Update: The FDA’s Latest Comments on Delta 8

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Although the delta-8 THC market has been on the rise and continues to proliferate, many consumers are understandably concerned by the legality and legitimacy of delta-8 THC products due to its novel popularity. In response, the FDA has released several statements commenting on delta-8 THC and its effects as well as cautionary factors consumers should watch out for.

Does delta-8 THC make you high?

A common question that consumers are concerned about is whether or not delta-8 THC produces a “high” the way delta-9 THC does. As the FDA states, delta-8 THC indeed produces psychoactive and intoxicating effects on its consumers. However, unlike delta-9 THC, delta-8 THC is completely legal on the federal level and in many states as well. This is due to the 2018 Farm Bill that removed hemp (cannabis plant containing less than 0.3% delta-9 THC) from controlled substances and categorized it as an ordinary agricultural commodity. 

Although hemp is defined as containing less than 0.3% delta-9 THC, FDA clarifies that this should not be equated to “non-psychoactive,” as delta-8 THC is confirmed to produce effects of a “high.” In turn, the FDA warns against brands mislabeling delta-8 THC as non-psychoactive or meant for therapeutic and medical uses. As delta-8 THC products have not been proven by the FDA to be medically effective, this is an extremely serious issue since deceptive marketing claiming that delta-8 THC can act as a cure perpetuates very dangerous consequences for consumers who should be seeking professional and approved medical advice instead.

What should consumers watch out for when purchasing delta-8 THC products?

Due to the nature of delta-8 THC, it is only found in miniscule amounts in hemp plants. Therefore, manufacturers utilize synthetic conversion processes to make their products. This is concerning because it essentially creates a precedent in which manufacturers can use unsafe chemicals or harmful additives since it’s not regulated by the FDA in order to decrease production costs and ultimately increase their own profit. 

In addition to questionable ingredients, the FDA also warns consumers about uncontrolled or unsanitary manufacturing settings due to the lack of regulation and standardization. This not only leads to the presence of contaminants but also inconsistent products resulting from little to no quality control. 

However, there are ways to mitigate these dangerous consequences the FDA warns about. It is imperative that customers do ample research on the brand they are looking to purchase from as well as look for third-party testing , the COAs (Certificate of Analysis), and other forms of authentication methods. If a brand isn’t transparent with their lab results or lacks documentation, it is definitely a red flag and consumers should be watchful of that and heed FDA’s warnings about dubious delta-8 THC products. As long as research is implemented and consumers take the time to analyze the ingredients and manufacturing process, it should be relatively safe to purchase at one’s own discretion.

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