Frequently Asked Questions

WHAT IS DELTA 8 THC?

Over the past few years, you may have seen headlines about a drug called delta-8. Google searches for the term grew by more than 850 percent in the United States between 2020 and 2021, particularly in states where recreational marijuana is illegal. According to one recent study, 16 percent of regular marijuana users also use delta-8.

Some claim it’s the next big thing in cannabis: a gentler and, perhaps more crucially, legal high that offers relaxation and pain relief without the anxiety or fuzzy-headedness of regular weed.

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Technically, delta-8 means delta-8-THC, as in the THC that’s the primary psychoactive ingredient in marijuana.

The most common form of THC in cannabis plants is delta-9-THC, which is almost identical to delta-8-THC in its chemical structure. The molecules’ similarity means that delta-8 and delta-9 act very similarly in the body. Most crucially, they both bind to the same receptors in the brain, particularly one called the cannabinoid type 1 (or CB1) receptor, which produces the high you experience when you smoke a joint or eat a weed gummy.

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IS DELTA 8 THC LEGAL?

The purportedly milder high is one of delta-8’s main attractions for users. The other is its legal status.

Delta-8’s rise started with the passing of the 2018 Farm Bill, which made hemp legal. Hemp and marijuana are both types of cannabis plants, but marijuana produces delta-9-THC and hemp doesn’t. Think of hemp and marijuana like two varieties of tomato plants, if one type of tomato could get you high.

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The Farm Bill stated that hemp could be grown legally as long as it contained less than 0.3 percent THC. But, said Kent Vrana, a professor of pharmacology at Penn State, the authors of the bill made an oversight: They defined THC specifically as delta-9-THC, which is still illegal federally. With that definition, a market for delta-8 was born.

Delta-8-THC is detectable only in trace amounts in both hemp and marijuana plants, but manufacturers have figured out a way to produce it from a third notable chemical in cannabis plants, CBD. CBD is present in large quantities in hemp plants, and because CBD is legal, they assert, so is delta-8.

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