Delta 9, the main psychoactive cannabinoid found within cannabis that creates a euphoric high within its consumers, has been a Schedule I drug since 1970 when the Controlled Substances Act enacted. Recently, another similar cannabinoid, Delta 8, has become available to the general public and many consumers are saying that this cannabinoid is the way to go. But how is something that is similar to Delta 9 legal? Let’s take a look at Delta 8 laws in Louisiana and across the country.
Farm Bill
In 2018, the USDA passed the Farm Bill. Within this bill, it provides the definition of industrial hemp. The bill states:
“HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
By this definition, as long as a hemp product contains less than 0.3 percent of Delta 9, then the product is legal to sell to the general public. Delta 8 is structurally different from Delta 9 on the molecular level. There’s a difference in double bonds. Delta 8 has a double bond on the 8th carbon chain. Whereas Delta 9 has a double bond on the 9th carbon chain. This difference is how Delta 8 can still be a psychoactive cannabinoid and still remain legal.
Because of the double bond difference between the two cannabinoids, Delta 8 is reported to be less potent and more controllable than its counterpart Delta 9. Though Delta 8 is legal on the federal level, it doesn’t always mean it is legal in every state. States have their own rules and regulations when it comes to the cannabinoid.
Louisiana State Law
Louisiana has made Delta 8 legal by adopting the same definition of industrial hemp that the Farm Bill stated. As long as the product contains less than 0.3 percent of Delta 9, then it is legal to sell to the general public. Delta 8 is structurally different from Delta 9. Products with Delta 8 naturally contain less than 0.3 percent of Delta 9. This makes Delta 8 products legal. Furthermore, Louisiana law states:
“Notwithstanding the definitions provided for in R.S. 40:961(6) and (26), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950. Acts 2019, No. 164, §2, eff. June 6, 2019. “
As long as a product follows the definition of industrial hemp, it won’t fall under the Uniform Controlled Dangerous Substances Law. Laws are always subject to change. Do your research before you purchase or consume any Delta 8 products.
Make sure to check back for more cannabis and hemp related news.