Buzz
As of now, 18 states have approved recreational cannabis, making it available for about 140 million Americans over the age of 21 to use for fun. But even if you’re not in one of those states, don’t let fear of missing out on the cannabis experience dominate your life. There's an entirely legal way to consume THC—and get high—almost anywhere in the United States. Of course, there are some exceptions (which have been highlighted by the Food and Drug Administration and the Centers for Disease Control in a warning issued earlier this week). I first discovered that a nearly universal legal THC high was possible the same way I find most things these days: through a podcast—specifically, an ad on one of the many film podcasts I listen to when I need to clear my mind. The ad featured a company selling a product called delta-8 THC, a modified version of THC, the chemical responsible for creating the high associated with cannabis. Delta-8 is a “naturally occurring cannabinoid,” according to CannabisTech, but the majority of delta-8 sold is chemically derived from hemp (which is federally legal, as long as the THC content remains below a certain threshold) through the use of solvents and other scientific techniques.
How is delta-8 THC legally allowed?
Like CBD, which is largely non-psychoactive, delta-8 THC is federally legal (or more accurately, not considered illegal) because of a loophole in the 2018 Farm Bill that permits the broad cultivation of hemp and its derivatives. According to The Brookings Institution, a non-profit policy group, the bill “places no restrictions on the sale, transport, or possession of hemp-derived products, as long as they are produced in accordance with the law.” The bill wasn't created to legalize marijuana, which is why it limits the THC content in hemp-derived products like oils and tinctures: only 0.3%, a small amount too insignificant to cause significant psychoactive effects (although individual experiences may vary depending on whether your CBD oil is “full-spectrum,” your personal tolerance, or your susceptibility to the placebo effect). But here’s where it gets interesting: the Farm Bill specifies that hemp products cannot contain more than 0.3% of “delta-9 tetrahydrocannabinol concentration.” Since delta-8 is a separate cannabinoid—and one of more than “120 other naturally occurring cannabinoids known to exist in the hemp plant,” according to a policy article by the law firm Harris Bricken—this makes delta-8 THC completely legal.
Technically, yes—at least for now. In a 2020 decision, the Drug Enforcement Agency ruled that “synthetically derived tetrahydrocannabinols” are still classified as Schedule I controlled substances. However, there hasn’t been any clarification yet on whether delta-8 THC derived from hemp falls into that category. This means the sale of products containing delta-8 is currently overseen by the Food and Drug Administration, much like CBD. But this could change at any time, and in fact, commercial cannabis sellers are actively pushing to make that happen, fearing competition from a cheaper product for consumers’ money.
[Editor’s note: After publication, a reader pointed out that delta-8 THC is actually prohibited in Idaho and several other states; in total, 11 states have passed laws addressing the legal gap in the 2018 Farm Bill or otherwise limiting the use and ownership of hemp—including some states with legal cannabis, like Montana, Alaska, and Arizona. Despite this, delta-8 THC remains legal for roughly 300 million Americans.]
How is delta-8 THC produced?
The Farm Bill requires that hemp-derived products must actually be derived from hemp; you could technically extract delta-8 THC from cannabis plants that also contain large amounts of “regular” THC, but that would be illegal. The process begins with the entire hemp flower, which is chemically distilled to separate the delta-8 THC cannabinoid. The distillate obtained can then be concentrated and turned into various products, including edibles and oils, which resemble those found in legal cannabis markets. Some delta-8 THC is also created by chemically converting CBD or delta-9 THC through the use of heat, catalysts, altered pH levels, and/or solvents.
Does delta-8 THC actually get you high?
Delta-8 THC is legal, at least for now. [Editor’s note: Unless you live in one of the few states where it isn’t, sigh]. Unlike cannabis products, which are restricted even in legal weed states, delta-8 THC can be shipped through the mail by companies like the one I heard about in a podcast ad. While researching this, I quickly discovered that many businesses are eager to promote products with bold claims of their benefits without having to back them up with solid proof. This particular delta-8 THC seller touted its product as “a more functional substitute for delta-9 THC,” claiming it offers all the perks of regular cannabis without the negative side effects like addiction, sleep issues, paranoia, anxiety, and laziness. It’s important to note that these claims lack verified research. Like CBD, delta-8 THC products are not federally regulated, so you have to trust the manufacturers when it comes to the ingredients, production methods, and effects.
