What is Delta-8 THC and Is It Legal?

Delta 8 THC has become increasingly popular due to its similar effects to Delta 9 THC but with less intense psychoactive effects & legal status.

What is Delta-8 THC and Is It Legal?

Delta-8 THC, often simply referred to as THC, is the most abundant psychoactive cannabinoid found in marijuana and remains federally illegal, classified as a Schedule I controlled substance. Delta-8 THC is normally only present in trace amounts in the cannabis plant, and its chemical structure is similar to Delta-9 THC. In states that haven't legalized marijuana, this has created a booming market for new products that look and act like illegal products. At the federal level, there is no regulation for Delta-8 THC.

In more than 30 states, there are no state restrictions and it sells with little regulation. Cannabis use is not allowed in motor vehicles (even if parked) or in outdoor dining areas of restaurants. Smoking or vaping cannabis in prohibited areas can result in a civil subpoena and a fine. The new law expands medical cannabis eligibility, increases the number of caregivers allowed per patient, allows prescriptions up to 60 days (before 30) and allows buying cannabis for smoking at medical cannabis dispensaries.

Once regulations are finalized, certified medical cannabis program patients will also be able to grow up to six plants at a time at home. To learn more about whether medical cannabis could help you, talk to your healthcare provider. Under Federal Law, Possession and Use of Cannabis in All Its Forms Remains Illegal. There are some FDA-approved prescription drugs that contain cannabis-derived products, such as CBD, or are made with synthetic cannabis-related products. For more information on federal law, visit the FDA website on cannabis and cannabis products.

Cannabis (also known as marijuana) is the second most widely used recreational drug in New York, after alcohol. You can smoke, vape, or eat as food or drink (edibles), producing reactions such as a feeling of relaxation and euphoria, anxiety and increased heart rate. Cannabis plant contains hundreds of compounds, including THC (delta-9-tetrahydrocannabinol). THC is a psychoactive compound that makes people feel high. Different forms of cannabis contain different amounts of THC and produce different effects.

The more THC a cannabis product contains, the stronger the effect. Concentrates, such as drops, wax and oil, can have much higher amounts of THC between 40% and 90% than other forms of cannabis, which usually have around 20% THC. Concentrates can cause a faster and more intense effect than other forms of cannabis and may increase health risk. Cannabis added to foods and beverages has a delayed and long-lasting effect than smoked or vaporized cannabis. A person's reaction to cannabis can also be affected by their age, height, weight, health status, medications taken, tolerance, and what other foods, liquids and drugs they consumed that day. The legal status of cannabis has made it difficult to study its health effects.

As more states legalize cannabis for adult and medical use, there has been an increase in research into the benefits and risks of cannabis. However, the study of cannabis remains restricted by its classification as a Schedule I controlled substance by the federal government. The following information is based on studies that have provided strong evidence of how cannabis can affect health. However, at this time more information is needed to better understand the health risks and benefits of cannabis use. Some people may experience immediate and unwanted reactions after using cannabis.

These effects may be due to taking a type or amount of cannabis that they are not used to or to taking multiple doses in a short time. CBD is one of the compounds in the cannabis plant and a chemical by-product of industrial hemp. Unlike THC, CBD doesn't induce a high or cause deterioration. People use CBD for different reasons but there is no solid evidence of its health effects. CBD products that have less than 0.3% THC are legal under federal law. However, the FDA has not approved the use of CBD in food and beverages making it illegal in New York City to sell foods or beverages containing CBD.

The Department of Health can issue violations to food service establishments and retailers that offer food or beverages containing CBD. If you're a foodservice operator learn more about CBD sales laws. NYC is a trademark and service brand of New York City. Some popular cannabis products may be derived from hemp and therefore legally purchased and sold (under certain conditions). A prominent example is cannabidiol popularly known as “CBD”.CBD is sold in numerous products and is a popular alternative remedy.

Another more recent example is delta-8-tetrahydrocannabinol (Δ8-THC), which is an isomer of Δ9-THC. The AIA does not affect the control status of tetrahydrocannabinols of synthetic origin (for the controlled substance with code number 7370) because the legal definition of “hemp” is limited to materials that are derived from the plant Cannabis sativa L.For tetrahydrocannabinols of synthetic origin the concentration of Δ9-THC is not a determining factor in determining whether the material is a controlled substance. All tetrahydrocannabinols of synthetic origin remain Schedule I controlled substances. But whether Δ8-THC that is synthesized from CBD is a “synthetically derived” tetrahydrocannabinol remains an open question. In fact in response to a letter from the Alabama Board of Pharmacy regarding the status of Δ8-THC under the Controlled Substances Act the Drug Enforcement Agency (DEA) stated that Δ8-THC “synthetically produced from non-cannabis materials” is controlled under the CSA as a “tetrahydrocannabinol”.One interpretation of the CSA could be that Δ8-THC synthesized from CBD that was extracted directly from hemp is not a controlled substance.

Another interpretation could be that the hemp exemption only applies to what is extracted from the plant but potentially not to products made from such extracts. However trademark decisions of the United States Patent and Trademark Office (USPTO) indicate that the agency takes a different view of the federal legality of Δ8-THC. At this early stage it could be a mere aberration or it could be a harbinger of future actions by other federal agencies. This is an important topic for all members of the cannabis community and of particular importance to those seeking federal brand protection for their Δ8-THC products. Second the actions taken by USPTO suggest that Δ8-THC derived from hemp may not be exempt from control under federal law even if it meets all other requirements for exemption under state law.