{"id":2904,"date":"2021-12-08T18:53:39","date_gmt":"2021-12-08T18:53:39","guid":{"rendered":"http:\/\/CBMiW2h0dHBzOi8vd3d3Lm1vbmRhcS5jb20vdW5pdGVkc3RhdGVzL2Nhbm5hYmlzLWhlbXAvMTEzOTM3NC93aGF0MzlzLXRoZS1kZWFsLXdpdGgtZGVsdGEtOC10aGPSAQA"},"modified":"2021-12-08T18:53:39","modified_gmt":"2021-12-08T18:53:39","slug":"whats-the-deal-with-delta-8-thc-cannabis-hemp-united-states-mondaq-news-alerts","status":"publish","type":"post","link":"https:\/\/thcinct.com\/?p=2904","title":{"rendered":"What’s The Deal With Delta-8 THC? – Cannabis & Hemp – United States – Mondaq News Alerts"},"content":{"rendered":"
\n

United States: <\/span> What’s The Deal With Delta-8 THC? <\/h2>\n<\/p>\n
\n
\n
\n

08 December 2021 <\/p>\n

Feuerstein Kulick <\/p>\n<\/p><\/div>\n<\/p><\/div>\n

<\/a> <\/div>\n<\/p><\/div>\n<\/p><\/div>\n

To print this article, all you need is to be registered or login on Mondaq.com. <\/p>\n

\n
\n

Have you ever walked into your local bodega and wondered how
\nthey could sell stuff that looks and smells just like cannabis?
\nThat “stuff” is Delta-8-tetrahydrocannabinol (THC), an
\nisomer of Delta-9-THC (the compound that most people purchase when
\nthey buy cannabis products at a state-legal
\ndispensary).  Delta-8 and Delta-9 are very similar, with
\nthe only real chemical difference being where the double bond sits
\non the carbon chain (on the 8th<\/sup> carbon chain for
\nDelta-8 and on the 9th<\/sup> carbon chain for Delta-9).
\nJust like Delta-9, Delta-8 is a natural component of the cannabis
\nplant.  However, due to the small amounts of Delta-8 THC
\nfound in the plant itself, most Delta-8-THC is created in a
\nlab.  If you’re reading this in New York, the smoke
\nshop around the corner isn’t selling Delta-8 due to the recent
\nlegalization of recreational cannabis \u2013 it’s because of a
\nlegal loophole that New York is now actively trying to close (more
\non that later).
 
You’re probably wondering, “how is Delta-8 legal at the
\nfederal level?” Well, the answer to that may be that “it’s not”.  The 2018 Farm Bill legalized
\nhemp and “all hemp-derived cannabinoids.” However, in
\nAugust 2020 the DEA released an interim final rule, which would
\nmake the production of Delta-8 THC illegal. Defenders of Delta-8
\nargue that because it is “derived from hemp”, it is legal
\nunder the Farm Bill. Opponents point out that Delta-8 is a
\nderivative of cannabis that has psychoactive effects and argue that
\n\u2013 because it appears in the plant in such small quantities
\n\u2013 it’s just the byproduct of an unforeseen chemical
\nalteration to hemp, which is not what the 2018 Farm Bill was meant
\nto authorize.  In other words, Delta-8 walks, talks and
\nsmells like cannabis, and should therefore qualify as marijuana for
\nthe purposes of the Controlled Substances Act and should be subject
\nto the same state and local regulatory requirements as Delta-9
\nTHC. 
 
As with all things cannabis, the question of how to deal with the
\nsale and regulation of Delta-8 varies state to
\nstate.  Most states are currently taking a “ban it
\nnow, and study it later” approach \u2013 as fifteen states
\nhave already taken steps to restrict or ban Delta-8, including New
\nYork, Connecticut, Colorado, Washington, and
\nVermont.  Meanwhile, six other states, including Michigan
\nand Illinois, are considering legislative bans. New York recently
\nupdated their draft regulations for the manufacturing, processing
\nand sale of “cannabinoid hemp” products
\n(i.e. <\/em> CBD) \u2013 which have yet to go into effect
\n\u2013 to prohibit processors from using “synthetic
\ncannabinoids or Delta-8-THC created through isomerization, in the
\nextraction or manufacturing of any cannabinoid hemp
\nproducts.”  In short, New York appears poised to
\nclose the loophole that allowed Delta-8 to escape regulatory
\noversight for years.
 
With states continuing to ban or restrict the production and sale
\nof Delta-8, it is likely that federal regulators will have to
\nspecifically address the topic in the near future to clear up the
\ncurrent confusion.  In the meantime, it will fall to the
\nstates to decide when and how Delta-8 can be sold (if at
\nall).  Be sure to check out our That’s Just Your
\nOpinion Man section below for an explanation of why that’s so
\nimportant to the cannabis industry as a whole. <\/p>\n

The content of this article is intended to provide a general
\nguide to the subject matter. Specialist advice should be sought
\nabout your specific circumstances.<\/em><\/p>\n<\/div>\n<\/div>\n

\n

POPULAR ARTICLES ON: Cannabis & Hemp from United States<\/p>\n

A Look At The Roth IRA Five-Year Rule<\/a> <\/p>\n

ORBA<\/p>\n

The Roth IRA can be an attractive retirement savings vehicle due to the benefits they offer. Contributions are nondeductible on your income tax return…<\/p>\n<\/p><\/div>\n

2021 Year-End Estate Planning Advisory<\/a> <\/p>\n

Katten Muchin Rosenman LLP<\/p>\n

During 2021, COVID-19, the new Biden administration, the Tax Cuts and Jobs Act (TCJA), the Coronavirus Aid, Relief and Economic Security Act (CARES ACT), the American Rescue Plan (ARP), …<\/p>\n<\/p><\/div>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

United States: What’s The Deal With Delta-8 THC? 08 December 2021 Feuerstein Kulick To print this article, all you need is to be registered or login on Mondaq.com. Have you ever walked into your local bodega and wondered how they could sell stuff that looks and smells just like cannabis? That “stuff” is Delta-8-tetrahydrocannabinol (THC), an isomer of Delta-9-THC (the compound that most people purchase when they buy cannabis products at a state-legal dispensary).  Delta-8 and Delta-9 are very similar, with the only real chemical difference being where the double bond sits on the carbon chain (on the 8th carbon chain for… <\/p>\n","protected":false},"author":1,"featured_media":2905,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[2],"tags":[],"class_list":["post-2904","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured"],"jetpack_featured_media_url":"https:\/\/thcinct.com\/wp-content\/uploads\/2021\/12\/whats-the-deal-with-delta-8-thc-cannabis-hemp-united-states-mondaq-news-alerts.webp","_links":{"self":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/2904","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2904"}],"version-history":[{"count":0,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/2904\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/media\/2905"}],"wp:attachment":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2904"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2904"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2904"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}