Credit: Aliaksei/Adobe Stock The Paradoxical Legality of Delta-8 and Delta-9 THC
Delta-8 THC is one of the cannabinoids naturally occurring in the cannabis plant and is said to have milder psychoactive effects than its delta-9 counterpart. However, dosage, modality and use in combination with other cannabinoids can have significant impacts on potency and effects.
July 19, 2023 at 10:00 AM
8 minute read
Cannabis products advertised as "delta-8″ or "delta-9″ THC are able to be sold by convenience stores, gas stations, or beer and spirits stores that are not state-licensed dispensaries, even though THC is still federally illegal. The Agricultural Improvement Act of 2018 (the "Farm Bill") removed hemp and hemp-derived products from the definition of "marihuana," a prohibited schedule I drug under the Controlled Substances Act (CSA). The Farm Bill defined "hemp" as "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 delta-9 [THC] concentration of not more than 0.3 percent on a dry weight basis." As a corollary, Congress also redefined THC to exempt THC found "in hemp," (21 U.S.C. Section 812 (Schedule I) (c)(17)); see also Agriculture Improvement Act of 2018, Section 12619(b).
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