As of May 2021, delta 8 is banned in 15 states, and five more states are reviewing its status.
Although it’s legal at the federal level under the 2018 Farm Bill, rapidly rolling blackouts of the THC compound are sweeping the United States faster than you can light up a legal joint.
While this might seem unfair in light of all the marijuana legalization sweeping the country, and the recent legalization of hemp and CBD, it all rests on semantics.
Fortunately, delta 8 is legal in California. For your legal geeks, check out California Industrial Hemp Law Division 24, Title 3, Division 4, Chapter 8 for the full text. In California-speak, it just says, “It’s all good, dude, rock on!”
Only time will tell whether it stays that way, so let’s take a close look at this cannabinoid to see how we can help it survive the onslaught of walking panic buttons which still think Reefer Madness was a good movie.
WHAT IS DELTA 8 THC?
Delta 8 THC is a cannabinoid in the cannabis plant that has psychoactive effects similar to delta 9 THC (more commonly called THC) but without common problems like paranoia and anxiety.
You could think of delta 8 as a “kinder, gentler delta 9.” Delta 8 has most of the same effects as delta 9, and users report it doesn’t feel as potent. One problem with delta 8 is that you could see it as not a natural product if it’s derived from hemp only, so California has legalized both the delta 8 derivation from hemp as well as marijuana.
IS DELTA 10 THC LEGAL IN CALIFORNIA?
Delta 10 THC, another isomer rising in popularity, is yet another version of THC. New on the THC front, this compound is only found in trace amounts and is often mistaken as CBC or CBL.
Delta 10 arrived on the scene a little later than delta 8, but that doesn’t mean it won’t have a starring role in the future. This compound could be the answer for people who only want to relax a little and not get super high. In California, delta 10 is legal by the same standards as delta 8, and the best place to get it is online.
Because hemp and marijuana plants are of the same species (the difference is that hemp plants have only 0.3% THC content), they produce about the same delta 8. To keep it affordable, manufacturers use an innovative new process of deriving this compound from the much more available CBD from hemp.
Although it’s not as potent as delta 9 or delta 8, delta 10 is reported to have mood-elevating effects. Some users also claim increased focus and creativity. But delta 8 and delta 10 may show up on drug tests, so you may fail if you are subject to them.
WHAT DOES THE FARM BILL HAVE TO DO WITH IT?
Delta 8 can be extracted from hemp plants, which is one reason delta 8 remains legal at the federal level under the Farm Bill of 2018 (the same bill that makes CBD legal without a prescription). Because the terminology includes isomers, delta 8 and delta 10 should be running around the United States scot-free, right?
Not so fast. It would take enormous amounts of the hemp plant to create enough delta 8 for consumption if manufacturers extracted it directly. So instead, they’re using hemp-derived ingredients like CBD and putting it through a natural process called isomerization to create delta 8 THC.
Delta 8 is not regulated, and some companies don’t have products third-party tested. So there could be anything from heavy metals to pesticides in your product — and no delta 8. This is why you should always ask for a Certificate of Analysis (otherwise known as a COA). Any good company will get you one immediately. What should you do when you encounter companies that delay or claim they don’t need one?
Run, don’t walk!
STATES WHERE DELTA 8 IS BANNED
As of this article, Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, Utah, Vermont, and Washington have banned or restricted delta 8. Other states are also considering bans or restrictions, and a handful, like Alabama, have shot down the measures.
And it’s not just legislators who are concerned about delta 8. The marijuana growers themselves are concerned that the cheaper delta 8 will create excessive competition and put them out of business.
But remember how marijuana got legalized. It started with 54% of Colorado voters approving medical marijuana, and in 2012 voters passed Colorado Amendment 64 to allow recreational use. Now only 13 states have no provisions for marijuana use, and that number falls every year.
HOW TO USE DELTA 8 THC
Fortunately for consumers, the delivery method for delta 8 can vary widely. There are currently edibles, disposable pens, syringes for dabbing, and more. However, the most popular ways to get delta 8 seem to be vape cartridges, gummies, and tinctures.
DELTA 8 THC VAPES
One of the fastest and best absorption rates of THC or CBD is by vaping. While you need to be careful about the carrier oil used in your vape, it’s one of the favorite ways to get your Delta 8 as well.
It’s absolutely critical to your health to get a COA on your vapes. First, you must make sure they contain no oils that would cause lipid pneumonia. It’s a lot easier to read a document with test results than it is to have your lungs washed .
Remember that a vape vendor must verify your age to order vape products according to the PACT Act. If you enter a vape site that does not require proof of age, do not order from them. If they try to skirt a perfectly reasonable law, they are likely doing other unethical things — like being careless with the carrier oils. Don’t trust your tissue-paper lungs to unethical companies.
Also, remember that cheap vape products may also risk your health. Official Farmacy vapes may be more expensive, but these products have been tested within an inch of their lives so that you can have more confidence in their quality and safety. Your lungs are too important to settle for cheap imitations.
DELTA 8 THC GUMMIES
Whether they have CBD or THC in them or not, gummies are just freakin’ delicious! Official Farmacy packs have various flavors and a full 25 mg of delta 8 in each gummy. They do take a longer time to take effect, but the biggest drawback is that you can’t just snack on them like you do when you buy the delicious little buggers at the grocer.
Many people prefer gummies to other delivery methods just because they’re so good. The flavorings help hide whatever taste the Delta 8 carries with it, and they also bring back memories of munchies at the movies.
WHERE CAN I BUY DELTA 8 THC?
Online is still the best place to order delta 8 products, despite the various above-mentioned long arms of the law. Of course, reputable companies will only ship to states where it’s legal. You can find the best prices and great sales there, and if you sign up for their newsletters, you will notice special deals.
Because you will be ordering directly from the manufacturer, you can save money and get their Certificate of Analysis before you buy. As we mentioned, a verifiable COA is critical to your good health. If you’re in doubt when they provide you with the document, contact the third-party tester and get further proof.
DELTA 8 THC: THE THC OF TOMORROW
Delta 8 and delta 10 are both a big part of the future of THC. Unfortunately, California is on the sharp, bleeding edge of progress on this. Although some states are regulating and banning them now, people in California — who continue to back the products with purchases and political support — will help stop the criminalization of delta 8 and delta 10.
Remember, we did it once with marijuana, and we can do it again with these THC isomers. Your politicians listened to you before, and now states like California are legalizing marijuana at various levels quickly. Perhaps part of the reason others are so quick to speak out against delta 8 is ignorance, much like what happened with marijuana.
What we can do right now is:
- Make demands as voters and contact our politicians regularly about how tax money from delta 8 products will help our states.
- Thank the California lawmakers for legalizing delta 8 and delta 10
- Pressure dispensaries that are against delta 8 by hitting them in the pocketbook
- Continue supporting companies that make delta 8 whenever we can
- Educate the wet blankets with facts and truth until it becomes mainstream
We believe delta 8 will be available nationwide someday. California stands as a bastion of sanity in the middle of some baffling interpretations of some already confusing laws. The bans won’t last in the face of a public that votes with its ballots, feet, and dollars.