As an isomer of Delta-9, Delta-8 has the same chemical formula, but a different arrangement of atoms in the molecule.
Even though it is not as potent as Delta-9, Delta-8 is included on the DEA’s list of controlled substances under “tetrahydrocannabinols” and thus, it is a controlled Schedule 1 drug.
The DEA’s Drug Fact Sheet on K2/Spice, the “fake weed” that hit the streets with vengeance about 10 years ago, states that, “synthetic cannabinoids are not organic, but are chemical compounds created in a laboratory.” Most will agree that a naturally occurring compound such as Delta-8 THC, isn’t the equivalent of K2 or Spice, which are chemical substances synthetically made to mimic cannabinoids.
However, the US Cannabis Council argues that there is no Farm Bill loophole; the 2018 Act does not legalize the production of psychoactive drugs simply because the base material has been extracted from hemp.
And it isn’t only adults getting sent to the emergency room because of Delta-8, a boy in Omaha and two children from Wisconsin were also hospitalized for non-lethal overdoes.
In fact, over 12 states have adopted specific measures to ban Delta-8 sales, while other states such as Illinois, Oregon, and California are adopting regulatory frameworks that allow for Delta-8 THC or any THC only if it is tested, verified, and sold through the regulated marketplace.
Similarly, the North Carolina Department of Agriculture has noted that the “DEA takes the position that synthetically derived THC is illegal as a controlled substance.
Nevada has gone a step further to specifically include Delta-8 in its definition of cannabis.
With the green-light from the state, manufacturers in Florida represent one of the principal sources of Delta-8 THC products sold in other states and via the internet.
With outright bans coming from some states and the green-light to sell coming from others, the Hemp Industries Association is calling for a middle ground, regulation.
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