These days, the atmosphere surrounding the increasingly popular Delta 8 and the rest of the THC variants is constantly changing. It’s important to stay on top of these fluctuations as an informed consumer and we’d like to help!
This article will be explaining some of the facets behind the production of hemp derived THC compounds (often interchangeably described as “analogues” and “isomers”) and the recent legal changes across the country. We’ll start with the elephant in the room: everything going on with Delta 8.
What’s Up With Delta 8?
To oversimplify the situation: Delta 8 has appeared on the radars of state and federal regulators, who are now moving to bring this cannabinoid and others like it under tighter government control- or flat-out ban them all together.
Regulation is definitely a good thing, as it keeps our industry honest and our products clean; the policies of prohibition, on the other hand, have a proven track record of failure and carry a body count in this country. And while we’d all like to see the government regulate the cleanliness and safety of the products we manufacture and consume, all while generating some tax revenue to further improve our nation, we’re currently seeing the usual figureheads mounting the same old prohibitionist calls for outright bans and ignoring the general public’s will and best interests.
Delta 8’s Legal Status
Though Delta 8 is currently banned in a growing number of states (see below), it remains a federally legal hemp derivative. It’s worth noting that neither industrial hemp nor federally prohibited cannabis produce measurable quantities of Delta-8 THC on their own, but hemp derived CBD is easily converted into Delta 8 with a chemical reaction with a catalyst. However, neither CBD nor Delta 8 can be converted into the federally prohibited Delta-9 THC via a simple interaction with heat.
This means that Delta 8 is considered a derivative of CBD in every sense of the government’s current definitions; since CBD and other derivatives are considered “hemp” by the 2018 Farm Bill, and since hemp derivatives have since been struck from the Controlled Substance Act, the compound remains legal- despite recent efforts by the DEA to see this changed.
Variations By State
With all of that said, it’s important to highlight the fact that individual states have begun moving to prohibit the sale, possession and use of hemp derived Delta 8- and the legal definitions of “THC” in some states have caused what amounts to an existing ban on the compound in these areas. Each of the following states has either recently banned Delta 8 or already had an effective ban in place prior to the rise in its popularity: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, Vermont and Utah.
There are some key points to note about this patchwork of legality. In some states, such as Colorado and New York, the manufacturing of hemp derived Delta 8 remains legal despite the prohibition of distribution, sales and consumption. And in many of these prohibition states, it’s still possible to find Delta 8 products- however, this is a dangerous practice for business owners to engage in and it’s only a matter of time before the distractions of a global pandemic are no longer misdirecting local officials away from these establishments.
Take our home of Colorado, for example: if you’re caught selling Delta 8 products in any kind of shop besides a licensed cannabis dispensary, the state can treat your case as if your business had been selling cannabis without a license, revoke your business license, heavily fine your organization and sentence you to jail time. And if you’re caught selling Delta 8 on the street, you’ll be treated like any other black market dealer.
Legality Of Other Forms Of THC
We don’t yet know how this patchwork of legal codes will affect the distribution, sale, possession and consumption of other hemp derived THC variants like THCV, THCP and THCO, but for the sake of the Silver Owl CBD Company’s continuing good health we’re going to assume that these compounds will be subjected to the same policies that govern the distribution, sale, possession and consumption of Delta 8. This means that we won’t be selling products containing these forms of hemp derived THC in states we’re excluding from our Delta 8 distribution when we start to work with them.
Delta 9’s Legal Status
While the national scene is starting to look a bit dicier for Delta 8 and the other forms of hemp derived THC, the social, political and legal atmosphere surrounding Delta 9 continues to improve. And though it remains federally illegal, Delta-9 THC is enjoying a renaissance in the public’s perceptions of the compound. Though the federal government has yet to reclassify cannabis and Delta-9 THC as anything other than Schedule 1 controlled substances (which are substances considered as having no known medicinal value and a high potential for abuse), there are promising signs that a historical change in national policy is on the horizon.
In the meantime, cannabis derived Delta 9 remains prohibited. However, hemp derived Delta 9 falls in a legal gray area very similar to the space occupied by Delta 8 when it first busted onto the scene. So we still won’t see any high potency, cannabis derived Delta 9 products selling across the country until the federal prohibition is lifted, but we’ll likely see an explosion in the popularity of low potency, hemp derived Delta 9 products that contain more than a few milligrams of this form of THC, but still less than the mandatory 0.3% per volume, in the coming months.
The Silver Owl CBD Company will continue serving its communities to the greatest extent it can and offering as many people as many hemp derived cannabinoids as possible. We believe that one day, perhaps not very far in the future, everyone in this country will have easier and more abundant access to all of the compounds these wonderful plants have to offer- on par with our nation’s access to CBD and industrial hemp flower.
And definitely keep an eye on us… you might be seeing some new releases along these lines of thought in the coming months! 😉