Suppose you haven’t heard of Delta-8-Tetrahydrocannabinol (Delta 8 THC). In that case, you should be aware that its popularity is growing – especially in states that don’t have recreational or medicinal marijuana and are working under federal hemp laws or a state hemp program. In essence, Delta 8 THC is the lighter version of its cannabinoid cousin, Delta-9-Tetrahydrocannabinol (THC for short), and Delta 8 THC has its own psychotropic properties.
What is it?
There are over 100 cannabinoids found in cannabis. People are familiar with the two that have gotten the most press: THC (the cannabinoid that is psychoactive and gets you high) and CBD (the non-psychoactive cannabinoid that doesn’t get you high but has some proven medicinal value). Delta 8 THC gets its name from its molecular structure (so does D9 THC) – Delta 8 THC has a double bond on the 8th carbon chain, THC on the ninth.
How does it work?
While there is a lot of work and research to be done on Delta 8 THC, initial research suggests Delta 8 THC binds to the CB1 receptor in our endocannabinoid system like THC, but the effects of Delta 8 THC aren’t as strong. Delta 8 THC isn’t found in as high concentrations in cannabis as CBD and THC, so processors have to use extraction techniques to produce Delta 8 THC from cannabis and other cannabinoids.
Is it Legal?
This question depends on where you live. In states that have recreational and medicinal marijuana, that answer is most likely yes. In states that don’t have marijuana legalized in some fashion, but have hemp legalized, if the Delta 8 THC product came from hemp it is probably legal provided it has less than .3% THC. This question depends on the laws written for each state’s hemp program.
In regards to impaired driving, states that have THC listed as a Restricted Controlled Substance (RCS) – meaning that you can’t have that drug in your system in a detectable amount when driving – probably don’t have Delta 8 THC listed as an RCS. That means, unlike THC, having Delta 8 THC in your system while driving is not illegal, though driving under the influence of it would be.
If you have a commercial driver’s license, you are subject to random drug screens as part of your employment, you have restrictions requiring absolute sobriety, or have an occupation that doesn’t allow you to consume marijuana, consuming Delta 8 THC will probably result in a positive test for THC. It would be best if you didn’t consume Delta 8 THC or risk consequences from its use. You should treat Delta 8 THC like you would any other psychotropic or intoxicating substance.
What to expect
Route 961 predicts Delta 8 THC to become more popular, especially in states that don’t have legal THC/marijuana in some form. People who want legal cannabis will use and buy Delta 8 THC because it is likely legal to possess and use provided it doesn’t have THC in it. Anecdotally, people have reported an intoxicating feeling from Delta 8 THC similar to THC. As word catches on, naturally, expect to see more people use Delta 8 THC as a perceived legal substitute for marijuana. CBD and cannabis stores have reported high demand for Delta 8 THC. One store owner stated, “Delta 8 THC is like having a beer, and marijuana is like having a shot of whiskey,” regarding the psychoactive effects of both cannabinoids.
For our law enforcement colleagues, expect Delta 8 THC products to test positive in Duquenois Levine test pouches. Route 961’s limited testing using the Hemp/CBD pouch resulted in inconclusive tests, so no positive for THC.
Want to know more?
Attend our 420 4 Patrol classes or our new Drug Trends course (open to law enforcement and civilians). Route 961 will discuss Delta 8 THC’s expected breakout, Delta 8 THC products, legality, and how to recognize its use.