Delta-8 has been making quite the rounds lately, but many people are still unsure of what it is to begin with. Is Delta-8 synthetic, for example? How do we get Delta-8 extracts from the hemp plant? Today, we want to dive fully into the nature of Delta-8 THC and how it works.
Now, for starters, Delta-8 is a minor cannabinoid derived from hemp. Thanks to the 2018 Farm Bill, that makes it perfectly legal for sale and consumption. As many lawmakers think that it’s a cannabinoid that’s synthesized, state laws have started changing on the subject.
What Is Delta-8?
So, what is Delta-8 THC? Well, it’s derived from federally legal hemp, which means its contains less than 0.3% Delta-9 THC on a dry-weight basis. Technically, it is derived from CBD that is extracted from hemp, many retailers and manufacturers even refer to the substance as Delta-8 CBD. Confusing? That’s okay – let us explain further.
Is Delta-8 Synthetic?
First, is Delta-8 synthetic or is it natural? Well, Delta-8 is derived from CBD extracted from hemp. In scientific terms, though, it’s still Delta-8 THC. Our Delta-8 products are naturally derived and 100% legal as a result.
Anywhere that states still classify cannabis as illegal are seeing a massive surge in popularity regarding Delta-8. And it makes complete sense – a legal way to get high? Count plenty of residents in!
Texas, North and South Dakota, North and South Carolina, and many more states are seeing enjoyment from a variety of hemp products, Delta-8 included. Some of the largest prohibition states in the country, in fact, still have Delta-8 legal for the time being.
But how long will that legal status last? It’s a valid question – so let’s hone in on the states that are currently trying to close their legal loopholes for Delta-8.
Alabama -The state of Alabama is currently trying to redefine marijuana to include both Delta-8 and Delta-10 THC. This would challenge the legal definition of industrial hemp, which specifies that it must contain less than 0.3% Delta-9 THC.
Colorado – That’s right – one of the most well-known recreational states in the nation has an outright ban on Delta-8 products now. Colorado officials recently moved to ban all hemp-derived Delta-8 sales.
Michigan – Similar to Colorado, Michigan has endorsed a package of reform bills that would ban Delta-8 THC.
New York – In mid-May 2021, New York’s officials issued new hemp regulations. In these new rules, Delta-8 THC and other THC isomers that are derived from hemp are expressly prohibited. Products may also not contain any cannabinoids created through isomerization or synthetic cannabinoids. This includes both Delta-8 and Delta-10 THC.
North Dakota – A popular Delta-8 state, North Dakota’s legislative committee is voting to accept amendments to change the state’s legal definition of THC. It would address inconsistencies that Delta-8 is a legal substance. Furthermore, hemp growers that avoid these proposed changes may see their hemp licenses revoked. To drive the point home, hemp that’s synthesized into an intoxicant could result in state criminal charges.
Oklahoma – A similar bill is pending in Oklahoma to the one for Alabama. Their state legislatures are scrambling to enforce Delta-8 compliance laws, as well as their own drug laws.
Oregon – Lawmakers are currently working on regulations that change the definition of what is an “artificially derived” cannabinoid. Even though Oregon is a recreational and medical state of marijuana, this is a requirement for them. That’s because Delta-8 and other compounds must be regulated under the state’s adult-use and medical cannabis-use laws.
Washington – Another legal cannabis state, Washington issued a policy through the Washington State Liquor and Cannabis Board recently. It clarified their definition of legal Delta-8, which is Delta-8 THC that’s derived from licensed cannabis only. This means it cannot be derived from unlicensed hemp.
Which States are Working Bans on Delta-8?
In total, which states no longer have Delta-8 products legally available? Even the states we’ve already mentioned may just have further regulations placed on Delta-8. Some states, like Oregon, aren’t banning them completely. However, Alaska, Arkansas, Delaware, Idaho, Iowa, Mississippi, Montana, Oregon, Rhode Island, and Utah all have bills moving to block Delta-8 THC sales to some degree.
