One of the hottest topics today is Delta-8, a THC compound found in cannabis sativa. What is it? Is it legal? Where can I buy it? Does it get you high? We will address these questions, I promise – but first, a little history.

On December 20th, 2018, the Agricultural Improvement Act of 2018 became public law number 115-334. More commonly known as the “2018 Farm Bill” this law made big changes to Department of Agriculture programs that address many items such as conservation, forestry and horticulture. Even more exciting were the changes involving the cannabis sativa plant on the federal level and its role in industrial hemp and agriculture.

Cannabis vs. Hemp – What’s the Difference?

Cannabis Sativa is a flowering plant from the Cannabaceae family. Hearing the term cannabis usually invokes thoughts of “marijuana” or “weed” that can be purchased legally in states such as Colorado or California. The legal cannabis available for purchase in those states is highly revered for its medical and spiritual benefits.

How is hemp different? Brace yourself – it’s not! Hemp is also Cannabis Sativa! Scientifically speaking, there is no distinction between cannabis, marijuana, weed or hemp; however, there is a LEGAL distinction between “hemp” and “marijuana.” That difference is the percentage of Delta-9 tetrahydrocannabinol (THC) content by dry weight.

In section 297A of the the 2018 Farm Bill “hemp” is defined as:

Subtitle G--Hemp Production

``SEC. 297A. <<NOTE: 7 USC 1639o.>>  DEFINITIONS.

    ``In this subtitle:
            ``(1) Hemp.--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 delta-9 
        tetrahydrocannabinol concentration of not more than 0.3 percent 
        on a dry weight basis.

I know what you’re thinking! THC is the cannabinoid that gets me high – and it’s CLEARLY not allowed in industrial hemp. BUT, that’s not the case.

There are over 113 identified cannabinoids in the cannabis sativa plant and one of those cannabinoids is THC. There are multiple kinds of THC, the psychoactive compound in cannabis, that gets people high. ONE of those is delta-9 THC, which is still federally required to be below 0.3% concentration on a dry weight basis.

What are the other kinds of THC?

THC is a broad term that is generally used to describe delta-9 tetrahydrocannabinol – but there are other forms of THC including Delta-8 THC, Delta-10 THC, THCA, THCO, THCP and THCV. All of these forms of THC will produce a psychoactive effect much like Delta-9 THC. And they are federally legal as defined by the 2018 Farm Bill.

The oldest research we were able to find on Delta-8 THC stems all the way back to 1977 when four major compounds were identified in cannabis: Delta-9 THC, Delta-8 THC, Cannabidiol (CBG) and Cannabinol (CBN). Delta-8 THC and CBN were found to substitute Delta-9 THC in sufficient doses. You can read about these studies here.

We will be focusing on Delta-8 THC in this article.

Will Delta-8 give me the same effects as Delta-9?

In short, yes! Delta-8 is a form of THC, the psychoactive compound in cannabis that when given in the proper doses will give a consumer an extremely similar feeling to Delta-9 THC. Many consumers report the Delta-8 experience as being a smooth, cerebral high with less paranoia and anxiety than Delta-9 THC. And that has been our experience as well.

Delta-8 THC will, in essence, get you “high.” It will also show up on a drug screen where they are testing for THC or “marijuana.”

Because of these effects, it is important that you consume Delta-8 THC and all exotic THCs responsibly. You should never drive or operate heavy machinery while using any THC products, including Delta-8 THC.

Is Delta-8 legal in my state?

Most states have not ruled on the legal status of Delta-8 THC and are falling under the federal legalization. Some states with legal Delta-9 THC have made these other compounds illegal, undoubtedly because of the impact they could have on their regulated and heavily-taxed Delta-9 THC products.

Our physical brick and mortar store is located in Wisconsin, and in Wisconsin, Delta-8 THC is currently a legal product of industrial hemp in Wisconsin as defined in Wisconsin Statute 94.55. Delta-8 THC products are legal as long as they contain less than 0.3% Delta-9 THC by dry weight. This includes all the other forms of THC as well.

The most up-to-date information on the legal status of Delta-8 THC by varying states can be found here.

Is Delta-8 THC safe?

There are no current studies on the long-term effects of Delta-8 THC. Delta-8 THC is currently unregulated so it is extremely important that you educate yourself as the consumer on which products you are consuming. Here are some things to look for when shopping for Delta-8 THC and other exotic THC compounds:

• Independent lab-testing (ideally with unique batch-testing) for each product.
• Scannable QR codes that link you directly to third-party lab results.
• Fully ceramic or ceramic-coil vape cartridges to ensure you are not inhaling heavy metals or chromium as part of the vaporization experience.
• Clear ingredient-labeling for edible products.
• Vapor products should be free of fillers such as vegetable glycerin, vitamin E acetate and propylene glycol which can be commonly used to alter the viscosity of inferior-quality distillates.
• Buy from reputable stores and dispensaries with helpful staff members that can answer any questions or concerns you have regarding the products they are trying to sell you.

Where can I buy Delta-8 THC?

Delta-8 THC can be found in many retail stores across the state and country. Delta-8 THC comes in the same forms as Delta-9 THC including flower, cartridges, concentrates (dabs, shatter, budder, wax, etc.) and edibles.

At Earthy Herbs, we only carry products that meet the above-referenced criteria. We also offer in-person shopping at our location in Wrightstown, Wisconsin with a friendly and knowledgeable staff that is eager to answer any questions or concerns you may have. We also offer online purchasing through our website and we ship most products within the state of Wisconsin and to our friends in other states where Delta-8 THC is not illegal.