Delta 8 is an up and coming cannabis readily available to the general public. But what is it and is it legal? This cannabinoid has some psychoactive properties, meaning it can create the same sense of euphoria associated with cannabis. That’s because the main cannabinoid in cannabis is Delta 9. Both Delta 8 and Delta 9 are structurally similar but also different enough to create a less potent effect in Delta 8, making it a preferable cannabinoid for consumers.
There’s a double bond difference 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 is the crucial difference for the legalization of Delta 8 over Delta 9. So how is Delta 8 legal but Delta 9 isn’t? What are the federal laws surrounding Delta and what does Pennsylvania say about the new cannabinoid?
Federal Law
2018 saw a revolution in the classification of hemp and cannabis and how it is sold and handled amongst the general public. The USDA passed the Farm Bill, which defined industrial hemp as a product that contains less than 0.3 percent of Delta 9 within the final product and is derived from hemp, whether it is growing or synthesized. That’s a lot of mambo jumbo, what does it mean? It means that as long as a product doesn’t contain more than 0.3 percent of Delta 9 in the finished product, then it is legal to sell to the general public.
Delta 8 is structurally different from Delta 9. So, any product made with Delta 8 and not Delta 9 will automatically pass the requirements. This revolutionized the access consumers had to Delta 8 products and the industry has seen an incredible expansion in the two years the bill has been in place, looking to see an even further expansion in the next few years.
But just because Delta 8 is federally legal does not mean that each state makes it legal as well. So what Delta 8 laws are there in Pennsylvania?
Pennsylvania State Law
Like a majority of states, Pennsylvania has made Delta 8 legal by following the same definition of hemp as defined in the USDA’s Farm Bill. The Pennsylvania law states:
“1) Title 3 § 702. Definitions. “Industrial hemp.” The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
(2) the mature stalks of an industrial hemp plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.”
Laws are always subject to change. Research the laws in your state before purchasing and consuming Delta 8 products. Make sure to check back for more cannabis and hemp related news.