What is Delta 8 THC?
Delta 8 THC is a type of tetrahydrocannabinol, most commonly derived from the byproducts of a combination of CBD extraction from hemp and isomerization. The "delta" refers to a double bond in the molecular structure of the compound. For all intents and purposes, the molecular formula is C21H30O2 and its molecular mass is 314.48. Though it has a similar molecular structure to Delta 9, and works on the human body in all the same ways, it is important to note that Delta 8 is not the same as Delta 9. The challenge with listing the differences between D8 and D9 is that, in doing so, one will inevitably wander into a discussion of what THC actually does in the conditions of the human body. The key here is the sort of experience you have when consuming Delta 9 as compared to the kind of experience you have when consuming Delta 8. Though the two substances are similar, there is enough difference in experience for it to be an important distinction .
Proponents of the substance say the main distinction is in the intensity of the experience. They cite anecdotal evidence for their claims. One user of Delta 8 said in an online review that the "couch lock was great," but emphasized that it was not so strong that they could not get up and walk around. Those who use or consume Delta 8 also make another point about the molecule. They say that it relaxes rather than stimulates. It is not surprising, then, that Delta 8 is not for everyone and that the degree to which any particular user enjoys the substance speaks for the individual rather than the substance itself.
The bottom line is that, for those who consume a lot of cannabis or marijuana, or even for those who only do so occasionally, Delta 8 offers what can feel like a somewhat stronger experience. But it is not really stronger. It is just different.
Legal Status of Delta 8 in Kansas
At the federal level, the Farm Bill of 2018 was signed into law in December 2018 by President Trump, which legalizes the production and sale of hemp and hemp-derived substances, including Delta 8 THC, in all states, with few exceptions. However, hemp-derived substances that synthesize into more than 0.3% Delta 9 THC remain illegal. Whether Delta 8 THC is natural, or synthesized from legal Delta 8 precursors may factor into whether it is legal in Kansas, as well as other states.
The Kansas legislature amended the state’s controlled substances act in 2021 to include definitions for "Delat-8 tetrahydrocannabinol" and "Delta-9 tetrahydrocannabinol." Delta 9 THC remains a controlled substance. Delta 8 THC remains prohibited in the state of Kansas. Lawmakers became concerned about THC, even though it is derived from hemp after the Farm Bill’s passage. The state signed House Bill 2516 to be added to K.S.A. 21-5701, creating the two definitions and prohibited the possession, distribution or sale of THC – all forms of tetrahydrocannabinol. Two days after the bill was signed, it became effective K.S.A. 21-5701(k) and (b). Kansas law defines "Delta-9" as "any chemical compound" that contains the same molecular arrangement and the 9THC molecular formula. Kansas law defines "Delta-8 THC" as "any chemical compound" that contains the same molecular arrangement and molecular formula as THC with the exception of the placement of the double bond, one carbon carbon "chain" below the 9THC placement under K.S.A. 21-5701. All varieties of THC-based substances are prohibited in the state, a change from the time before the new law was enacted.
Comparison of Kansas to Other States
Currently, Kansas is not alone in its regulatory approach to Delta 8 THC. About a third of states have taken steps to explicitly regulate or ban hemp-derived cannabinoids, while a few others are paving the way for legalized cannabis use.
Texas has moved towards legalization. Last June, an Austin district judge ruled that hemp-derived Delta 8 flour, which Texas law mandates is a Schedule I banned substance, is in fact legal in the state, because it does not contain Delta 9 THC. The Houston Police Department amended its policy in March to allow officers to arrest only people in possession of marijuana over 0.3% Delta 9 THC.
In May, the Colorado division of the U.S. Food and Drug Administration released a warning about Delta 8 THC, designating it as an illegal drug that poses "serious health risks" for consumers. The agency updated its alert earlier this month in support of legislation prohibiting Delta 8 THC in the state.
Massachusetts and Oregon both prohibit Delta 8 from use and sale, while New York and Minnesota have made moves towards legalization in the context of state-authorized commercial cannabis markets, which would implicitly include Delta 8.
The Consumer Product Safety Commission and the Centers for Disease Control and Prevention are monitoring Delta 8 for potential risks. A risk warning from the latter semi-autonomously affiliated federal agency tells of a number of Delta 8-related adverse reactions, including hallucinations, vomiting, tremors, loss of consciousness, dizziness, and confusion.
