According to the National Institute of Health (NIH), there are currently at least 144 known cannabinoids that have been isolated from the cannabis plant. The most popular among them is Delta-9 tetrahydrocannabinol (THC), the main psychoactive compound known to provide all the stereotyped effects of getting high. However, a lesser known cannabinoid, with more than half of the psychoactive potency of Delta-9-THC, appears ready to challenge its dominance.
No, it is not CBD, CBN, CBG or CBC – it is Delta-8 THC, an analogue of Delta-9-THC.
Cannabinoids were unquestionably legalized in December 2018, when the Farm Bill was approved; but it wasn’t until September 2019 that 3Chi, an online cannabis retailer, became the first company to sell Delta-8-THC cartridges, gums, tinctures and concentrates in all 38 states where it is legal – both online and in retail stores. According to 3Chi, the company is “the largest Delta-8-THC company in the country with products in all states where Delta-8 is legal”. Its 1000ml cartridges cost about $ 25 with shipping, making them much cheaper than most Delta-9-THC cartridges sold at recreational stores.
From a molecular perspective, Delta-9-THC and Delta-8 are not so different. Except for this, a specific chemical bond appears on the 8th carbon – instead of the 9th. Dr. Peter Grinspoon, a medical instructor at Harvard Medical School, estimates that Delta-8 “has a part, but not all, of the psychoactivity of Delta-9,” which is the opinion of the majority in the cannabis industry. People often report that, due to its reduced power, Delta-8 provides a softer and lighter feel, less sedative and more functional than Delta-9. Another researcher, Dr. Max Mikheev, CEO and Director of Science at biotechnology company BIOMEDICAN, notes that people report anecdotally that it provides all the benefits of Delta-9 – without anxiety or paranoia.
The legality surrounding Delta-8, however, remains complicated. “Although Delta-8-THC is legal if derived from hemp, the process most commonly used to produce Delta-8 – synthetically altering CBD in Delta-8-THC – is probably not legal,” says Joseph Hoelscher, founding member of the Association Texas of Cannabis Lawyers and longtime member of the NORML Legal Committee. According to Hoelscher, who represents canna companies in Texas, synthetically altering CBD is considered the economical method for manufacturers to produce Delta-8-THC at wholesale, which otherwise only exists in fractions of one percent at plant hemp. This process, however, is federally prohibited.
“Just as many jurisdictions struggled to build the infrastructure to correctly identify legal hemp, few have the ability to establish, scientifically, how a Delta-8-THC sample was obtained,” says Hoelsccher. “DOJ is aware and we can expect that they will find out how to process these cases.”
When asked about the future of Delta-8’s legality, a DEA spokesman told Rolling Stone that the agency is currently going through the regulatory process regarding the implementation of the 2018 Agriculture Improvement Act – which includes the scope of regulatory controls on marijuana, tetrahydrocannabinols and other marijuana-related constituents – and therefore would not be able to comment on delta-8 until the process was completed.
The spokesman added that: “The emergence of different constituents of marijuana underscores the importance of research. There is much to learn about the impacts of marijuana and its chemical constituents, and the DEA and DOJ fully support these research efforts. That is why, a few weeks ago, with the support of our interagency partners, we announced an unprecedented move to expand opportunities for scientific research and medical research on marijuana in the United States. “
To alleviate customer concerns, LiftedMade has an entire section on its website describing which ones claim they will be shipped as well and which ones say they won’t. Due to the nebulousness of the law, LiftedMade may label Delta-8 as “legal” in one state, such as Connecticut, yet others only as “likely legal” in another state such as California. “I think Delta-8 will overshadow the CBD market and could be bigger than any other cannabinoid in any other space,” says Nicholas Warrander, CEO of LiftedMade, a company that sells hemp and hemp products in the US, which It will soon be sold in 2,500 independent pharmacies across the country. “A great expectation for people with CBD was to feel something, and Delta-8 provides that. In many ways, Delta-8 is the bridge between the hemp industry and the cannabis industry, as it can be used recreational, not just medicinally. “
Once Craig Henderson of Extract Labs, a veteran Colorado CBD company known for producing smaller, high-quality cannabinoids, saw other companies like LiftedMade and 3Chi dive into the market – and it wasn’t being harassed by regulators – he decided. it was time to hug Delta-8. “I was nervous about being the first guy to go out with this. It was only when we saw people advertising and doing marketing and we thought – let’s try to make it better than everyone else, ”says Henderson. However, despite his strong sales of Delta-8, Henderson says he remains concerned that the cannabinoid may face further regulatory scrutiny.
Brett Sandman of JustCBD, a leading online marketplace for CBD products, does not offer Delta-8 products. From his perspective, retail demand for Delta-8 is fueled by steam and e-cig stores looking to save their businesses that have been hampered by a combination of the pandemic and recent regulation. “Due to the ban on e-cig and steam oil flavors, most of these stores were just holding on,” said Sandman Rolling Stone via email. “Now, the rise of Delta 8 is helping these small business owners stay on.”
Instead of taking the trouble to produce their own Delta-8-THC, some pharmacies and smokehouses are buying it in large quantities from renowned producers like Elevated Wellness, a CBD company founded by a team of pharmacists, who later renamed it Like yours. However, Ross Anderson, Lead Manager of Elevated Wellness, says the Delta-8 reception of potential customers has been mixed. “Depending on the organization, they can be super receptive or a little hesitant,” says Anderson Rolling Stone. “Usually, people / companies that hesitate, don’t fully understand it. But some companies will not enter the D8, simply because of the fear that they will be able to make a large investment and not be able to sell it in the near future if some law is made against Delta-8 (which is, ultimately, a possible result), effectively creating a significant loss. “
In a way, Delta-8 looks too good to be true. But it is not. For people who want to feel the psychoactive effects of Delta-9, but find that it gives them paranoia or anxiety, Delta-8 is an almost legal option available online. And unlike Delta-9, Delta-8 is significantly cheaper, making it a viable option for some people looking for a brief sense of elevation without getting drunk. But judging by how much attention Delta-8 has received from law enforcement officials, the trend may be short-lived. Despite Delta-8’s growing success last year, any day could be the last of the cannabinoid.