Why is delta-8-THC increasingly popular in the United States?

Stuck between the CBD and THC, a minor cannabinoid, is all the rage in the United States, particularly in states where cannabis has not yet been legalized. Delta-8-THC, an analog of delta-9-THC—more commonly known as THC—is taking advantage of a legal loophole created by the Farm Bill 2018 which legalized hemp at the federal level in the United States and has been a key factor in the CBD boom we see there today.

The law thus specifically authorizes the sale of hemp byproducts, the only exception being delta-9-THC in concentrations exceeding 0.31%, which is the threshold at which the plant is considered legal and distinguishes it from «marijuana.» Since the legislation makes no mention of delta-8, entrepreneurs have taken the plunge and begun extracting and packaging it as a legal edible and smokable alternative, in candies, in vape pen but also in hemp flowers infused with delta-8-THC.

An Overview of Delta-8-THC

Delta-8 THC is one of the four cannabinoids the most commonly produced by the cannabis plant, but only in very small quantities.  As an analogue of THC, delta-8 THC has been shown to produce an effect similar to that of delta-9-THC. It has a lower psychoactive potency, but like other cannabinoids, it has been shown to have promising therapeutic potential.

Unlike CBD, delta-8 has psychoactive effects. Studies on the compound indicate that delta-8 helps relieve pain, anxiety, and stress, as well as nausea, low libido, and even hangover symptoms.

Delta-8 is less psychoactive than traditional THC, and the duration of its effects varies from person to person. The effects are milder than those of THC but last just as long. Thus, the effects of vaporized delta-8-THC will be shorter-lived than those of ingested delta-8-THC.

Is delta-8-THC legal?

If the Farm Bill Although it does not specifically restrict delta-8-THC, the FDA prohibits the sale of synthetic cannabinoids. And that is what could put a damper on the delta-8 business. Since it occurs in too small a quantity in hemp, it is often obtained through the isomerization of CBD. This gray market is therefore developing on the fringes of U.S. regulations.

In France, the Delta-9-THC is legal according to the Public Health Code. Article R5132-86 thus exempts «delta-9-tetrahydrocannabinol, its esters, ethers, salts, as well as the salts of the aforementioned derivatives and products containing them» from the broader ban on cannabis. Since delta-8-THC is merely an isomer of THC—that is, a molecule with a similar composition but a different molecular arrangement—it would seem risky to legally offer it for sale in France.