What’s the difference between Delta-8, Legal THC, and Fake Cannabis?

Introduction

As the cannabis industry experiences a surge in popularity and legalization across various states, a complex market has emerged with products like delta-8, legal THC, and fake cannabis vying for attention. In this post, we'll explore the differences between these substances, their legal status, potential risks, and why consumers should exercise caution, especially when dealing with unlicensed stores.

Understanding Delta-8

Delta-8, short for delta-8 tetrahydrocannabinol, is a compound found in cannabis plants. It is chemically almost identical to delta-9 THC, the well-known psychoactive compound in cannabis. Both delta-8 and delta-9 THC bind to the same CB1 receptors in the brain, leading to a "high" for the user. The key difference lies in a subtle molecular variation, resulting in a slightly weaker bond to these receptors for delta-8. 

This distinction is suggested to contribute to milder effects, with some claiming that delta-8 produces a calmer and less anxious high compared to traditional THC. While delta-8 occurs naturally in trace amounts in hemp plants, most delta-8 products are synthesized from hemp-derived CBD. It's important to note that the legality and safety of delta-8 vary by state, and its unregulated nature raises concerns about potential risks.

The Legal Quandary of Delta-8

The legality of delta-8 is tied to a legal loophole at the federal level. In 2018, the U.S. government passed a bill allowing the legal cultivation of hemp, provided it contained less than 0.3% delta-9 THC. The oversight in this legislation lies in the specific definition of THC, which refers only to delta-9 THC. As a result, delta-8, being a distinct compound, became legal as it can be derived from hemp plants containing minimal delta-9 THC.

This legal framework allows delta-8 to be extracted and sold from hemp plants. However, it's crucial to note that while delta-8 is federally legal, some states have implemented restrictions, regulations, or outright bans on its cultivation, sale, or use. The legality of delta-8 is subject to change, and consumers should stay informed about the regulations in their specific state. Additionally, the lack of federal regulation means that the production and sale of delta-8 are widely unregulated, raising concerns about product safety and quality.

You May Also Read: Types of Drug Tests (and How to Safely Cleanse THC from Your System)

Delta-8 Legality in Virginia

In recent developments, the legal status of delta-8 in Virginia has undergone a significant shift. While delta-8 remains federally legal, the state of Virginia has implemented new regulations to address concerns surrounding its availability and potential risks.

Effective July 1, 2023, Virginia has implemented amendments to its Industrial Hemp and Food and Drink Laws, regulating the manufacturing and sale of hemp-derived products. Key regulations include THC limits for retail sale, an Edible Hemp Products Disclosure requirement, child-resistant packaging for THC-containing edibles, labeling specifications, civil penalties up to $10,000 for violations, and Consumer Protection Act measures prohibiting certain THC derivatives. 

Additionally, a forthcoming regulated hemp product retail facility registration program will be established. These regulations aim to enhance safety, transparency, and compliance within the hemp product industry in Virginia.

The Perils of Fake Cannabis

Unlicensed stores have seized the opportunity to market synthetic cannabis as a safe alternative to traditional THC. Fake cannabis, also known as synthetic cannabinoids, differs significantly from natural cannabis, as it involves spraying synthetic compounds onto plant material. This unregulated and untested process leads to unpredictable effects, with reported incidents of rapid heart rate, vomiting, unusual behavior, and even life-threatening consequences.

Identifying Counterfeit Cannabis

Distinguishing between legitimate and fake cannabis requires vigilance. Consumers should research retailers and brands, looking for licensed dispensaries that adhere to safety standards. Suspiciously low prices may indicate fake cannabis, and reputable brands often provide lab test results for their products. A Certificate of Analysis (COA) is a valuable document that assures consumers of a product's safety and legitimacy.

The Risks of Unlicensed Stores

While licensed cannabis stores adhere to strict regulations and safety standards, unlicensed counterparts pose significant risks. Products from unlicensed stores may be contaminated with pesticides, mold, or heavy metals. Consumers should prioritize purchasing from licensed dispensaries, ensuring the quality, consistency, and accuracy of labeled products.

Delta-8 vs. Traditional THC

While delta-8 may seem appealing with its natural occurrence in hemp plants and reported milder effects, the refining process for most delta-8 products raises concerns. The FDA has issued warnings about potential risks, citing adverse effects such as hallucinations, vomiting, tremors, and loss of consciousness. In contrast, legal THC undergoes rigorous testing and regulation, providing consumers with safer options.

Related: CBD vs. THC: How Do They Differ?

Potential Health Concerns

The side effects of legal THC are well-documented, allowing users to anticipate and manage potential risks. However, delta-8 and fake cannabis present unknown complications. Reports from national poison control centers indicate over 2000 calls related to delta-8 products in 2021, with one incident resulting in death. Fake cannabis, labeled as "not safe for human consumption," underscores the dangers associated with synthetic cannabinoids.

Related: Feds Clarify That Doctor-Recommended Medical Marijuana Is No Excuse For A Positive THC Test Under New Workplace Guidelines

The Future of Cannabis Regulation

The Controlled Substances Act classified cannabis as a Schedule I substance in 1970. However, a significant development occurred in July 2023 when the Department of Health and Human Services recommended reclassifying cannabis as a Schedule III substance. This potential reclassification would open avenues for extensive research on medicinal benefits and alleviate tax penalties on the cannabis industry.

Conclusion

In the evolving landscape of cannabis products, consumers must navigate the distinctions between delta-8, legal THC, and fake cannabis. Awareness of local regulations, choosing licensed dispensaries, and prioritizing safety through lab-tested products are crucial steps to ensure a positive and secure cannabis experience. As research and regulations continue to develop, staying informed remains paramount in making informed choices in the realm of cannabis consumption.

 

FAQs

  • While delta-8 is legal at the federal level, its legality varies from state to state. As of August 2023, delta-8 is legal in Massachusetts. However, consumers should be aware that several states have regulated, restricted, or even banned delta-8. To ensure compliance with local laws, it is essential to research and stay updated on the legal status of delta-8 in your specific state.

  • Delta-8 and delta-9 THC are chemically similar, but a slight molecular difference weakens the bond delta-8 forms with the brain's CB1 receptors. This difference is reported to result in a milder, less anxious high for delta-8 users. However, it's crucial to note that most delta-8 products are synthesized from hemp CBD, and the refining process is unregulated, raising concerns about potential contaminants. Traditional THC, subject to state-regulated safety standards, may be a safer alternative.

  • Fake cannabis, also known as synthetic cannabinoids, is made by spraying synthetic chemicals onto dried plant material. These chemicals are often unknown and unsafe for human consumption. Consuming fake cannabis can lead to various adverse effects, including tremors, heart problems, vomiting, and behavioral changes. It's essential for consumers to be aware of the dangers associated with synthetic cannabinoids and opt for reputable, licensed dispensaries that adhere to safety standards.

Headshot of Steven Fiore, MD

This article has been reviewed by Steven Fiore, MD.

Ukeme Akpan

Ukeme is a skilled content writer and SEO specialist with a proven track record of delivering high-quality, engaging, and optimized content. With experience working on platforms like Freelancer.com and Upwork, Ukeme has successfully collaborated with clients across diverse industries, helping them boost their online presence and achieve measurable results.

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