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Ban On Delta-8 THC

Ban On Delta-8 THC? What’s Happening?

You may recall a previous article on this site related to Delta-8 THC where it was stated that this was legal in all states in the U.S.  That appears to no longer be the case.  Colorado has banned hemp-derived THC isomers such as delta-8 in foods, drinks, cosmetics, and dietary supplements  Additionally, we understand Vermont has already removed it from sale. This could be the beginning of a domino effect with Delta-8 disappearing country-wide.

So why is this happening?

There is a lot of evidence of the medical benefits of Delta-8 THC. Reduced nausea for patients receiving chemotherapy is one, appetite stimulation without necessarily promoting hunger is another, and as this is TCH it can give a euphoric high without the unwanted side effects such as paranoia and fear. This has a wide range of mental health benefits which is synonymous with some of the activity of CBD.


The first problem is that Delta-8 THC is naturally found in small quantities. It can be found only in very limited amounts in some plants. The process of extracting this compound is also complex. That is to say that chemical processes are necessary to create the d8 isolates.

Different companies are currently producing Delta-8 THC and each company has its own unique technique for preparing d8 isolates. These techniques have no regulations and in many cases, third-party tests are not done. Because of this, some companies could well be introducing unhealthy compounds like heavy metals when creating these isolates.

In banning Delta-8 THC the Colorado Health department stated “Insufficient evidence exists to determine whether or not any toxic or otherwise harmful substances are produced during these reactions and may remain in the regulated industrial hemp products ingested or applied or used by consumers”

And if that was not enough the second argument is:-


Promotors and suppliers of Delta-8 THC, as well as Delta- 9 and Delta-10, say that as the 2018 Farm Bill legalized hemp extracts, the products are legal. However, the U.S. Drug Enforcement Administration disagrees saying that because delta-8 THC is manufactured from hemp-derived CBD, not extracted directly from the hemp plant, it becomes a controlled substance. 

The WHO also indicates that the synthesis of one cannabinoid to another is illegal but what is unclear is whether the production of these isolates is by synthesis or by conversion which would apparently be legal.

As you would need to be a chemist to understand the processes and differences we are not going into this but it does seem that determination will be via a legal court process. And as any legal process will take some time and probably be subject to appeals a result is unlikely to appear for quite some time.

In Conclusion

If you are in a state which currently still allows the sale of delta-8 THC products our advice is to check carefully the brand and the product. Try to ensure that appropriate isolation has been done through purification to remove any residual solvents, impurities, and other undesirable compounds.

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