With cannabis reform hot on everyone’s minds, it can seem overwhelming to learn about all the different parts of the plant and what it can do for people when consumed. While the country waits for each state to make their own reforms in their own time, many are finding it difficult to remain calm in the wake of a pandemic. But there is another option, one that is affordable and federally legal. It’s called Delta 8.
Delta 8 is a psychoactive cannabinoid similar to Delta 9, the main cannabinoid in cannbis that creates the euphoric high. But Delta 8 seems to have different effects on consumers than Delta 9, as many have reported. Delta 8 creates a more controllable euphoria without any negative side effects. Those can include a cloudy head and increased paranoia and anxiety. This is because Delta 8 has been reported to be less potent than Delta 9 thanks to a minor difference on the molecular level. Delta 8 has a double bond on the 8th carbon chain where Delta 9 has a double bond on the 9th carbon chain.
Because of Delta 9’s psychoactive properties, it has found itself on the controlled substance list at Schedule I drug. This is the highest level of drug classification the DEA created. This means anything to do with Delta 9 illegal, highly addicting, and has a high potential for physical and psychological impairment. Delta 8 is similar to Delta 9, but it is readily available to the general public for consumption. How is that possible?
Federal Law
The USDA approved the Farm Bill in 2018. Within this bill, it separated hemp as its own product with its own definition, separate from marijuana. This is the first time since Controlled Substances Act in the 1970s that hemp and marijuana were defined separately. This bill stated that anything to do with cannabis, whether it had psychoactive properties to it or not, would be listed as a Schedule I drug. The Farm Bill 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.”
As long as the final product contains less than 0.3 percent of Delta 9, it’s legal to produce, sell, and consume. This is great for hemp products, and Delta 8 is one of those. Even though Delta 8 has some psychoactive properties to it, the molecular structural difference means Delta 8 products contain less than 0.3 percent of Delta 9. So, Delta 8 is legal on the federal level.
But just because Delta 8 is federally legal doesn’t mean it’s legal in every state. States create their own definitions and policies when it comes to hemp and hemp derived products. It’s how some states have legalized medical marijuana and others haven’t. So, what does Rhode Island state law say about Delta 8?
Rhode Island State Law
Up until recently there had been some confusion around the legality of hemp within the state of Rhode Island. In an update to their state law, hemp is legal, but only in certain forms. Those include:
“Hemp products” or “industrial hemp products” means all products made from the plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and seed certified for cultivation., which satisfy the requirements of this chapter.”
The only consumable product listed is for CBD. But since Delta 8 has some psychoactive properties, though not to a level that Delta 9 contains. Rhode Island placed Delta 8 on the controlled substance list because of its classification as a THC. So even hemp derived Delta 8 is considered an illegal substance within the state of Rhode Island.
Laws are always subject to change, so 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.