Marijuana may be entirely legal in one state and entirely illegal in the state bordering it. With this kind of discrepancy, you get the search for loopholes, and the availability of Delta-8 products in marijuana-prohibited states is exactly that.
Delta-8 THC is a hemp derived extract that has similar intoxicating affects to marijuana, but because it is derived from hemp instead of marijuana, it is technically legal in all 50 states. Many states have been clamping down on its availability, but it still is gaining traction in others.
According to the FDA, 22 negative reactions to delta-8 have been recording that includes vomiting, hallucinations, and a loss of consciousness. They are concerned that because it is labelled as hemp, it could potentially be misleading to consumers who aren’t looking for a high.
“The FDA is also concerned that delta-8 THC products likely expose consumers to much higher levels of the substance than are naturally occurring in hemp cannabis raw extracts. Thus, historical use of cannabis cannot be relied upon in establishing a level of safety for these products in humans.”
— ONDCP (@ONDCP) September 14, 2021
Also, because most of the extracts are being created at an amateur level, there is concern that the process of synthesizing delta-8 can lead to contaminated, unsanitary products.
“Variations in product content, manufacturing practices, labeling, and potential misunderstanding of the psychoactive properties of delta-8 THC may lead to unexpected effects among consumers.”
The reaction from the CDC and FDA boils down to us not fully understanding the reach and potential danger of the synthesis process. There is also probably concern of a repeat from the days where black market vape pens were causing a small portion of deaths.
Notably, the agencies are not recommending a ban. They’re simply advocating for accurate labelling, so that consumers know exactly what they’re getting themselves into.
“Retailers selling cannabis products should report total THC content on product labeling, including ingredients like delta-8 THC that may be synthetically produced to create a psychoactive effect.”