Delta-8, a compound found naturally in small amounts in hemp, is usually a laboratory-produced derivative of cannabis. Consumers have made it popular because they say it produces a similar type of poisoning, or high, found in marijuana. They just have to be very careful with how they conduct business related to the production, manufacture and distribution of delta-8 thc products since the DEA got involved. Tetrahydrocannabinol delta-8, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties.
DSHS argues that because the state hemp law did not explicitly discuss delta-8 at all, it “did not allow or intended to allow the manufacture and sale of delta-8 products, according to the agency's response to the Hometown Hero lawsuit. The FDA is aware of the growing concern surrounding delta-8 THC products that are currently sold online and in stores. It is important for consumers to know that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. The DEA rule doesn't clearly define what it means by “synthetic derivatives,” which opens it up to interpretation and a lot of confusion, especially from cannabis brands that currently sell delta-8 THC products in Texas and beyond.
As mentioned, Texas follows this federal ruling and allows THC delta-8 to be sold, distributed, owned and consumed in accordance with state law. Although similar to Delta-9, the main psychoactive compound found in marijuana, Delta-8 is less potent than Delta-9 THC and has a lower or higher psychoactive effect. As more users begin to enjoy THC delta-8 in the Lone Star State, many are wondering how long this legal high can stay legal as the DEA approaches. The FDA is also concerned that delta-8 THC products may expose consumers to much higher levels of the substance than are naturally produced in raw hemp and cannabis extracts.
In addition, the FDA is concerned about the proliferation of products that contain delta-8 THC and are marketed for therapeutic or medical uses, although they have not been approved by the FDA. Because it is a “minor cannabinoid” and is only present in trace concentrations (up to 1%), hemp growers and manufacturers are converting CBD to delta-8 THC through an isomerization process. Each gummy contains 25 mg of Delta 8 THC and there are 25 gummies in a bottle for a total of 625 mg per bottle of Delta 8 THC. The following year, Texas passed House Bill 1325, which allowed the sale of low-THC hemp products containing 0.3% or less THC.
This amendment would have made all products with more than 0.3% delta-8 illegal under Texas law, which would have been a huge blow financial support for Delta-8 retailers and suppliers operating in the state.