Delta-8 — Sowing Confusion in the Cannabis Industry

CANNANNEW REPORT

Cannabis and the Law Foley Hoag LLP Delta-8 — Sowing Confusion in the Cannabis Industry Posted on July 26th, 2021 by Robert Gullo Marketed as a legal way to get stoned, Delta-8 products have been hitting the shelves of gas stations and smoke shops nationwide. But how can a product that purportedly gets users high escape federal and state regulation? What is Delta-8? Delta-8 is one of the hundreds of cannabinoids that are naturally found in hemp and cannabis plants. It is an isomer of Delta-9, the source of marijuana’s high. When it comes to tetrahydrocannabinol, one typically refers to the better-known THC, Delta-9. As an isomer of Delta-9, Delta-8 has the same chemical formula, but a different arrangement of atoms in the molecule. Isomers also tend to have different properties. It is estimated that Delta-8 has 75% of the potency of Delta-9 THC. The National Cancer Institute describes Delta-8 as: an analogue of tetrahydrocannabinol (THC) with antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties. Delta-8-tetrahydrocannabinol (delta-8-THC) binds to the cannabinoid G-protein coupled receptor CB1, located in the central nervous system; CB1 receptor activation inhibits adenyl cyclase, increases mitogen-activated protein kinase activities, modulates several potassium channel conductances and inhibits N- and P/Q-type Ca2+ channels. This agent exhibits a lower psychotropic potency than delta-9-tetrahydrocannabinol (delta-9-THC), the primary form of THC found in cannabis. Is Delta-8 legal under federal law? Even though it is not as potent as Delta-9, Delta-8 is included on the DEA’s list of controlled substances under “tetrahydrocannabinols” and thus, it is a controlled Schedule 1 drug. That being said, the Agriculture Improvement Act of 2018, dubbed the “Farm Bill”, expressly carved out “tetrahydrocannabinols in hemp.” Since then, there have been differing views over whether or not the Farm Bill created a loophole for the production and sale of hemp-based Delta-8 THC. One thing the Farm Bill did not impact is the…

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Source : Delta-8 — Sowing Confusion in the Cannabis Industry

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