How Delta 8 Laws Impact Consumers and Businesses
The legal status of Delta 8 in Kansas has far-reaching implications for both consumers and businesses. For consumers, the ability to freely purchase and consume Delta 8 products grants access to the purported benefits of cannabis in a more accessible form than Delta 9 and at lower costs. Furthermore, as it is still legal for those under 21, it opens the elimination of a new class of consumers . Meanwhile, the legality of Delta 8 products also offers new opportunities for the cannabis industry to diversify its offerings and create new products without the same legal obstacles as Delta 9 does. Though the lack of regulation leaves room for questions of quality and safety, the fact that Delta 8 creates an opening for legislators to better regulate cannabis in a beneficial way to both consumers and businesses.
The Future of Delta 8 Laws in Kansas
The future of Delta 8 legislation in Kansas is difficult to predict, given the current political climate and the rapidly shifting landscape of cannabis-related laws in the United States. At the moment, Delta 8 THC remains a legal grey area as lawmakers consider how to regulate this new and potent cannabinoid.
Legislative initiatives will continue to be a major factor in the future of Delta 8 THC in Kansas. As lawmakers and regulators seek to introduce more clarity on the status of Delta 8 THC, bills could be introduced in the legislature to either explicitly legalize or ban the cannabinoid. Any such law will have to consider the legality of Delta 8 products produced using CBD derived from both hemp and marijuana. At the same time, any such bill will also have to consider the growth of the Delta 8 industry, which has created countless jobs and substantial economic activity in the state.
Public opinion on Delta 8 and cannabis policy as a whole is shifting toward a more lenient approach, and this trend is likely to continue in the years ahead. As more people are exposed to Delta 8 products and their potential benefits, we may see increased pressure from the public to legalize the cannabinoid permanently.
Experts remain divided about what the future holds for Delta 8 THC in Kansas. Some legal experts believe that Delta 8 will eventually fall under the same umbrella as cannabis, which is currently illegal under state law, and thus be banned. Others believe that Delta 8 will become legal for recreational and medicinal use in Kansas, taking its place beside CBD products as a legitimate component of the cannabis market.
Regardless of the outcome, policymakers, regulators, and consumers will need to work together to craft a system for managing Delta 8 products in Kansas that addresses the many issues this cannabinoid presents. Whether it’s regulating Delta 8 producers and retail outlets, ensuring adequate consumer protections, or educating the public about the benefits and risks of using Delta 8 products, stakeholders throughout the state will have an opportunity to shape the future of this potent compound.
The future of Delta 8 THC in Kansas is still uncertain, but the rapid growth of this new cannabinoid will inevitably have some impact on the state’s cannabis industry and broader economy. Whatever the outcome, all parties involved will need to respect public health, safety, and welfare while encouraging the growth of one of the Midwest’s most significant agricultural states. It will be interesting to see how this issue develops in the months and years to come.
Advice for Consumers When Buying Delta 8
- Ensure that the product you purchase is legal in Kansas. Although the Kansas Attorney General has issued a "consumer alert" regarding the legality of Delta 8, that alert was limited to products with 0.3% or less Delta 9 THC content. Similarly, although the ruling in Kan. v. Schmidt does state that 1% and above Delta 9 THC cultivars are controlled substances under Kansas law, the alert did not affirmatively state that 1% + cultivars are legal under Kansas law. To be certain, it is best to understand which product you are purchasing and do your own research. Additionally, it may very well be that marijuana/cannabis containing 1%+ of Delta 9 THC may technically be legal under Kansas law, but still violates federal law.
- Make sure that you are receiving a quality product, and verify the product contents. It is strongly recommended that consumers check that the product undergoes lab testing by a third party to ensure quality and safety. While this is not a requirement under state or federal law , consumers deserve the right to know what they are consuming; especially given the broad, unfettered discretion of the Kansas Secretary of Agricultural to list Delta 8 as a controlled substance.
- Where should you purchase your Delta 8 products? Given recent changes in federal law, online sales are currently legal and many retailers sell eighths or smaller amounts of flower and pre-rolls, as well as other Delta 8 THC products, online. However, with the rise in popularity of Delta 8 THC products, some in-person shops are popping up. As always, make sure to do your research and use due diligence when selecting a retailer. The Kansas Secretary of Agricultural and Livestock cannot vouch for the quality or safety of any Delta 8 product; but if he could steer consumers to retailers ensuring that their products did not contain impairing levels of Delta 9 THC, the Secretary would be supportive.