The big scary word of the day is cannabis. It’s a Schedule I drug, classified by the DEA in the 1970s. But what is cannabis? It’s a plant filled with cannabinoids that create different effects within the body. Some cannabinoids, like Delta 9, create a high sense of euphoria in consumers and creates the effects most commonly associated with cannabis. Other cannabinoids, like CBD, are non-psychoactive compounds that can help with sleep, pain, and inflammation among other things according to research.

But what about Delta 8? This new cannabinoid that is causing quite the stir amongst consumers. What is it?

Delta 8

Delta 8 is a psychoactive cannabinoid closely related to Delta 9. Both cause the consumer to feel a sense of euphoria after consumption, but many consumers say that Delta 8 products are more controllable, less potent than Delta 9. This is because of a structural difference between these two cannabinoids on the molecular level. Double bonds are present on both carbon chains, but placement is different. 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 the main factor between the two cannabinoids. It’s also the difference that allows Delta 8 to be considered legal on the federal level while Delta 9 is still considered illegal. How is Delta 8 legal if Delta 9 isn’t?

Federal Law

2018 was a tremendous year for the cannabis and hemp industries. Each product was specifically defined on the federal level by the USDA’s Farm Bill. Within this bill, cannabis and hemp are defined separately, which hasn’t been done since cannabis as a whole plant was placed on the controlled substance list. The definition of hemp 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 states that any finished product that contains less than 0.3 percent of Delta 9 will be considered legal to produce, sell, and consume amongst the general public. Thanks to that structural difference on the molecular level between Delta 8 and Delta 9, Delta 8 products contain no Delta 9 within them, making them fall under this new definition. So, Delta 8 is legal on the federal level. But just because it is legal on the federal level doesn’t mean that it is legal in every state. What laws are there about Delta 8 in New Hampshire?

New Hampshire State Law

New Hampshire, like many other states, has adopted the same definition of hemp and subsequently Delta 8, that was set in the Farm Bill. Specifically, New Hampshire law states:

“306:4 Therapeutic Cannabis; Hemp Excepted. Amend 126-X:1

‘Cannabis’ means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.”

There is a distinct difference between cannabis and hemp. This allows for a clear and precise definition of what Delta 8 falls under. Delta 8 is legal in New Hampshire. But laws are always subject to change. Before purchasing and consuming any Delta 8 products, research the laws in your state.

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