What is Delta 8? This is a psychoactive cannabinoid that is less potent and more controllable than Delta 9, which is the main cannabinoid within cannabis that creates the euphoric high consumers feel after taking cannabis. This difference in properties is because of a difference in the cannabinoids’ molecular structure. Delta 8 has a double bond on the 8th carbon chain, compared to Delta 9 which has a double bond on the 9th carbon chain. This difference is also how Delta 8 is federally legal and Delta 9 is still classified as a Schedule I drug by the DEA.
Federal Law
How is one Delta legal but the other isn’t? This is because the USDA defined marijuana and hemp separately in 2018’s Farm Bill. This was the first time that this had been done since the Controlled Substances Act began in the early 1970s. It considered every part of the cannabis plant a Schedule I drug. Because of this separation, the Farm Bill gives hemp a whole new definition. It 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 Delta 9, it is legal to produce and sell. But just because Delta 8 is considered federally legal doesn’t mean its legal in every state. States create their own rules and regulations surrounding cannabis and hemp. It’s how some states have legalized medical cannabis and others haven’t. So, what does Virginia say about hemp and Delta 8?
Virginia State Law
Virginia has joined a majority of states in adopting the Farm Bill’s definition of hemp and Delta 8. As long as a final product contains less than 0.3 percent of Delta 9, it is legal to produce, sell, and consume. The Virginia state law goes on to say:
“Marijuana shall not include (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent, or (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law.”
The definition quoted in the law is the exact wording from the Farm Bill. Laws are always subject to change. Research the rules and regulations in your state before purchasing and consuming Delta 8 products.
Make sure to check back for more cannabis and hemp related news.