Cannabis has found itself within many conversations this past year. Should it be legal? Should it only be used for medicinal purposes? Does cannabis deserve to be decriminalized and removed from the controlled substance list? Among these questions is a new topic. What is Delta 8 and how is it different from cannabis? And what do the laws saw about Delta 8 in Mississippi and across the country?

Delta 8 is a less potent and more controllable psychoactive cannabinoid found within the stalk of the cannabis plant. It’s different from Delta 9, which is the main cannabinoid in cannabis that causes the sense of euphoric high that consumers look for when they take cannabis. The difference between these two cannabinoids is on the molecular level. There is a double bond on the 8th carbon chain for Delta 8. There’s a double bond on the 9th carbon chain for Delta 9. 

This difference is what makes Delta 8 less potent, but still as effective as Delta 9. This difference is also what makes Delta 8 legal for the general public to sell, produce and consume. How is that possible?

Federal Law

Delta 8 is legal thanks to the Farm Bill passed in 2018 by the USDA. Within this bill, it defines the difference between cannabis and hemp. The Farm Bill specifically 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.”

This definition means that as long as the final product contains less than 0.3 percent of Delta 9, then it is legal to produce, sell, and consume within the general public. Thanks to that structural difference between Delta 8 and Delta 9, Delta 8 products naturally contain less than 0.3 percent of Delta 9 in them. This is how they fall under the hemp term. Because Delta 8 is hemp and doesn’t contain any Delta 9 within the final product, it is federally legal. 

But just because Delta 8 is legal on the federal level doesn’t mean that it is legal in every state. Many states have their own rules and regulations when it comes to cannabis and hemp. It’s how some states allow medical cannabis and others don’t. So what does Mississippi Law state about Delta 8?

Mississippi State Law

Unfortunately, Mississippi is one of the minority states that has banned the growth, production, sale, and consumption of anything to do with hemp, which includes Delta 8. The Mississippi Law goes on to state: 

“Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric) and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(b)Tetrahydrocannabinols, meaning tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis plant), as well as the synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant”

This means unless the law specifically states or is changed in the future, Delta 8 will be an illegal substance in the state. Laws are always subject to change, so research the laws in your state before consuming any Delta 8 products.

Make sure to check back for more cannabis and hemp related news.