The popularity of Delta 8 THC has soared in recent years and has opened a new market for the Cannabis community. It was officially published as a cannabinoid in 1941 by Roger Adams, and has remained hidden from the mainstream for a majority of that time. Only recently has Delta 8 THC become a commodity. With this, the legality of Delta 8 comes into question. Because of Delta 8’s extraction method and location in the plant, it is considered a CBD product, which allows it to be federally protected and legal. On the other hand, weed has remained a schedule one drug since 1970 with the passing of the controlled substances act. Still today, not much has changed on a federal level for the traditional form of THC. There remains this legal dissonance between our national and state governments that hinder the people and private businesses. Because of this legal gray-area, most cannabis-related businesses receive no financial support from banks or investors. This lack of clarity impedes the growth of the entire industry and prevents medical progress in the process.
So what about Delta 8 THC?
Interestingly enough, Delta 8 THC is NOT a schedule one substance. Not only is it excluded from that list, but it is also federally legal. You may be wondering why there is such a vast difference in legality between these two things when molecularly Delta 8 THC and Delta 9 THC are nearly identical. The answer lies in the passing of the 2018 Farm Bill which legalized the sale and cultivation of hemp on a federal level. Because delta 8 THC is derived from hemp, it falls under the protection of this bill and is completely legal. Delta 8 THC can be classified similarly to CBD which provides many advantages to the consumer and producer.
So what about each individual state?
Even though Delta 8 THC is federally legal, each individual state has the right to find it legal or not. A total of 39 states have classified it as a cbd product, allowing vendors to sell the product freely. Depending on where you live, you may have even seen Delta 8 THC in your local gas station. This is due to the fact that these states see Delta 8 THC as a CBD product and interpret the 2018 farm bill in the same way as the federal government There are states that have not allowed the sale or production of Delta 8 though. If you live in Alaska, Arizona, Arkansas, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah and most interestingly Colorado, sale of Delta 8 is prohibited.
Even though Delta 8 has hurdles to overcome, this cannabinoid has the potential to transform the cannabis industry. Taking into account it’s derived from hemp, cheaper, and provides a more desirable effect than Delta 9 for most people, the coming years may find Delta 8 to have a larger cultural impact than any cannabinoid before it.
Considering these points, Delta 8 THC has massive promise in becoming the modern face of cannabis. As new forms of Delta 8 are released and s research and technology progress, more companies and people gain a greater understanding of what this cannabinoid has to offer both medically and recreationally. As an industry, we’ve only scratched the surface of this cannabinoid’s benefit.
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