Stores in Oxford are selling and giving away Delta-8-THC, a derivative of hemp that is similar to Delta-9-THC, the primary psychoactive ingredient of marijuana.
According to the 2018 Farm Bill, hemp and hemp-related products are now legal, so long as they have less than 0.3% of Delta 9, which is illegal. Essentially, the bill removed hemp –– defined as cannabis –– and derivatives of cannabis with low concentrations of Delta 9 from the legal definition of marijuana.
Tony Barragan, the owner of Hemp Ville CBD, said that the Delta 8 products he sells –– the smokeable, vapable and edible forms –– are very popular among his customers.
“(Delta 8) is one of the most trending things right now,” Barragan said. “There was a time where cannabigerol (CBG) was pretty popular, which was promoted to us as the Rolls Royce of the cannabinoids. It was very popular. And next thing you know, the Delta 8 came out. We already know that there’s Delta 10 on the way, so we’re waiting on that.”
Delta-8-THC is only slightly chemically different from Delta 9. According to Don Stanford, the assistant director of the research institute of pharmaceutical sciences, the one chemical difference is a double bond in one position in Delta 9. In Delta 8, that bond is in a different position.
“Psychoactive and pharmacologically wise, they’re very similar in that they’re both psychoactive,” Stanford said. “But Delta 8 is less psychoactive than Delta 9.”
Alex Fauver, captain of the Metro Narcotics Unit (MNU), said that while MNU officers deal with people in possession of THC in some form almost every day, they have not had any legal issues with Delta-8.
“We haven’t seen or had any trouble with Delta 8 that I’m aware of,” Fauver said. “Our crime lab (doesn’t) even break it down to percentages or anything else. They test for THC, and that’s it. That’s all the state crime lab tests.”
Barragan said that while there is a slight chemical difference between Delta 8 and Delta 9, the effect it has is drastic. He said that while Delta 9 gets users high, he would describe Delta 8’s effect as more of a buzz or euphoric effect.
“I like to compare (the effect of Delta 8) to the first glass of wine. You’re still able to eat dinner. You’re still able to drive home. You’re still able to go about your daily tasks,” Barragan said. “Delta 9, on the other hand, can put you on the couch. I can’t put it any other way other than it gets you high because that’s what it does.”
Barragan said some people believe that Delta 8 is illegal, but he said that it’s a perfectly legal product.
“The reason why it is legal is because it is hemp-derived Delta 8. There’s nothing illegal about hemp-derived products,” Barragan said. “People think that Delta 8 is coming from the cannabis plant and things like that now. Knowing that the cannabis plant naturally grows with that low THC level, it’s just hard for me to accept the fact that people are comparing Delta 8 to Delta 9 when it’s night and day.”
Stanford disagrees with Barragan, saying that because of the uncertainty of Delta 8, there is a grey area concerning the legality of the product.
“(Delta 8 is) one of those things that people do to make a buck even though there’s a lot of uncertainty about the legality of it. It’s really pretty clear that to a (Drug Enforcement Administration) agent or law enforcement with Delta 8 and Delta 9, there would be no difference as far as the legality goes,” Stanford said. “The hemp associations and the hemp manufacturers argue that it follows under the Farm Bill, but I think it’s pretty clear in the law that it is a Schedule I controlled substance.”
Larry Walker, the director emeritus of the National Center for Natural Products Research, also said that Delta 8 is illegal. He attributed the act of people trying to find loopholes to make it legal to the Farm Bill from 2018.
“When the hemp laws were revised in 2018, it made a lot of people think they have a loophole, so they could take anything that’s not technically Delta-9-THC and say it’s from hemp and legal, but that’s not true,” Walker said. “CBD is maybe a different story. There’s a lot of leeway now for CBD, but these other cannabinoids, and especially the ones that are psychoactive, are not legal.”
Kelsie Wright, a manager of Slackers Supply smoke shop, said that along with selling a variety of CBD products, they also do daily Delta 8 giveaways and uses it as a form of free advertisement. Wright said she originally had concerns about possessing Delta 8 in the store, considering how similar it is to Delta 9.
“One of our concerns is not really being able to tell too much of a difference between (Delta 8) and (marijuana),” Wright said. “Since we’re giving it out for free instead of selling it, it’s kind of a loophole in its own. We haven’t had any issues with it or any troubles at all.”
Stanford, the assistant director of the research institute of pharmaceutical sciences, said that while Delta 8 is gaining popularity, it is only as safe as any other drug and advises people to be careful if they use it.
“Every drug has its risk,” Stanford said. “So if you’re going to use Delta 9 for whatever purpose, Delta 8 would probably be as safe as Delta 9.”
An earlier version of this article should have identified Kelsie Wright as a manager of Slackers, not the owner. The owner of the store is James Funk. The earlier version of the story also said that the store does not sell CBD products, but it should have said that the store does sell a variety of CBD products.
