Cannabis reform. It’s what many are calling for as the years go on. While that may take a while, there are other products that can achieve the same effects that cannabis does. These products contain cannabinoids. Each cannabinoid can create different effects within the human body. Almost 120 different cannabinoids are in the cannabis plant. New cannabinoids become discovered every year. One cannabinoid creating a huge wave in the cannabis and hemp industries is Delta 8.
Delta 8 is a psychoactive cannabinoid which creates similar effects to Delta 9, the main psychoactive cannabinoid in cannabis. Delta 8 is considered less potent and more controllable than Delta 9.
How is this possible? Delta 8 has a difference in double bonds on the molecular level compared to Delta 9. Delta 8 has a double bond on the 8th carbon chain whereas Delta 9 has a double bond on the 9th carbon chain. This is how Delta 8 can have similar effects to Delta 9 while being more controllable and enjoyable. Plus, Delta 8 is federally legal. Delta 9 is still a Schedule I drug by the DEA. How is this possible?
Federal Law
Delta 8 is federally legal thanks to the definition of hemp as set by the Farm Bill, passed by the USDA in 2018. This is an incredible leap forward for the hemp industry. Since the 1970s, hemp and cannabis were defined together. They were Schedule I drugs under the Controlled Substances Act. Now hemp and cannabis are defined separately. More opportunities for hemp have opened up, including the production and sale of Delta 8.
The Farm Bill state:
“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 a final product contains less than 0.3 percent of Delta 9, then it’s defined as industrial hemp. It can be sold to the general public. Since Delta 8 has a structural difference from Delta 9, its products will contain less than 0.3 percent of Delta 9, making Delta 8 legal.
But just because something is legal on the federal level doesn’t mean that it is legal within every state. States have their own rules and regulations when it comes to cannabis and hemp. It’s how some states have legalized medical cannabis and others haven’t. So what does New York state law say about hemp and Delta 8?
New York State Law
Unfortunately, until recently, New York offered Delta 8 to citizens. But with the recent cannabis legalization changes, hemp laws changed as well. The new law states:
“Section 1005.7 Requirements for Cannabinoid Hemp Processors
(a) All cannabinoid hemp processors shall:
(11) not contain synthetic cannabinoids, or cannabinoids created through isomerization, including Δ8-tetrahydrocannabinol and Δ10-tetrahydrocannabinol.”
Any synthetic cannabinoids are now illegal in New York. Hemp is still legal, but only naturally occurring cannabinoids. Delta 8 is a naturally occurring cannabinoid. However, its such a small amount it has to be synthesized in a lab. That way, Delta 8 can be added to products in high enough quantities for consumers to feel. While products with CBD make the cut for appropriate hemp products in New York, Delta 8 does not.
Always research the rules and regulations of each state before purchasing and consuming any Delta 8 products. It’s clear that laws are always changing.
Make sure to check back for more cannabis and hemp related news.