Delta-8 THC is a chemical that is found in very small quantities in the hemp plant. It can produce hallucinogenic effects similar to its more popular sibling, delta-9 THC, the chemical that classifies hemp as marijuana. Due to a loophole in the 2014 farm bill, delta-9 THC was named specifically as a Schedule I drug, but delta-8 THC was not mentioned. Therefore, basement chemists have taken the position that it is legal and have found ways to convert legal CBD into delta-8 or even delta-9 THC in high quantities by washing it with acids to change its chemical makeup.

Is it Legal?

Since the intent of the 2014 Farm Bill was to legalize the non-intoxicating cannabinoids in the hemp plant, delta-8 THC has been challenged several times at different court levels. Some States have specifically enacted legislation to prohibit it, but at this point, the highest court to rule on it thus far has determined that if the 2014 Farm Bill wanted it to be illegal, they would have listed it along with delta-9 THC, so it must then be legal. The new Farm Bill to be released in 2024 will likely clarify this question.

Is it Safe?

Due to delta-8 THC’s questionable legal status, much of the chemical conversion from CBD to delta-8 is done in small labs and basements instead of reputable laboratories with high levels of quality control. The issues generally stem not from the delta-8 THC itself, but from the residual chemicals left in the products from poor lab techniques or inferior ingredients.

There have been numerous cases of adverse reactions and deaths from delta-8 products. For example, in 2019, more than 2,700 delta-8 vape users were sickened after inhaling Vitamin E oil used as an oil thickener in cartridges, and 68 people died from lung complications. In 2012, the U.S. Cannabis Council purchased an assortment of delta-8 THC products from retail stores in eight states. According to the report, many of the products contained compounds not allowed by state law in regulated cannabis products, including the metals chromium, copper, nickel, and lead.

Should I Use Delta-8 THC?

Cannabis products and manufacturing processes are not yet regulated by the FDA so caution should be used when purchasing or using any cannabis product.  If you purchase it from a reputable store or source, you are likely going to be OK. If you buy it from a gas station or other questionable location, you may not.

Soggy Bottom Hemp does not manufacture or sell any Delta-8 THC products. Our products are manufactured in a Kansas licensed facility and are 3rd party lab tested to ensure they are under the State and Federal THC limits.