Cannabis is a plants that receives heavy debate. Should it be legalized? Should it be heavily regulated? Within cannabis is Delta 9, a psychoactive cannabinoid that is responsible for the euphoric high consumers feel when they take cannabis. It’s what makes cannabis a scheduled drug. However, there is another cannabinoid that can create some of the same effects Delta 9 can in a less potent and controllable form. It’s known as Delta 8.
So what makes Delta 8 different from Delta 9. Well, Delta 8 is structurally different from Delta 9 on the molecular level. 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 what allows Delta 8 to be less potent and more controllable. Many who have tried Delta 8 have reported that it is the preferred cannabinoid for them to consume. So, how is Delta 8 legal but Delta 9 isn’t? And what is Delta 8 look like in Massachusetts?
Federal Law
Delta 8 THC is legal thanks to the definition of industrial hemp set by the USDA in their 2018 Farm Bill. Within the bill, it states:
“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.”
As long as any derivative of hemp contains less than 0.3 percent of Delta 9 in its final form, then the product is legal to produce, sell, and consume amongst the general public. This is how Delta 8 is legal on the federal level. But just because it’s legal federally doesn’t mean that it is legal in every state. Each state has its own rules and regulations. So what Delta 8 laws are there in Massachusetts?
Massachusetts State Law
Massachusetts has adopted the same definition of industrial hemp as defined by the Farm Bill. The law also states:
“‘Hemp Products’, all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.”
As long as a final product follows the guidelines set by the USDA within the Farm Bill, then the product is legal to sell, produce, and consume within the state. Laws are always subject to change so research the rules within your state before consuming any Delta 8 products.
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