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Why Is Delta 8 Legal?

Recently, a cannabis compound called Delta-8 THC has gained popularity in the world of cannabis. Positioned as a milder alternative to Delta-9 THC, Delta-8 has garnered attention for its unique properties and potential therapeutic benefits. However, a pressing question arises: why is Delta-8 legal when Delta-9 THC remains heavily regulated in many jurisdictions? This article explains why Delta-8 is legal, exploring the legal framework surrounding hemp and the factors contributing to its permissibility.

What is Delta-8 THC and What Does It Do?

Delta-8-THC is a naturally occurring compound found in cannabis plants. It is one of the many cannabinoids present in the plant. When consumed, Delta-8 THC interacts with the body’s endocannabinoid system, which regulates various bodily functions and helps maintain balance. It binds to the CB1 receptors, primarily located in the central nervous system, producing various effects.

Some potential benefits reported anecdotally by consumers include relaxation, euphoria, and feeling uplifted. Experiences vary from consumer to consumer, as others also report reduced nervousness. Many turn to Delta-8 for its potential appetite-stimulating, anti-nausea, and pain-relieving properties. These potential benefits are still needing further scientific research to be validated.

How is Delta-8 THC Different from Delta-9 THC?

Delta-8-THC and Delta-9-THC, the psychoactive component that traditionally characterizes marijuana, are both cannabinoids found in cannabis plants, but they have some notable differences in their chemical structures and effects. Delta9 THC is known for its potent psychoactive effects, often associated with the “high” experienced when using marijuana. It has a strong binding affinity to the CB1 receptors in the brain and central nervous system. In contrast, Delta-8 THC is considered to be less potent, producing a milder high. Delta-9 is highly regulated, while D8 availability is slowly increasing.

Why & How Are Delta-8 THC Products Legal

The legality of Delta-8-THC (D8 THC) products is a complex matter influenced by the 2018 Farm Bill. This legislation played a crucial role in defining the legal status of hemp and its derivatives, including D8 THC. The 2018 Farm Bill redefined hemp as cannabis containing 0.3% or less Delta-9 on a dry weight basis.

This clear distinction separated hemp from marijuana, which typically has higher concentrations of D9 THC. D8 THC can be derived from hemp through various extraction and conversion processes. As long as the initial hemp material meets the legal definition (0.3% or less D9 THC), D8 THC obtained from it is considered a hemp-derived product.

The Farm Bill primarily focuses on regulating D9 THC, while it does not explicitly address the legality of D8 THC. This legal loophole has led some to argue that D8 THC falls within the scope of legality based on the bill’s language. Consequently, this discrepancy has created a regulatory gray area, leading to differing policies across jurisdictions. Some states have explicitly banned or restricted the sale and possession of Delta-8 products, while others have embraced a more permissive approach.

Can You Fly with Delta-8 THC?

The Transportation Security Administration (TSA) updated its rules for flying with cannabis. Citing the 2018 Farm Bill, the agency allows people to fly with cannabis products that contain less than 0.3 D9 or those approved by the FDA. While you can fly with D8 THC, it’s important to note that different states have different laws regarding the legality of Delta-8. Therefore, it is crucial to consult local laws before packing your favorite D8 products.

Shop The Best Delta-8 THC Products Now!

Carolina Hemp Cabinet carries a wide variety of top-quality Delta-8 THC products to suit your needs in Charlotte, NC. Our knowledgeable budtenders are always happy to answer any questions about why Delta-8 is legal and assist you in finding the best product. Contact us today to learn more and place your order.


Image Credit: Branding Pot, Shutterstock


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