The Legality Issues and The Future of Delta-8 THC

Delta-8 is a cannabinoid which is derived from hemp. It is technically legal according to federal legislation, but the method which is used to produce Delta-8 could affect its remaining a legal substance, and therefore, its future legal status.

As of August 2020, the DEA issued a rule called the Interim Final Rule, which stated that synthetically derived THC was still a controlled, Schedule 1 substance. It was not made clear what the IFR defined as synthetic, and then it did not issue updates as to the final ruling. In the meantime, since hemp is a legal plant at the federal level, extracts such as CBD are permitted to be sold in most states in the U.S. Since Delta-8 is produced from CBD derived from hemp, states have the right to determine the next step regarding the legality of Delta-8 THC.

As in most states, lawmakers in Florida are cognizant of the increasing popularity of Delta-8 THC. This holds true especially of vaping products for Delta-8. The Department of Agriculture and Consumer Services in Florida regularly discusses Delta-8 as new articles on this topic come out. The Director of Cannabis at this agency has taken the position that if Delta-8 products contain the permissable content of less than 0.3% THC, then companies can sell it. In studying the chemistry of the Delta-8 products, the FDACS\’ team has found that many of the products tested contained more THC than the legal limit. This is likely due to how they are made, and the director recommends that the Delta-8 companies find a reputable laboratory, and also make sure that they trust the Certificate of Analysis, COA.