Delta 8 is a cannabinoid found within the stem of the cannabis plant. But because of its close relationship with Delta 9, there are some conflicting laws and viewpoints that create a sort of grey area when it comes to Delta 8. Let’s look at Delta 8 laws in Michigan and across the country.
Delta 8
The first thing to define is what is Delta 8? This cannabinoid has psychoactive properties similar to that of Delta 9, which is the main cannabinoid within cannabis that consumers seek. The benefit of Delta 8 over Delta 9 is that Delta 8 creates a more controlled sense of euphoria than Delta 9.
How is this possible? There is a difference in a double bond on the molecular level between Delta 8 and Delta 9. There’s a double bond on the 8th carbon chain for Delta 8. Compare that to the 9th carbon chain in Delta 9. Delta 8 has psychoactive properties to a lesser degree because of this difference. Delta 8 also comes without some of the unwanted side effects Delta 9 causes like a cloudy head and increased paranoia and anxiety. Because Delta 8 doesn’t cause these effects while still creating a controllable high in its consumers, Delta 8 is a preferred product amongst consumers.
Federal Law
Because of Delta 8’s close relationship with Delta 9, it can be confusing on whether Delta 8 is legal or not. In 2018 the Farm Bill became Law after President Trump signed it. It classified Delta 8 as legal. How is this possible? Well, Delta 8 is an industrialized hemp product since it comes from the cannabis stem. Its synthesized in laboratories to create a consumable level. As long as the product contains less than 0.3 percent of Delta 9, its classified as legal. Products can be sold to the general public.
Delta 8 is a completely separate compound from Delta 9, so Delta 8 products don’t contain any Delta 9, making them legal.
Michigan State Law
Just because Delta 8 is federally legal, that doesn’t mean that it is legal in every state. Most states have the same classification of Delta 8 as the 2018 Farm Bill. Some states have different laws. Researching your individual state laws is incredibly important before you purchase any Delta 8 products. Michigan is a state that has also adopted the same definition of hemp that was stated in the Farm Bill. According to their state law:
“‘Industrial hemp’ means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.”
This states as long as the industrial hemp product contains less than 0.3 percent of Delta 9, then its legal. Delta 8 is classified as industrial hemp under these laws. Which would lead consumers to think that Delta 8 is legal in Michigan.
But it’s followed by this statement:
“Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both… are included in schedule 1.”
Confusion
Delta 8 is synthesized because there isn’t much of it found within the stem of the cannabis plant. This classification would then make Delta 8 illegal and on the controlled substance list. The wording is definitely unclear. It would be safest for consumers to further research the laws of the state before consuming any products.
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