

According to their Cannabis-Derived Products Data Acceleration Plan, the agency “needs robust information about potential safety problems or adverse events associated with FDA regulated products, including [cannabis-derived products].”

The FDA plans to research these data sources for how the products are being used and consumer trends to protect consumers and regulate the relatively new industry.

U.S. Patent and Trademark Office Says Delta-8 Is Illegal

The United States Patent and Trademark Office (USPTO) has taken a firm stance on its trademark policy regarding delta-8 products.

So far, about 40 trademark applications for delta-8 products and services have been filed, and only five have been taken up. The USPTO rejected all trademarks and cited the federally illegal status of delta-8.

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Fred Hernandez - Cannabis industry expert writer
Fred Hernandez

Fred Hernandez is a highly accomplished and versatile writer, boasting an extensive background in the cannabis industry. With an in-depth understanding of various sectors including cultivators, processors, retailers, and brands, Fred's expertise spans across the entire cannabis landscape. As a prominent contributor to CTU, he consistently delivers insightful articles exploring the latest developments, news, and regulations shaping the cannabis industry. Whether it's delving into the intricacies of cannabis products, cannabis strain reviews, or providing comprehensive analyses of cannabis laws, or sharing expert insights on cannabis cultivation techniques, Fred's wealth of knowledge positions him as an invaluable writer and educator for all cannabis-related subjects.

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