Marijuana and hemp are made up of hundreds of cannabinoids, including Delta-9 THC, the psychoactive component of marijuana that makes people feel “high” and CBD. Delta-8 THC is a cannabinoid found in the hemp plant and is structurally similar to Delta-9 THC. Because Delta-8 THC is virtually identical to Delta-9 THC, it carries similar risks including risks of addiction and psychosis. In the 2018 Farm Bill, Congress legalized hemp and any hemp-derived products, including Delta-8 THC. As a result, Delta-8 products have popped up in virtually every state and are available at convenience stores and gas stations.
FAQs on Delta-8 THC and Hemp Intoxicants
How is Delta-8 THC made?
Most Delta-8 products are not extracted from a marijuana plant. Instead, producers of Delta-8 covert plant-derived CBD into Delta-8 using a chemical process called isomerization. This process combines CBD with solvent, acid, and heat to cause a chemical reaction that changes CBD into Delta-8.
Why is Delta-8 THC available in my state when we don’t have legal marijuana?
Every five years, Congress passes a comprehensive agriculture policy package known as the Farm Bill. In the 2018 Farm Bill, Congress legalized hemp and any hemp-derived products, including Delta-8 THC. Hemp is required to have a Delta-9 THC content lower than 0.3%, but unlimited amounts of Delta-8 THC can be synthesized from the plant. However, Delta-8 THC can be converted into much stronger concentrations. While marijuana remains federally illegal, there is no federal regulatory framework for–or ban on–Delta-8 THC. 17 states–including pro-marijuana states like Colorado, Oregon, and Washington––have already banned Delta-8 THC. If your state has not already done so, encourage your legislators to follow Arkansas’s model legislation, featuring a clear definition of intoxicating products, banning their sale and possession, and enforcing regulatory compliance effectively.
Can Delta-8 THC be addictive?
Yes; while researchers are learning more about Delta-8 THC every day, Delta-8 and Delta-9 THC are similar enough to produce the same outcomes, including addiction.
Has Delta-8 THC caused problems in states?
Absolutely. Because of widespread availability and the perception that Delta-8 THC is not as harmful as marijuana, states have seen numerous public health consequences, including rising rates of youth use and rising poison control calls (see below).
Resources
Click here to download our one pager on Delta-8 THC
Click here to download our policy one pager on Delta-8 THC and the Farm Bill
Click here to read an op-ed written by SAM CEO Kevin Sabet published in Newsweek on Delta-8 THC
Click here to read an in-depth explainer of Delta-8 THC
Act Now!
Federal Action: Congress can close the Delta-8 loophole this year by clarifying the hemp legalization provisions to ban the manufacturing and sale of psychoactive hemp-derived compounds. Please urge your Representatives and Senators to support closing this loophole!
State Action: 17 states–including pro-marijuana states like Colorado, Oregon, and Washington––have already banned Delta-8 THC. If your state has not already done so, encourage your legislators to follow Arkansas’s model legislation, featuring a clear definition of intoxicating products, banning their sale and possession, and enforcing regulatory compliance effectively.
Delta-8 THC and Poison Control Calls
Information provided by the FDA indicates that poison control centers received 2,362 exposure cases of Delta-8 THC products between January 1, 2021, and February 28, 2022. Of these, 41% involved pediatric patients under the age of 18. Unintentional exposures accounted for 40% of cases, with pediatric patients comprising 82% of these incidents. Seventy percent of the exposure cases required evaluation at healthcare facilities, and 8% of those were critical enough to necessitate admission to intensive care units. Alarmingly, one pediatric case resulted in death.
The image above displays a significant increase in poison control calls due to Delta-8 THC exposure across several states within a year.
- The Blue Ridge Poison Center at UVA Health, one of three poison control centers in Virginia, saw calls to the poison center rise from 20 calls in 2020 to 112 calls in 2022, marking a 460% increase.
- In Florida, poison centers experienced a 49% increase in calls, from 168 in 2021 to 250 in 2022.
- Tennessee reported approximately 115 calls from 2021 to 2022, with 32 affecting children under 6, and in the following year, calls doubled to 248 in 2022 to 2023, with 110 involving young children.