Initially, I was skeptical and thought I’d only believe it once I experienced it firsthand. To get a second opinion, I turned to Reddit, which is the go-to resource for everything related to getting high. Subreddits dedicated to legal weed are full of discussions about local strains, retailers, and tips for newcomers. And Reddit had plenty to say about delta-8 THC, mostly in line with what I wanted to hear. In short: Yes, it will get you high. What that high feels like will vary from person to person—just as with any psychoactive substance, from weed to beer. But the general consensus from both the company selling it and Reddit users is that delta-8 THC definitely delivers strong effects, albeit different from those of delta-9 THC. It’s often described as more of a “body high,” lighter and more calming, giving you a nice buzz while still allowing you to stay clear-headed enough to go about your day. However, if you’re subject to drug testing, proceed with caution—delta-8 THC may still cause a positive result on a drug test.
Proceed with caution
Everything sounded promising, so I figured it was worth placing an order—especially since delta-8 THC products are significantly cheaper than legal cannabis in other states. I went with a 16-pack of gummies for about $30, but you can also purchase vapes, tinctures, and concentrates (for those who prefer making their own edibles). They arrived quickly, and I have to admit it felt a bit strange to open a package containing what seemed like an illicit product delivered through regular mail, though I’ve had similar feelings when ordering CBD oil with weed-related packaging in the past. What really mattered to me, though, was whether the gummies would work as advertised.
I ate two gummies, since I'm no newbie to legal cannabis, and based on what I read on Reddit, it seemed that delta-8 THC is about half as potent. Within 45 minutes, I could tell I’d gotten my money’s worth. As expected, I felt the familiar effects of cannabis—lightness in my body, enhanced focus, increased appetite, and more laughter at Spongebob Squarepants—but with less intensity and none of the confusion or brain fog that often comes with a strong dose of THC. However, after I published this article a few months ago, I had the chance to finish that first pack of gummies and even try a second. I found that my experience varied drastically each time, indicating that not all gummies are created equally, even within the same batch. From my personal experience, delta-8 THC levels can fluctuate so much that you can never really predict how each dose will affect you. Sometimes, I’d eat two or three gummies and feel mild, pleasant effects. Other times, as I experienced one Friday night, I'd eat half a gummy and suddenly feel way too high—uncomfortably so. I had planned to relax and fall asleep, but instead, I ended up lying in bed, my heart racing, thoughts spiraling. I had to concentrate to keep the room from spinning, and I still felt uncomfortably high the next day. It was far from ideal—and, as someone familiar with THC and edibles, this wasn’t just a “Maureen Dowd discovers weed chocolate” moment. While edibles are generally understood to be more unpredictable, I could try other delta-8 products. However, the vaping-related lung diseases a few years back (which, as health reporter Beth Skwarecki pointed out, seemed linked to unsafe additives in illicitly produced weed vapes) made me cautious about inhaling anything that hasn’t been rigorously tested. Yes, many sellers, including the one I bought from, highlight their testing procedures online, and I have no reason to doubt them. But based on my gummy experience, I decided I'd rather wait for legal cannabis sales to start in my state (come on, New York).
This article was updated after its initial publication on March 31, 2021, to include additional information about delta-8 THC’s potential to trigger a positive drug test. It was revised again on April 1 to elaborate on how delta-8 THC is made and to clarify that delta-8 THC is illegal in Idaho and other states. We also added the word “Almost” to the headline and first paragraph.The article was updated once more on September 17, 2021, to mention the FDA/CDC warning letter, provide further details on how delta-8 is made and whether it’s safe to consume, and to share more of my personal experiences with the products in the section “Proceed with caution.”
