Since the passage of the Farm Bill by the USDA in 2018, many different cannabinoids have become federally legal. One of those cannabinoids is Delta 8 THC. A close cousin of Delta 9 THC, the main psychoactive cannabinoid in marijuana, Delta 8 also offers some psychoactive properties, but to a lesser extent. Delta 8’s euphoric high is more controllable than Delta 9. This difference is what is attracting the general public to Delta 8 over Delta 9. However, Delta 8 THC is creating a divide within the hemp and the cannabis industries as well.

Delta 8 THC

How is Delta 8 THC legal while Delta 9 THC is a Schedule I drug by the DEA? There’s a structural difference between Delta 8 and Delta 9. Delta 8 has a double bond on the 8th carbon chain. Compared to Delta 9 that has a double bond on the 9th carbon chain. That’s the biggest difference. And that’s how Delta 8 is different from Delta 9, enough to the point of legalization.

Within the Farm Bill, the definition of hemp is:

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

So, as long as a product contains less than 0.3 percent of Delta 9 within it, then it is legal to produce and sell. Thanks to the structural difference between Delta 8 and Delta 9, Delta 8 products naturally contain less than 0.3 percent of Delta 9 in them. This classification has opened up a whole new market for Delta 8 that wasn’t previously available until the legalization of the Farm Bill. 

Positives 

There is such a high demand for Delta 8 among consumers right now. The wholesale prices of Delta 8 have been skyrocketing. On the flip side, CBD prices have been falling, though still nothing to disregard. The demand for cannabinoids is very popular. In fact, many CBD producers are also producing Delta 8 products. Delta 8 can be created by altering the chemical composition and structure of CBD. So there’s no money lost in this new endeavor. 

Consumers are reporting that they enjoy the euphoric feeling that Delta 8 creates without any of the unwanted side effects of Delta 9. Those can include a clouded head, confusion, and increased paranoia and anxiety. Delta 8’s structural difference is what helps lessen the effects to a degree. 

Some states have even seen a higher demand for Delta 8 over Delta 9. There’s an incredibly high tax placed on Delta 9, which can make it almost a luxury item. Many who need access to even medical marijuana can’t achieve that because the cost is too high. Delta 8 offers the effects they need while being affordable and abundant in states that allow hemp production and sales. 

Negatives

Unfortunately, many producers and growers were taken by surprise with the Delta 8 demand. This has definitely slowed production, as many producers are looking for ways to legally make Delta 8 without infringing on the Interim Final Rule (IFR) the DEA set upon the USDA’s Farm Bill. The confusion comes from the IFR stating that at no point during the creation of Delta 8 THC or it’s products can the THC level go above 0.3. 

Well during the conversion process of turning CBD into Delta 8, there’s a chance THC levels will go above that limit. That would make the process illegal. And if a facility were to be inspected randomly and those higher levels of THC were found, they could be shut down. So there’s an inherent danger for producers of Delta 8 at all times. 

Other producers are saying that Delta 8 is simply a knockoff product of the real thing. It’s a fad that won’t last. Especially since the Delta 8 industry is built off of legal loopholes, making it’s legality less solid than CBD products.

Industry Impact

With this new cannabinoid route available and in high demand, some industry producers of both hemp and cannabis fear that lawmakers are going to see the effects that Delta 8 has on people. They approved hemp laws without even realizing that there were other cannabinoids within the cannabis plant that can cause psychoactive properties. There is the potential that lawmakers will try to ban Delta 8 as well as Delta 9, or even the whole hemp and cannabis industries as a whole. 

Others are calling Delta 8 a cheap knockoff of the real thing, saying that the only reason that Delta 8 is in high demand is because there is less access to Delta 9 across the country than Delta 8. Why would they want to support a cheap knockoff when the real deal is better? It’s these thoughts at continue to perpetuate the Delta 8 THC divide.

Argument

The counterargument is that Delta 8 provides some aspects of CBD as well as Delta 9. There are anti-inflammatory properties, as well as a decrease in anxiety and depression according to recent Delta 8 research. Additionally, Delta 8 has been shown to increase appetite and reduce nausea and vomiting effects. 

However, for the cannabis industry, that has had to fight against so many regulations and setbacks, finds that Delta 8 is an irresponsible choice for consumers. Marijuana producers are under so much scrutiny and regulation just to release a product in limited locations. Just because a state has legalized recreational cannabis usage doesn’t mean that each county or jurisdiction has. So there are even further restrictions for cannabis. 

The cannabis contenders are the hemp producers, especially the Delta 8 producers. If a state allows for hemp to be grown, bought, and consumed, then it is legal within the entire state. All a business needs to do is get a license to sell the product and then Delta 8 can be in every smoke shop, drug store, and gas station across the state. Cannabis industry producers are saying, if they have to be so severely regulated, then Delta 8 THC should too. The similarities are too similar for one to be regulated over another. 

Takeaway

Whichever side of the debate you stand on, it’s clear to see the impact that Delta 8 is having on both hemp and marijuana. The trend seems to be growing. It’s suspected that Delta 8 is here to stay. And the positives are numerous for those who have used Delta 8. As more research comes about for this amazing cannabinoid, it seems the positives will only become more numerous. It’s just time to sit back and watch the market continue to flourish. The Delta 8 THC divide will continue, but hopefully not for long.

Make sure to check back for more cannabis and hemp related news.