However, in a letter to the Alabama Board of Pharmacy in September 2021, the DEA clarified that cannabinoids in hemp are excluded from the guidelines, and are not considered illegal. In other words, it seemed that delta-8 THC would be considered illegal under this guideline. Schedule I substances include illegal drugs (like heroin and ecstasy) that have high abuse potential and don’t have accepted medical use in the U.S. It stated that all synthetically derived tetrahydrocannabinols - are Schedule I controlled substances. In 2020, the Drug Enforcement Administration (DEA) released a document called the Interim Final Rule. But this question of legality has come up again and again over the years, with various government agencies and courts trying to come to a conclusion. Since most, if not all, delta-8 products are made from hemp CBD, they’re technically legal. Hemp is a variety of cannabis that contains less than 0.3% THC. Due to the Agriculture Improvement Act of 2018 (also referred to as the 2018 Farm Bill), hemp can be grown and used in products across the U.S. How long does delta-8 stay in your system? If you’re concerned about failing a drug test, it’s best to avoid delta-8 products. This is to help prevent the use of delta-8 THC by people looking for ways to work around court-mandated drug testing. Plus, your body breaks them down into the same compounds, which drug tests also try to identify.Īs mentioned, due to the widespread availability of delta-8 THC products sold OTC, new drug tests are being developed to screen for it. That’s because the chemical structure of delta-9 THC and delta-8 THC are almost identical. But even though they’re designed to look for delta-9 THC, it’s likely that having delta-8 THC in your system will also cause you to test positive. Other drug tests are more specific for THC. These types of drug tests would definitely detect delta-8 THC, because it’s a cannabinoid. Some screen for the presence of cannabinoids of any kind. There are several different types of drug tests. Probably, and new tests are already being developed to test for it directly. You may see delta-8 THC referred to as, “diet weed,” delta-8 CBD, or “ weed light.” This is because it works in a similar way as delta-9 THC, but doesn’t seem to be quite as potent when it comes to the “high” you feel when you take it. In fact, a 2021 study of delta-8 vape pens showed that of the 27 products studied, none were labeled accurately and 11 had unlabeled contaminants. And other contaminants, like pesticides, heavy metals, and mold, could also be present. So it’s important to know that chemicals used to turn CBD into delta-8 THC may remain in the final product. These chemicals change the structure of CBD into delta-8 THC.īut this process is currently unregulated in the U.S., meaning no agency is testing to see if these products are safe. It’s produced by applying chemicals to hemp CBD. Most delta-8 THC used in products is actually man-made. But unlike cannabidiol (CBD) and delta-9 THC, the more well-known cannabinoids, cannabis plants only produce delta-8 THC in very small amounts. Delta-8 tetrahydrocannabinol, or delta-8 THC, is a chemical made by the cannabis plant.
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