What exactly is Delta-8?
Delta-8 THC is an isomer of Delta-9 THC, the compound responsible for marijuana’s intoxicating effects. That means the two are largely the same compound, with slight atomic differences. The vast majority of Delta-8 products aren’t extracted from cannabis. Instead, producers convert plant-derived CBD into Delta-8 THC using a chemical process called isomerization. The process combines CBD with a solvent, acid and heat to cause the reaction that turns CBD into THC.
“Cannabis is cleaner than the water you drink, it’s so heavily tested,” said Gray, referring to California’s regulated marijuana market. But Delta-8 is a “highly unregulated industry. There aren’t clear requirements.”
When Congress passed the 2018 farm bill legalizing hemp, it was eager to distinguish the crop from marijuana. Hemp and marijuana are the same species of plant, cannabis sativa L., but hemp can’t contain more than 0.3 percent THC. The distinction is legal, not scientific.
"It's not clear whether [Delta-8 THC products] are illegal under the 2018 farm bill," said Jonathan Miller, general counsel for the U.S. Hemp Roundtable. "It is clear that it violates the spirit of the law."