You have probably seen delta-8 THC, hemp, and CBD being advertised everywhere — at gas stations, vape shops, convenience stores, and all over your social feed. They are sold in different forms: edibles such as gummies, cookies, and chips; liquids for vaping; and “flower” for smoking. It can be confusing, and you might be wondering: Are these products legal? Are they safe to use? Do they really offer the health benefits people talk about, or is it just hype? We’ll unpack it all in this blog.
What is Hemp?
Hemp is a type of cannabis plant species. It has been used for thousands of years to make a wide range of products such as clothing, paper, building materials, hemp oils, hemp hearts, protein powders, and CBD (cannabidiol). Unlike the THC-dominant cannabis species also known as marijuana, hemp has very little THC (tetrahydrocannabinol). THC is the psychoactive compound that makes people feel “high”. Hemp and its products are legal in the U.S. for industrial use and CBD production, even where recreational cannabis is not, as long as the THC content is below legal limits (typically 0.3% or lower). For comparison, THC content in THC-dominant cannabis is often more than 20%.
Hemp-Derived THC
Hemp-derived THC comes from cannabis with less than .03% THC. Although this type of cannabis has very low THC levels naturally, some forms of THC can be extracted from it and made into products that can get you high. Even though these types of THC are hemp-derived and sometimes considered legal, their effects can still be strong.
Here are some key types of hemp-derived THC:
- Delta-9 THC: This is the main type of THC found in cannabis, which gives people that “high” feeling. Hemp has very low levels of delta-9 THC.
- Delta-8 THC: This is a “weaker” form of THC that’s often collected from hemp plants using chemicals. It’s become popular because it gives a milder high than delta-9 THC and is legal in more places, but it’s still psychoactive.
Is Hemp-Derived THC Legal?
Hemp-derived THC products are in a complex legal space, with varying and sometimes confusing rules based on federal and state laws. It is their psychoactive effects and methods of production that impact their legality. Let’s break it down:
- Delta-9 THC: If a product has more than 0.3% THC it is illegal federally, but allowed in some states, like California. If a hemp product has less than 0.3% THC, it is legal federally.
- Delta-8 THC: Is psychoactive and it is technically legal federally, when it comes from hemp. This means that delta-8 THC products are in a gray area legally.
Safety Concerns
Because hemp-derived THC products are not regulated like THC-dominant cannabis, there are some safety concerns. They might be contaminated with pesticides or heavy metals, have inconsistent amounts of THC, or contain harmful chemicals.
Some hemp-derived THC products are labeled as hemp because they contain very little delta-9 THC. This can confuse consumers because hemp is thought of as non-psychoactive. However, in unregulated products, there could be high amounts of delta-8 THC, which can have psychoactive effects. This could cause someone to ingest more THC than they meant to. People have reported side effects like anxiety, confusion, and hallucinations, especially when taking more than expected due to unclear labels or dosing.
While packages similar to this can be found in stores, it’s important to remember that hemp-derived THC products are not federally regulated. These products are often marketed with labels like “100% Hemp Derived” but this can be misleading about the product’s actual contents and safety.
In 2022, the Food and Drug Administration (FDA) warned about the risks of delta-8 THC, saying it hasn’t been tested or approved as safe to use. They also shared that poison control centers got over 2,300 reports of people getting sick from delta-8 between January 2021 and February 2022.
While hemp-derived products like delta-8 THC are becoming popular and often marketed as “natural” and “safe”, it’s important to be cautious. The laws and effects are still unclear and more research is needed to understand how they truly affect the body.