Delta 9 is a psychoactive cannabinoid that creates a euphoric high when consumers take marijuana. However, Delta 9 is also a Schedule I drug and is considered to be a huge danger to the general public. Delta 8 is also a psychoactive cannabinoid that creates a euphoric high when consumed, but on a more controllable level. Therefore, Delta 8 is federally legal. So, what’s the difference?
On the molecular level, Delta 8 and Delta 9 are the same except for a difference in a double bond. Delta 8 has a double bond on the 8th carbon chain. Delta 9 has a double bond on the 9th carbon chain. This small difference is how Delta 8 is less potent and more controllable than Delta 9. But if each cannabinoid creates similar effects and is structured similarly, why is Delta 9 illegal while Delta 8 is legal?
Federal Law
Delta 8 is legal thanks to the USDA’s Farm Bill, passed in 2018. Within this bill, two parts of the cannabis plant, hemp and marijuana, are defined separately. This hadn’t been done since the 1970s when the Controlled Substances Act stated that anything that came from the cannabis plant, whether it created psychoactive effects or not, was considered dangerous to the general public and was made illegal. But with this new separate definition, hemp and its products became legal. 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 a product contains less than 0.3 percent of Delta 9 within it, then it is defined as hemp and is legal to grow, produce, sell, and consume within the states on a federal level. Because Delta 8 is structurally different from Delta 9, Delta 8 products will contain less than 0.3 percent of Delta 9 within them.
But just because something is legal on the federal level doesn’t mean it is legal in each state. States create their own laws around cannabis, hemp, and what it is classified as. It’s how some states have legalized medical marijuana and others haven’t. What does Tennessee state law say about hemp and Delta 8?
Tennessee State Law
Tennessee legalized hemp production and consumption when they adopted the Farm Bill Definition. The law specifically states:
“43-27-101
(3) “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 delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; and
(4) “THC” means delta-9 tetrahydrocannabinol.”
As long as a product contains less than 0.3 percent of Delta 9, then it is legal to sell and consume in the state. Delta 8 is different from Delta 9 and falls under those guidelines. Therefore, Delta 8 is legal in Tennessee. Laws are always subject to change. Research the laws in your state before purchasing and consuming any Delta 8 products.
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