All About Delta-8, or “Legal THC”
What is Delta-8?
Delta-8 THC is a naturally occurring cannabinoid, found in very low concentrations in cannabis plants. It is similar to Delta-9 THC, the cannabinoid that naturally occurs in cannabis and which produces many of the effects which are associated with using cannabis (the “high”).
Delta-8 THC can also be synthetically derived from CBD using organic chemistry.
How is synthetically-derived Delta-8 different from naturally-occurring Delta-9 THC?
Many people find that Delta-8 THC causes similar effects as naturally-occurring Delta-9 THC.
Since Delta-8 THC does not naturally occur at high enough concentrations in the plant for use in formulations, manufacturers typically have to derive it from CBD using synthetic chemistry. If manufacturers don’t use appropriate controls, this process may result in contamination of the final product with by-products, leftover reactants, and/or residual solvents. We don’t currently know how these contaminants affect the final product, including affecting how safe and effective it is.
Is Delta-8 legal?
It’s complicated.
Though the majority of states and territories in the U.S. have legalized cannabis for medical and/or adult use, specific regulations vary from state to state, and cannabis remains illegal at the federal level and in many states.
However, the 2018 federal Farm Bill legalized hemp and many products made from hemp at the federal level. The bill also contains language regulating Delta-9 THC, the naturally-occurring cannabinoid typically found in cannabis which gives consumers the “high” feeling, in hemp-derived products.
But while Delta-8 THC can cause similar sensations, it is technically a different compound than Delta-9 THC, and Delta-8 products are typically derived from CBD products made from hemp. For those reasons, many people (and manufacturers) believe Delta-8 products are permitted under the 2018 federal Farm Bill – some manufacturers even advertise it as “legal THC” in states where cannabis is illegal. However, others disagree with that interpretation of the Farm Bill as it applies to Delta-8. And, like cannabis itself, state regulations vary, with some states discussing or passing legislation to specifically ban Delta-8.
Are there concerns about Delta-8?
Many of the CBD products sold in gas stations and bodegas don’t undergo third-party testing, and many do not accurately label the level of CBD and other cannabinoids in the product. Similarly, many of these synthetically-produced Delta-8 products also do not undergo third-party testing and may not be accurately labelled. One product analysis by an independent testing laboratory that included 51 products found that 77% of tested products contained less Delta-8 THC than advertised, and nearly the same number contained higher levels of Delta-9 THC than permitted in CBD products by federal law. Two such manufacturers were even found to have faked or altered lab results for their products.
“High purity Delta-8 THC is very difficult to manufacture, and there is no enforcement of the purity of the products sold at gas stations and smoke shops,” said Justin Bueno, PhD, Scientific Director for Goodness Growth Holdings. “Moreover, there is no verification of the label claim of these Delta-8 THC products. Incorrect label claims lead to inaccurate dosing, insofar as the amount of Delta-8 THC consumed could be considerably higher than expected based on the label – or potentially the product could contain no Delta-8 THC at all!
“These issues are a concern for all cannabis products sold outside of regulated markets,” Bueno added. “For example, other synthetically-created cannabinoids like Delta-10 THC and THC-O may be just as popular as Delta-8 THC in the near future.”
Unlike Delta-8 products with synthetically-derived Delta-8 THC, Goodness Growth’s products contain naturally occurring Delta-9 THC. And all of Goodness Growth’s products, including those with THC and CBD only, are third-party tested by respected, valid labs, meaning you can trust that information on the label is accurate. We know you select specific cannabis products for a reason, and we ensure our products have the amount of THC and/or CBD listed on the label.