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There are many “minor” cannabinoids which may or may not be present in any particular chemovar, the specific chemical composition of a cultivated strain. By minor, we are referring to the relatively low concentrations of these cannabinoids within the flower, not that they are of no importance. Such a minor cannabinoid is delta-8 THC. There are both medical and current legal and regulatory agency points to consider.

Delta-9 THC vs Delta-8 THC

Most medical cannabis patients are familiar with THC, the cannabinoid associated with the euphoric effects and many of the medical benefits of cannabis. The version of THC which is most prevalent, after decarboxylation by application of heat of the natively produced and non-euphoric THC-A, is the “active” delta-9 THC species. The delta-8 THC variant may be present in relatively small concentrations in some chemovars.

The difference between delta-9 THC and delta-8 THC is nothing more than the movement of a double bond from the ninth carbon atom of the molecule to the eighth.

This apparently minor change in the structure in the molecule from the delta-9 to delta-8 version of THC has implications for both the drug as a medicine and for the legal aspects regarding government regulation.

Medical Aspects of Delta-8 THC

Although not as well studied, pharmacologically delta-8 THC (D-8) has been shown to have a weaker effect on cannabinoid receptors than the more common delta-9 THC (D-9) variant. This results in D-8 being markedly less euphoric than D-9, with estimates it results in 40%-60% of the “high” experienced compared to using D-9. It seems to be less effective at treating depression in animal models than D-9 and D-8 is estimated to be up to 200 times more potent in treating symptoms of nausea and vomiting. The combination of less euphoria, the superior effectiveness for nausea, and likely similar effects to D-9 for treating many symptoms potentially makes D-8 a very medically useful cannabinoid. It allows patients to treat their symptoms more effectively with less of the euphoria associated with D-9 THC. Feeling “too high” is often a major factor limiting the dose of cannabinoids patients tolerate.

With little or no D-8 produced by most chemovars, the actual medical usefulness of this minor cannabinoid was very limited. Patients with nausea as a symptom usually find cannabis chemovars containing D-8, even in low concentrations of 0.25-1%, more effective at lower doses than strains without the minor cannabinoid. For other medical purposes, the relative scarcity made D-8 more of an experimental chemical than one which patients could use effectively.

Production of Delta-8 THC

Delta-8 THC is becoming widely available as an isolate (100% D-8 molecules) which is then processed into tinctures, edibles and cartridges for inhalation. This “minor cannabinoid” is now available in sufficient quantities permitting the potential medical benefits and more attractive side effect profile to be explored.

The source of D-8 THC is not from cannabis, which contains only trace amounts of the chemical if any. Such a distillation process would have a very low yield and make it prohibitively expensive. With the Farm Bill allowing the cultivation of hemp flower containing cannabinoids with less than 0.3% THC, there is an abundance of relatively low cost CBD available. It is this legal CBD which is then chemically transformed into D-8 THC, producing large quantities of the previously rare cannabinoid at a much lower cost.

The 2018 Farm Bill

The 2018 Farm Bill which made the cultivation of low D-9 THC hemp flower legal also contains some very specific and unambiguous provisions which apply to D-8 THC. It defines as legal: ‘‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” 1 As D-8 THC is a cannabinoid derived from CBD produced from hemp of less than 0.3% D-9 THC, it is an entirely legal substance according the very plain language of this federal law.