Mason jars of delta-8 flower

Are All Delta-8 Products Legal?

Delta-8 is a form of THC that has a psychoactive compound that's very similar to delta-9 THC, which is the compound in the cannabis plant that creates a "high." Even though delta-8 and delta-9 are identical, they have slightly different chemical structures that make delta-8 significantly less potent. They do, however, have some of the same effects on the body, some of which include:

  • Rapid heart rate
  • Dry mouth
  • Red eyes
  • Slow reaction times
  • Troubles with coordination
  • Memory loss
  • Anxiety

Is Delta-8 Safe?

According to the U.S. Food and Drug Administration, national poison control centers received 2,362 exposure cases of delta-8 THC products between January 1, 2021, and February 28, 2022. Delta-8 products such as gummies, tinctures, and vape pens are available online, in shops, gas stations, and convenience stores. Sales for these products have seen a significant increase in the past year. Like anything, the lack of regulation in a specific market is concerning because, with little oversight, companies can produce low-quality or harmful products. Unfortunately, this is seen in delta-8 and its products due to the "drug" being relatively easy to recreate. Recreated products are made up of a mix of CBD and pool chemicals, household vinegar, or battery acid.

Delta-8 Laws

In the state of Colorado, lawmakers have recently determined that delta-8 is considered to be synthetically derived and categorized as a controlled substance. Therefore, if it comes from hemp-derived CBD and not straight from the help plant, it is federally illegal in the state of Colorado. This means that any purchasing, usage, sale, distribution, production, or possession of this drug and related products is prohibited. Colorado isn't the only state who bands delta-8 and its products, there are now 18 others that follow the same laws. Presumably, state officials are making these decisions on health grounds. There are concerns that customers who consume delta-8 products might be exposed to harmful contaminants.

Contact a Lawyer

If you or someone you know has recently purchased delta-8 and now faces criminal charges contact a lawyer right away to discuss the details of your case. Here at Law Office of Kevin Cahill, we have decades of experience on our side to help fight cases just like yours.

Contact our office at (720) 548-2990 or visit us online to schedule your free consultation with one of our award winning attorneys.