Delta 8 THC sales continue to be controversial on the state and federal levels. Delta 8 THC gained a reputation as a milder alternative to marijuana, increasing its popularity in areas where recreational cannabis is not legal. Delta 8 THC is not explicitly legal, but a gray area in federal law created the portals for its sale. Of course, legal status could end up clarified or changed based on legislation or FDA regulation. Why would the FDA intend to regulate delta 8 THC? That’s what the FDA does, and it is a regulatory agency.
What is Delta 8 THC?
A quick look at Delta 8 Vapables on sale won’t reveal how they differ from Delta 9 THC products. Most people don’t know the difference between the various THC compounds. Delta 9 THC is the chemical compound in marijuana that causes the “high” feeling, and it is an illegal drug per federal law. Delta 8 THC has a different chemical structure and exists in trace amounts in hemp. Delta 8 THC gained a reputation for delivering a “milder” high effect, but individual experiences may not be the same.
The 2018 Farm Bill legalized hemp-extracted products that contained less than 0.03% Delta 9 THC, among other rules. So, manufacturers extracted Delta 8 hemp to create Delta 8 edibles, tinctures, vapes, and other products for sale. So far, federal law has not banned Delta 8 THC. However, Delta 8 THC products are illegal in several states. Buyers may find it necessary to check local laws before purchasing Delta 8 disposables and other items.
The DEA Issues a Surprising Statement
Under the Controlled Substances Act, both the Food and Drug Administration and the Drug Enforcement Agency can “schedule” a drug. In a surprising announcement, the DEA stated that Delta 8 THC products produced from “hemp materials” are “not subject to the Controlled Substances Act.” Any Delta 8 THC products “synthetically” made from “non-cannabis materials” would be illegal under the Controlled Substances Act. While that might be the FDA’s position as of November 2021, things may change. Also, the FDA could issue a different assessment.
The FDA and Delta 8 THC
The FDA serves an entirely different purpose than the DEA. The FDA focuses on “public health” and safety concerning food, drugs, cosmetics, and other products. Delta 8 disposables, for example, could come under FDA scrutiny. So far, the FDA has shown a less-than-positive attitude towards Delta 8 THC products but has not taken any action or issued any regulations.
However, both the FDA and the Center for Disease Control issued warnings about using Delta 8 Vapables and other products since delta 8 “products have not been evaluated or approved by the FDA.”
The FDA Issues a Consumer Update
In September 2021, the FDA issued a consumer update pointing out five things that the public should know about Delta 8 THC products. The update noted, in part, the Delta 8 THC has intoxicating effects and is positively not suitable for children. However, the FDA has not taken steps to ban Delta 8 THC so far, and that does not mean the FDA isn’t attempting to reach out to consumers.
The FDA examines many facets of a product’s safety, including how its packaging and even its marketing. A company that markets delta 8 – or any – products as a 100% cure for any physical or mental condition could be making a false claim that may raise eyebrows at the FDA.
The FDA may worry about how a particular manufacturer produces Delta 8 products. Is a reckless manufacturer making Delta 8 THC items in an unsanitary environment?
The FDA’s Goal
Why would the FDA intend to regulate Delta 8 THC? Again, the FDA’s mission focuses on product safety. All manner of different drugs, supplements, food selections, and other items fall under FDA scrutiny, so the FDA is not singling Delta 8 THC.
Consumers may benefit from reading the FDA’s consumer updates about Delta 8 THC products. Once again, individual results and effects may vary among those who use Delta 8 THC. Whether you’re looking at how you could avoid bad foods if Delta 8 THC stimulates the appetite or our Delta 8 THC Carts, you can find your next Delta 8 Hemp product today.