How Do We Extract Our Delta-8 From Hemp?
As we’ve mentioned, our Delta-8 products are legal. We do this by extracting CBD from our hemp plants. Then, using acetic acid, the CBD is catalyzed then neutralized by a solvent to remove the rest of the avid. We then purify the final product, effectively removing any and all contaminants from the distillate before manufacturing the finished product. Delta-8 extracts like these help us put them into any number of our products. Our Gummies and Cartridges both use Delta-8 extracts like these to ensure the utmost in quality.
What some users may ask before they try our Delta-8 products is, what about the lab results? When expertly extracting Delta-8 from CBD, we must have a process afterwards to check our work, right?
Then, through an unbiased, third-party lab, our products are double-tested to ensure our lab results match up right. These lab tests quantify how much Delta-8 and other cannabinoids are present within the Delta-8 extracts. Likewise, they test for decontaminants, fertilizers, and any other pollutants that could be in the product.
Tips for Consumers & Retailers
Okay, some of this news might have been scarier than you were expecting. They’re cracking down on Delta-8 regulations – that can be tough if you’re in one of those key states! Whether you are a retailer or a Delta-8 consumer, this affects you to some level. Fortunately, there are some best practices you can exercise when it comes to Delta-8 products as well as a few tips for the companies selling these hemp-derived products can do.
If you’re in a legal state for adult-use cannabis, you can purchase Delta-8 from a licensed cannabis retailer or directly on our website. They won’t make as big of surge in those legal states as they do in restricted states. This also helps to ensure that your Delta-8 product has been lab-tested for potency and purity. If you’re in a dispensary, you should be able to browse through the lab results; and if you’re on our platform, we’ve got them ready for your viewing pleasure whenever necessary.
In fact, we provide a QR code on each of our products to match the third-party Certificate of Analyses it was tested through. This helps ensure our Delta-8 products are lab-tested for purity and potency. Overall, the lab results should show you if the product is free of pesticides and other chemicals, doesn’t contain any unknown compounds, and contains the cannabinoids it claims to at the quantities it claims.
On the retailer side, we have a quite a few more tips and tricks.
First, you’ll want to maintain adequate insurance coverage on your products. Even further, request that you vendors and suppliers also take advantage of this coverage. This helps you withstand the weather of liability, as many other companies will have to struggle through various Delta-8 changes and regulations.
Structures in Place
To make sure you’re ready for any adverse events or customer complaints, have Standard Operating Procedures (SOPs) in place already. You want your customers to feel heard, especially when it comes to a substance that isn’t even legal in every state.
Compliant with Relevant Laws
Next, make sure you products are compliant with any and all state laws that are applicable. This includes any relevant laws that have to do with advertising, labeling, ingredients, or manufacturing.
Don’t Advertise the Wrong Things
Another important tip: don’t spout that the product will get your customers high. Focus on its other benefits and talk around that fact. Also, while you’re at it, make sure you’re limiting the concentration of Delta-8 THC per recommended serving sizes. While these precise serving sizes are unknown, just ensure you’re not putting too high of a concentration into any one product.
Restrict Through Age Verification
Purchases should be limited to adults 21 years of age or older. Even though you’re an adult at 18, there are plenty of laws that require someone to be over the age of 21 to purchase certain products.
The manufacturing facility you choose should comply with Good Manufacturing Practice (GMP) regulations. If you’re contracted with a solid company like that, you should be good to go.
Derive from Lawful Sources
Ensure the hemp you’re deriving your Delta-8 extract from come from lawful sources. Eighty Six, for example, follows all legal channels possible when sourcing our distillate, manufacturers, and much more. All our products are under the strictest of industry regulations so that we make absolutely sure that we get it right every time.
Finally, make sure you’re complying with all federal and state food and drug laws. This can be done fairly easily by just complying with GRAS, or Generally Recognized As Safe, procedures.