Will the Delta-8 Phenomenon last?

At this point, everyone’s heard of delta-8 THC (or delta-8-tetrahydrocannabinol). Since its conception, the cannabinoid has only skyrocketed in popularity.

Seemingly as a legal loophole to getting high even in places where recreational cannabis remains illegal.

 

If cannabis were federally legal in the United States, there would be no need to have delta-8 THC. However, with so many states fighting for regulations, it is no surprise that the delta-8 phenomenon may not last. In fact, in retrospect, it probably should’ve never even existed.

 

Throughout this article, we will take a deeper look into delta-8 and its legal status. Afterward, we’ll discuss why the phenomenon likely won’t last and what delta-8 lovers can expect from here on out.

 

What is Delta-8 THC?

 

Delta-8 THC is a cannabinoid found in the cannabis plant that has a very similar chemical structure to its cousin delta-9 THC. Just like delta-9 THC, delta-8 binds to cannabinoid type 1 receptors (CB1) in the brain, which causes psychoactivity (or a “high”).¹However, unlike delta-9, delta-8 is not a naturally occurring cannabinoid. It’s a synthetic cannabinoid made from hemp-derived cannabidiol (CBD). It requires a simple process to dissolve pure CBD into a solvent and mix it with an acid catalyst.Due to this process, delta-8 isn’t as strong as delta-9. Some estimate that it’s about 66% vital.

 

But since it’s made from hemp (cannabis containing less than 0.3% delta-9-THC) rather than marijuana (cannabis containing more than 0.3% delta-9-THC), it’s technically legal across the United States. This loophole has allowed many products to hit the market, from tinctures to gummies to vapes.

 

Yet, as you can imagine, there’s a huge legal battle taking place in several states seeking to either ban or regulate the substance.While a delta-8 high isn’t much different from a delta-9, some reports claim it provides a “milder high” with less

 

paranoia, anxiety, and drowsiness. However, there are no studies to confirm the weight of these claims.Delta-8 THC Safety ConcernsSince delta-8 THC is made using a chemical process, consumers primarily put their safety and wellness into specific brands. Like CBD, there are plenty of high-quality products and trustworthy brands on the market. However, like CBD, several less reputable brands are trying to make a quick buck off this industry and potentially sell harmful products.


Between December 2020 and July 2021, the Food & Drug Administration (FDA) received 22 reports concerning delta-8 THC, 14 of which resulted in hospitalization following ingestion. Of the 22 patients, 19 experienced adverse effects, including vomiting, hallucinations, trouble standing up, and loss of consciousness.²Between January 2018 and July 2021, national position control had received 661 exposure reports concerning delta-8 THC products. Of those:

 

  • 41% had unintentional exposure to delta-8, and of that figure, 77% had affected patients less than 18 years of age.

 

  • 18% required hospitalizations, including some children, put into intensive care units (ICUs).

 

Most reports listed here concern unintentional dosing or unexpected effects (i.e., receiving an overwhelming high from the product) rather than chemical problems. Similar reports have also been reported in the recreational cannabis space. ³

 

The Legal Issue of Delta-8 THC

 

As already mentioned, delta-8 THC is technically legal wherever CBD and other hemp products are legal. In turn, the substance is federally legal in the United States.H

 

owever, knowing that it causes psychoactivity and concerns with safety reports, as discussed above, many states are opting to regulate the substance or outright ban it.The most recent of these legal controversies occurred in Texas, where some lawmakers try to make delta-8 a Schedule I substance.

 

As of this writing, state district court Judge Jan Soifer has put a temporary injunction on this concern and will resume the matter at a later date.4Still, some states have already taken steps to ban it, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Louisiana, Montana, New York, North Dakota, Rhode Island, Vermont, and Utah.

 

Some states have unclear laws concerning delta-8, including Kentucky, Mississippi, and Washington. Like Nevada and Michigan, other states are regulating it similarly to recreational cannabis - so you can only purchase it in licensed dispensaries.In turn, delta-8 remains legal and unregulated in about 30 states. However, due to all the confusion surrounding this cannabinoid, laws constantly change or contradict themselves. This not only makes for an unstable market, but it also puts many regular people at criminal risk.

 

How Long Will Delta-8 THC Last?

 

Still, no matter what laws are procured concerning delta-8, it doesn’t seem to have slowed down its popularity. Some reports estimate its market value at around $200 million to $500 million per kilogram of delta-8 extract. But since most figures bunch it in with the CBD market, it’s difficult to determine how much it’s worth.5

 

The popularity of delta-8 is primarily because it’s a legal way to get high in places where cannabis remains illegal. You can get all the legal highs you want at your local dispensary. However, in areas where recreational cannabis is legal, there’s no reason to purchase a delta-8 product.

 

With that in mind, it’s hard to believe the delta-8 industry will last a long time. If the United States were to legalize cannabis tomorrow federally, it’s likely the delta-8 industry would be ruined. It’s safe to say that most consumers would prefer to purchase naturally occurring cannabinoids rather than those made in a laboratory.

 

Beyond the safety reasons, it’s also a cheaper option.Due to this, some may argue that the current legal battles both for and against delta-8 are futile. It takes away from the bigger picture: legalizing cannabis altogether simply. It continues to propel the stigma against cannabis psychoactivity, its medical value, and the century-long prohibition that’s continued in the U.S.If America would simply get off its ass and give nearly 70% of people what they want (legal cannabis), we wouldn’t have to waste our money and time arguing over delta-8.

Written and Published by Paul James in Weed World Magazine Issue 157

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