We have been shipping CBD that conforms with the 2018 Help Farm Bill that removed CBD from the Drug Enforcement Energy as a class one narcotic. We have been asked about Delta- 8 so published this blog to help our retail partners understand Delta-8 and the regulatory environment and risks.
Delta-9 vs. Delta-8
THC’s scientific name is delta 9-TetraHydroCannabinol and is the main compound in cannabis associated with the ‘high’. Delta-8 is a variant of THC but has a different backbone. Delta 8 and 9 refer where to a double bond is on the carbon chain along the backbone of the compound (8th or 9th position). Delta-8 form is approx. 50% "less potent" than Delta-9. For states that have yet to legalize the use of medicinal or recreational cannabis, CBD producers have figured out how to make Delta-8 from what is classified as hemp (>.3% THC) and raced into the regulatory void arguing that delta-8 is protected by the Farm Act. Of course you can double dose Delta-8 to get the same effect as a single dose of Delta-9.
How is Delta-9 & Delta-8 and CBD Regulated.
At the national level, Delta -9 is still listed by the DEA as a class one narcotic. The DEA, however, has largely left enforcement to the states.
In 2018 with the passage of the Hemp Farm Act, CBD was removed from the Drug Enforcement Administration (DEA)’s list of class one narcotics. All legal CBD products are allowed to have trace amounts of THC up to .3%, not enough to for users to experience the high associated with delta-9 thc.
Delta-8 is in a gray regulatory space. The Farm Bill does not speak to Delta-8 but Delta-8 can be derived and concentrated from either hemp or cannabis. Delta-8 has became popular in states where delta-9 THC is still illegal. There are 17 states where delta-8 derived from hemp is illegal and 7 states passing significant regulations around its use and distribution.
The DEA has also proposed to classify delta-8 as a schedule 1 controlled substance along with THC regardless of whether it is derived from hemp or cannabis. That ruling has yet to be adopted under the Biden administration.
How is Delta-8 Typically Made?
Hemp derived Delta-8 is easy to make from CBD Isolate. Using two acids you can convert CBD isolate to Delta-8 but the yield 2% Delta-8/52% Delta-9. The extra processing steps makes it more expensive.
Green Serene Full Spectrum CBD Oil
Green Serene Full Spectrum CBD oil uses a unique, low temperature process that makes a nano emulsion containing all of the micronutrients found inside hemp plant cells. This product has <.3% THC Delta-9. Delta-8 is not measured by third party labs but the company internally estimates that Green Serene contains approx .1% Delta-8. Given the lower potency and levels this quantity of Delta-8 is insufficient to induce a high and safe for use and distribution throughout the US.