8th May 2023

Fact vs. Fiction: Debunking Delta-8 Regulation Myths

Delta-8 has been the trendiest cannabinoid on the market for a while now, most likely due to its widespread availability. You can find Delta-8 in gas stations, smoke shops, and corner stores, and it actually gets you high?? How is this possible? The answer is quite complex, so let’s dive in and wade through the mountain of misinformation surrounding Delta-8 THC.

1. Is Delta-8 federally legal?

Many people are unclear about whether Delta-8 is legal; and for good reason. There is an ongoing battle over the federal legality of Delta-8 THC. Delta-8 is a psychoactive cannabinoid created from hemp-derived CBD. The 2018 Farm Bill legalized the manufacturing of hemp-derived products, and explicitly defines THC as Delta-9 THC, so people assume the Delta-8 is federally legal. Not quite.

Delta-8 THC requires a chemical process for its production. Most lawmakers would classify this as a synthetic cannabinoid – thus earning it a classification as a Schedule 1 controlled substance. So where does this leave consumers and is Delta-8 actually legal in the United States?

Enter: State’s Rights.

Each state has the independent power to determine whether or not it wants to allow or outlaw Delta-8. Only 13 states have chosen to do so: Alaska, Colorado, Delaware, Idaho, Iowa, Minnesota, Missouri, New Jersey, New York, North Dakota, Rhode Island, South Carolina, and Vermont.

Nine states have chosen to regulate Delta-8 THC. The rest simply allow the cannabinoid to exist with no regulations at all. For now, it seems that after the ruling of the 9th Circuit Courts, Delta-8 is safe for the time being. Congress inadvertently created a loophole that legalizes the sale of Delta-8 THC.

2. Is Delta-8 Federally Regulated?

There aren’t any real and tangible regulations surrounding the minor cannabinoid in any way. This is in part due to the DEA’s classification of Delta-8 as a controlled substance.

The legal loophole created by the Farm Bill – and more recently upheld in court – allows the manufacturing and sale of products. Regulation is entirely separate from legalization.

There are no industry standards to uphold and no consensus on best practices in guaranteeing product safety.

Make sure to buy from reputable brands.

Any brand actively and voluntarily provides its customers with detailed lab reports that prove its products are free of contaminants. At Eighty Six, we take this seriously. You can find lab reports for every single product we sell. You can access them on our Lab Reports page, which is easily accessible from every page on our site.

3. Can you be arrested for possessing Delta-8 THC?

You’ll likely be caught and ticketed depending on the interaction between you and the police officer.

If you live in a state without any laws governing the user of Delta-8 and you get caught with possession of the cannabinoid, you’re at the mercy of the law enforcement officer. Consider taking your routine privately.

Eighty Six does not condone illegal vaping activity. It’s much safer to do it in a private space.

4. Can you get into legal trouble for public consumption?

What to Look For When Choosing Your Favorite Delta-8 Brand

The short answer to this question is yes, but it depends on which state you live in.

As of 2018, 38 states have enacted laws outlawing smoking tobacco indoors, a practice that was commonplace in the 1990s. In most states you can’t smoke or vape near schools, daycares and churches.

If you’re some place with a posted ‘No Smoking’ sign, or where you know no one would openly smoke tobacco, you shouldn’t be vaping there, and if you do, be aware that you open yourself up to an interaction with law enforcement you might not otherwise enjoy.

5. Is Delta-8 safer than other cannabinoids?

The safety of cannabis products aren’t determined by the cannabinoids in them, but by its purity, which can only be determined through lab testing. Delta-8 THC is not any more safe nor is it more dangerous than traditional Delta-9 THC, HHC, CBD or THC-P. The potential danger of cannabis products comes from the chemicals used during its manufacturing process and has nothing to do with the cannabinoids themselves.

The extraction process used to create many of the cannabis infused products available to consumers today use dangerous and volatile chemicals during the process – as do many other industrially-manufactured products. The final stage of extraction is when all those dangerous chemicals are removed. Manufacturers then take samples of their products to independent, third-party testing laboratories to test the products for purity and potency.

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