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Why Delta 8 THC Should Concern You

Posted by Kerry Hinkle on

Why  Delta 8 THC Should Concern You

Caution sign with why delta 8 thc should concern you written on it.

Delta 8 THC has taken the Hemp industry by storm recently. Delta 8 has been marketed as the first legal version of THC in the United States since prohibition started almost 100 years ago.

Many users of Delta 8 are reporting a level of intoxication from using these products that hasn’t been felt before with legal products.

This intoxication has led to many consumers enjoying these products, but at what cost?

With no regulation in this new market, some industry insiders called CBD the “wild wild west” only a few short years ago.  Now, thanks to the U.S. Hemp Authority, we’ve begun regulating this product for consumer protection & confidence.

But, Delta-8 THC is an entirely new beast in this “wild wild west” industry.

Today we’re going to explain what Delta 8 THC is, if you can fail a drug test while taking this product, and dive deeper into everything else you need to know about Delta-8 THC. 

What Is Delta 8 THC?

Delta 8 THC is an isomer of CBD and other cannabinoids that are found in Hemp & Hemp extracts.  This isomer is chemically different from Delta-9-THC, the part of the Cannabis plant that is still federally illegal today.


This isomer is only slightly chemically different from Delta-9 THC, meaning upon consumption the user will feel a very similar effect to Delta-9.

Because it’s so closely related to Delta-9 THC, users can expect to feel a buzz or intoxication that isn’t present with any other legal Cannabinoids on the market today.  

Products like CBD, CBG, or CBN are all derivatives from the Hemp plant just like Delta-8 THC is.  However, these other Cannabinoids contain very little, or no Delta-9 THC, which means there is no psychoactive effect to these products.

Because users feel high when consuming Delta-8 THC, many are left wondering, “can this really be legal?”

Is Delta 8 THC Legal?

4 blue question marks.

The legality of Delta-8 THC is an almost textbook definition of a “gray area”.  Supporters of the Delta 8 claim the products were legalized under the Farm Bill of 2018.

The Farm Bill of 2018 explicitly legalized Hemp federally, as well as extracts derived from Hemp.  When the law was passed, the main extract from Hemp in the market was CBD.

But, CBD wasn’t the only thing legalized with the Farm Bill.  Because the language is written as “extracts of Hemp except Delta-9 THC”, this allowed for CBD companies to expand their product offerings to include CBG, CBN, & CBC.  

These new Hemp Extracts have allowed for much more customer specific product recommendations from Hemp companies.  For example, if someone has tried CBD to help them sleep but that hasn't worked, CBN could be the better option.

Likewise, CBG is thought to provide more energy than CBD, meaning that could be your perfect Hemp Extract to use in the morning rather than consuming Caffeine.

These new Cannabinoids have helped grow the Hemp industry as a whole, and broaden the types of products for consumers to try.

While all that sounds great, a major argument for those products being legal versus Delta-8 THC is that they are all still non-psychoactive.

By definition, Delta-8 THC contains THC, the part of the Marijuana plant that gives users a high, and therefore could be classified separately from CBD, CBG, or CBN.

The loophole has been established due to the wording of the Farm Bill that states “all Hemp Extracts except Delta-9 THC''.  So, many companies have isolated a component of THC that when consumed does very similar things to Marijuana, but looks slightly different under a microscope.

This microscopic difference has created a huge market for consumers looking for legal THC, but has created a major headache for state & federal regulators.

The Drug Enforcement Administration is currently looking into Delta-8 THC, with some reports they will make a final ruling on the Cannabinoid come September of 2021.

The DEA could outlaw this product federally whenever they do make a ruling.  But, for the time being, some state legislatures have already decided to take action.

By our count, there are currently 11 states that have outlawed Delta-8 THC.  Those states are as follows;
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

So federally, it seems the loophole of Delta-8 THC is still considered legal, for the time being.  But you'll want to check your state laws before you start getting this product shipped to your house. 

Unintended Negative Side Effects To Delta 8 THC

The first negative side effect with Delta-8 THC is that people are feeling high after consuming this product.  Which can be a bad thing for a lot of people.

On February 14th, ABC 7’s WETV out of Omaha published a report on Delta 8.  What happened is not surprising, but very concerning.

Someone walked into a CBD shop in Omaha and purchased some gummies, which they assumed were CBD.  Once they got home and took them, they immediately realized the product they were experiencing was not the one they were used to.

This consumer felt mind-altering effects, and even called the product “weed light”.

The backbone of the legalization of CBD on a federal level was that this product was non-psychoactive.  There is no buzz, high, or paranoia with CBD.

But you can feel those effects now because of this “loophole”.

And while some may enjoy that, there's a large subset of customers that enjoy CBD for it's health benefits without the high.  Lack of education could lead to the consumer buying the wrong product & possibly getting really bad side effects because of it. 

Will Delta-8 THC Make You Fail A Drug Test?

Chemistry viles with various colors.

Another unintended consequence of this product is the increased fear for individuals who have to take drug tests for work.  

Like the person profiled from Omaha, what if they got drug tested for their job the next day?

A THC-Free CBD product is EXTREMELY unlikely to cause someone to fail a drug test.  But, taking a THC product? Now that’s likely to cause some issues.  

It’s been reported that when someone takes Delta-8, it attaches to the same receptors in our bodies as Delta-9.  This would make sense given that both are forms of Tetrahydrocannabinol (THC).  

Given that Delta-8 is so closely related to Delta-9, our recommendation is that Yes, consuming Delta-8 will make you fail a drug test.

Our thought being if the product is getting you high through the same mechanisms that Marijuana does, then you're just as likely to fail a drug test regardless if it's Delta 8 or Delta 9.

Of course, there is no hard evidence one way or the other, much like most things in the Cannabis industry.  But we’d highly recommend not trying these products unless there is no fear of drug tests from your place of work.

So Should You Try Delta-8 THC?

Kid pondering questions with question marks around him.

Our company will not be offering Delta-8 THC anytime soon.  The U.S. Hemp Authority has not even considered legalizing this product right now, so we have no interest in getting in this game.

With that in mind, there are a ton of companies offering it at the moment, so there must be something to it.

This boom has reminded us a little of the initial boom in 2017 with CBD.  There was a flooded market with everyone trying to “get rich quick” with CBD.  This “green rush” led to many consumers losing confidence in the CBD market due to the lack of quality products on the market.

We’d say Delta-8 falls right in this category.  This unregulated market may have some good players in it, but it most certainly has bad ones too.

We personally wouldn’t try this product because it’s hard to know what you can trust without clear third party audits from regulatory bodies.  

This product has been called “weed light”, and that probably fits the product description well.  If you’re brave enough to try the product, it’ll most likely be similar to buying weed on the street. It can be hard to know if what you’re buying is legit, safe, or reliable.  

But, people have been buying weed on the street for years. 

So, proceed at your own risk & be extremely careful if drug testing is of any concern.


The content on this site is not intended to be a substitute for professional medical advice, diagnosis or treatment. While research has shown that CBD has the potential to help provide beneficial outcomes for several complaints, it is advisable to seek the advice of a physician or other qualified healthcare provider when you have questions regarding any medical condition and when starting, augmenting or discontinuing any existing health routine. 

FDA Disclaimer: Any statements made within this website have not been evaluated by the Food and Drug Administration. No products produced, manufactured, marketed, or distributed are intended to diagnose, treat, cure or prevent any disease. Consult your physician before beginning any supplements or botanical extracts. If pregnant or breast feeding, consult with your physician before use. For use by adults 18+. Keep out of reach of children.


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