The hemp-derived cannabinoid market has skyrocketed since the signing of the 2018 Farm Bill, which legalized hemp production for all purposes and allowed companies to begin selling products infused with cannabinoids, so long as they are derived from hemp containing no more than 0.3% THC.
While this change allowed myriad Americans to introduce non-psychoactive cannabinoids like CBD, CBG, and more to their wellness routines, the market today is saturated with the psychoactive cannabinoid delta-8 THC. Often cited as an unintended consequence of the 2018 Farm Bill, lawmakers and scientists alike are now looking at the bustling delta-8 market with concerns surrounding safety and regulation. Many growers have concerns that it will negatively affect the cannabis industry if it does become a regulated and more sought-after substance.
What is Delta-8 THC?
Delta-8 THC is a naturally occurring psychoactive cannabinoid found in the Cannabis sativa plant. It’s the most prominent hemp-derived form of THC in the US and is now easy to find and purchase online and in-person, even in states without legal recreational cannabis.
The cannabinoid is similar to delta-9 THC, the “classic” form of the cannabinoid. Delta-8 THC typically elicits psychoactive effects that are more mild and subdued than its more well-known counterpart.
A survey of delta-8 users published in the Journal of Cannabis Research provides more insight on user experiences with the cannabinoid, with respondents reporting less paranoia, less anxiety and a more mellowed high than delta-9 THC, plus potential medicinal benefits like relaxation, stress, and pain relief. While consumers are able to legally purchase the cannabinoid, many experts agree there is an immediate need to reevaluate the current system.
Is Delta-8 Legal and Regulated?
In the 2018 Farm Bill, THC is specifically defined as delta-9 THC, which is still federally illegal, and the oversight essentially created the delta-8 market. Even though the cannabinoid is detectable only in trace amounts in hemp and cannabis plants, manufacturers have discovered how to produce more by manipulating the plant’s CBD.
That means delta-8 is technically federally legal, though a number of states have already moved to ban the compound. Now, lawmakers are reckoning with the fact that there are abundant psychoactive products on the market without the regulation required for delta-9 THC products and other cannabis-derived compounds found in legal dispensaries.
“While these marketed products may be labeled as hemp-derived cannabinoid products, some of these products may be, in fact, synthetically derived, with associated impurities of unknown safety profile,” says Nandakumara Sarma, PhD, director of Dietary Supplements and Herbal Medicines at United States Pharmacopeia (USP). “Both the FDA and CDC issued public health advisories to inform consumers about these risks, as well as adverse event reports and concerns regarding products containing delta-8 THC.”
Given the very low concentrations of delta-8 in cannabis and hemp, Sarma says it’s very likely that the majority of delta-8 products on the market are synthetically derived, which, along with unknown impurities, may come with different degradants and synthetic cannabinoid analogs not naturally produced in cannabis and hemp plant material, for which there may be little or no safety or toxicity data.
Delta-8 THC: The Road Ahead
The FDA is actively working with federal and state leaders to address concerns surrounding delta-8 THC, as the administration received 104 reports of adverse events due to delta-8 THC consumption between December 1, 2020 and February 28, 2022.
The DEA has also stepped in and is in the process of proposing new rules to clarify the legality of delta-8 THC and other similar cannabinoids, potentially moving them to a prohibited status in the future. The upcoming 2023 Farm Bill update could also contain new measures surrounding cannabinoids such as delta-8.
Sarma says there is a need for systematic clinical investigations, supported by quality research materials and methods, before minor cannabinoids like delta-8 are readily available on the consumer market. The Journal of Natural Products recently noted the lack of systematic clinical investigation of minor cannabinoids like delta-8 as a current research gap, though the FDA’s recent guidance and other resources could be used to set the future stage for these unique compounds.
To make matters more complicated, delta-8 is just one of many cannabinoids — like delta-10 THC, delta-8 THC-O-acetate and hexahydrocannabinol (HHC) — that have scientists and leaders concerned for similar reasons.
“The emerging use of minor cannabinoids and the cannabinoid analogs should be subjected to systematic preclinical and clinical investigations before they are released to the market to help ensure their safety and to characterize and identify any potential toxicities,” Sarma says.
Some of these products may in fact be safe for consumers, but the problem is, we simply don’t know enough as it stands today to say one way or the other. Mirroring many conversations surrounding the cannabis, hemp, and even psychedelic spaces, more research is needed to form a concrete perspective.