I've just been hearing about this compound over the last week or so, but it seems like it could be a big deal because of its potential legal status.
Cannabis is a flower that has grown naturally in the wild for thousands of years. It’s chocked full of chemical constituents–some of which are known as cannabinoids–that mesh with receptors throughout our body, eliciting a spectrum of mental and physical effects. THC or delta-9-tetrahydrocannabinol is by far the most well-known of these cannabinoids, but certainly isn’t the only powerful chemical compound native to the cannabis flower. Delta-8-THC, one of the four most common cannabinoids, is similar to its psychoactive relative THC, but with several key differences.
The gist is that it's psychoactive, yet because of a loophole created by the 2018 Farm Bill may also be legal federally to manufacture and possess if it is derived from hemp, because hemp is excluded from the definition of "marihuana". Delta-8-THC also doesn't seem to qualify as an analogue.
Before I go any further, I should say that this is an untested legal theory at this point. You don't want to become that test case. I'm not saying you should feel free to order or use Delta-8-THC and I'm definitely not giving you legal advice. You can read more about the legalities here.
Also, according to one vendor of Delta-8-THC, sale and transport are illegal in the states of Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, MIssissippi, Montana, Rhode Island and Utah.
Does anyone know about this stuff? It seems that the loophole will be closed pretty damn quick if it provides a real legal defense, but it would be cool in the meantime if there's a window to purchase for those in states where cannabis is still illegal.
Of course, the Dee Eee Ehh has promulgated a rule that seems to attempt to regain control over the compound, though as an administrative agency it doesn't have the power to overrule federal legislation:
It looks like the rule led many in the industry to come to the conclusion that D8THC is now illegal, but the legal blogs I'm reading are disagreeing. This is all pretty recent, taking place in the last few months.
Edited by Sidestreet, 27 December 2020 - 11:31 AM.