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What is Delta-8 and is it legal in your state? Here’s what to know.

What is Delta-8 and is it legal? Getty Images | Royalty Free
What is Delta-8 and is it legal? Getty Images | Royalty Free Getty Images/iStockphoto

Delta-8 has become extremely popular here in the South. Signs around town advertise it, the news mentions it and just about everyone knows someone who has used it.

But what exactly is Delta-8? And is it legal? Well, if you’ve got these questions and more, you’ve come to the right place.

Here’s the rundown.

What is Delta-8?

According to the U.S. Food and Drug Administration (FDA), Delta-8 THC is “is a psychoactive substance found in the Cannabis sativa plant.” It is one of 100 substances that come naturally from the cannabis plant and is typically manufactured in cannabidiol (CBD) form. Delta-8 can be found in oils for vaping or even edibles like gummies or brownies.

Does it get you high?

The short answer: yes.

The long answer: Delta-8 THC does have psychoactive effects and will give consumers a feeling of euphoria. It is milder than Delta-9 THC, which is the most common and widely used form of THC (found in marijuana).

Is it legal?

Delta-8 has become popular across the U.S. because in many states, marijuana is illegal. Delta-8 is also illegal in many states as well.

It became legal in Georgia after Gov. Brian Kemp signed House Bill 213. In fact, Delta-8 is legal in every state below the Mason-Dixon. 

In Mississippi, there is a bit of a gray area, as the Farm Bill allows hemp, but hemp-derived products are exempt. However, some retailers won’t ship to the state.

Louisiana allows the sale and use of Delta-8, but bans inhalable products.

Check if your state deems Delta-8 legal or not by going to the World Population Review’s website.

Is it harmful?

Delta-8 has not been evaluated by the FDA, so it is unclear if the substance is harmful or not.

The FDA has had reports of adverse events that happened after using Delta-8, some of which included “hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness.”

There is a concern about how various companies make and sell the product.

“When you have unregulated products being sold at gas stations, head shops, grocery stores — outside of a [cannabis] dispensary setting — the products tend to become dangerous because there’s no oversight on how they’re made, what the ingredients are, and if they’re sterile,” said Shanna Babalonis, Ph.D., an assistant professor in the Department of Behavioral Science at the University of Kentucky.

Have more questions? Email them to cmadden@mcclatchy.com.

This story was originally published February 22, 2023 at 8:27 AM with the headline "What is Delta-8 and is it legal in your state? Here’s what to know.."

Chelsea Madden
The Telegraph
Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.
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