Delta-8 THC and delta-9 THC are both types of tetrahydrocannabinol (THC), the main compounds found in the cannabis plant. They have similar chemical structures but are regulated differently and have different safety profiles. This discussion focuses on these two aspects to better understand their potential effects and risks on our patients.

Chemical Structure and Psychoactive Effects

Delta-9 THC is the more commonly known form of THC, found abundantly in marijuana. It is the primary compound responsible for both the psychoactive effects and medicinal benefits associated with cannabis.  Delta-9 THC has been the subject of intense research over the past 70+ years.

Delta-8 THC is also produced by the cannabis plant, but in much smaller quantities, and has not been studied commonly by itself.  Based on binding affinity at the CB1 receptor, delta-8 THC is less potent due to the different location of the double-bond. This is felt to produce a milder psychoactive effect compared to delta-9 THC, which is why some people prefer delta-8 THC, though no dose-equivalent studies have been done.

Legal Status and Regulation

The regulation of delta-8 THC and delta-9 THC varies significantly. Delta-9 THC is classified as a Schedule I substance under the United States Controlled Substances Act (CSA). This classification means it is considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision.

Despite this federal classification, many states have legalized delta-9 THC for medical and/or recreational use. Each state has its own set of regulations regarding the cultivation, sale, and consumption of delta-9 THC, creating a complex legal landscape.  Delta-9 THC is presently in-process of being re-scheduled under the CSA, though this will have limited effect on state-legal cannabis programs.  Importantly, each state has its own regulations for quality control and safety testing for cannabis products; however, most states do a fine job with these regulations.

Delta-8 THC, on the other hand, exists in a legal gray area. The 2018 Farm Bill legalized hemp and its derivatives, provided they contain less than 0.3% delta-9 THC. The DEA has recently contradicted this statement saying that any THC is forbidden, but this has not been challenged in court yet.

Notwithstanding the DEA’s pronouncement to the contrary, Delta-8 THC can be derived from hemp, which technically makes it legal under federal law.  At present, there is no regulation of, or safety testing for, hemp-derived cannabinoids including Delta-8 THC.  Since Delta-8 THC is manufactured by chemically converting CBD, there are many isomers, enantiomers, and by-products of the reactions involved, none of which have been studied for either safety or efficacy.  Purifying these chemicals is non-trivial and studies have shown significant contamination. 

Several states have enacted laws banning delta-8 THC; however, the federal circuit court has overturned several such attempts.  Other states are working to force hemp-derived cannabinoids into the state-regulated market along with other marijuana products.  This may also not stand up in court, but would likely solve some of the safety issues.

The inconsistency in state laws creates confusion for consumers and businesses alike, complicating the legal status of delta-8 THC.

Safety and Health Considerations

Understanding the safety profiles of delta-8 THC and delta-9 THC is crucial, especially as their use becomes more widespread. Delta-9 THC has been extensively studied and is known to cause various side effects, particularly when consumed in high doses. These side effects can include dry mouth, red eyes, increased heart rate, impaired coordination, and in some cases, severe anxiety or paranoia. Long-term use of delta-9 THC can also lead to dependency and use-disorder.

Delta-8 THC is believed to have a similar side effect profile, but these effects may be milder due to its lower potency. Users often report fewer incidences of anxiety and paranoia with delta-8 THC compared to delta-9 THC. However, because delta-8 THC has not been studied as extensively as delta-9 THC, there is less information available about its long-term safety and potential health risks. This lack of comprehensive research makes it difficult to fully understand the safety implications of regular delta-8 THC use.

Product Quality and Consumer Safety

One significant concern with both delta-8 THC and delta-9 THC products is quality control. Without strict regulations, products can vary widely in terms of purity and potency. Contaminants such as pesticides, heavy metals, and residual solvents from the extraction process can pose significant health risks. This issue is particularly concerning for delta-8 THC products, as the methods used to synthesize delta-8 THC from CBD can introduce harmful byproducts if not properly managed.

It is also important to note that varieties of THC are not the only unregulated and untested cannabinoids that can be extracted or manufactured from hemp.  Delta-10, HHC, THCOA, and others have been introduced to the market for their intoxicating nature.  Non-intoxicating cannabinoids are also on the market for their supposed health benefit, for examples, CBD, CBDA, CBG, CBC, etc.  In addition to the purity issues already discussed, it is most important to note that none of these cannabinoids, intoxicating or not, have been studied for safety and efficacy in human beings.

Impact of Regulation on Safety

Regulation plays a crucial role in ensuring the safety of delta-8 THC and delta-9 THC products. In states where delta-9 THC is legal and regulated, there are often stringent requirements for testing and labeling, which helps protect consumers from unsafe products. These regulations typically include limits on the amount of THC in products, child-resistant packaging, and detailed labeling requirements that inform consumers about the potency and potential effects of the product.

For delta-8 THC, the lack of consistent regulation means that consumers must be particularly vigilant. Some states have begun to regulate delta-8 THC similarly to delta-9 THC, imposing testing and labeling requirements to ensure safety. However, in states where delta-8 THC remains unregulated, the responsibility falls on consumers to research and choose products from reputable sources.

Conclusion

The safety and regulation of delta-8 THC and delta-9 THC are critical issues as these products become more popular. Delta-9 THC is more heavily regulated, especially in states where it is legal for medical or recreational use, which helps ensure product safety through testing and labeling requirements. Delta-8 THC, while perhaps legal under federal law, is not regulated either federally or by states, leading to potential safety concerns due to inconsistent product quality and lack of comprehensive research on its effects.

Consumers should not be forced to investigate the safety of these products themselves, and are not truly equipped to do so.  Clear and consistent regulation by the federal government should be applied.  At present, data on delta-8 THC is sparse and delta-8 use should be avoided along with all other hemp-derived cannabinoids.