Cannabis news abounds: Virginia legalized recreational marijuana for adults 21 and up this year; our General Assembly has been considering a medicinal marijuana bill (S.B. 711); the Court of Appeals recently acknowledged (but did not decide) that precedent on the odor of marijuana as probable cause and on visual identification of the substance “may need to be re-examined” in light of legal hemp. State v. Parker, ___ N.C. App. ___, 860 S.E.2d 21, 29 (2021) (more on those issues here). I will write about the still-evolving issues with marijuana prosecutions in the state again soon. Today, though, I want to focus delta-8 THC. What is it? Is it legal? If so, how? Turns out the first question is simpler than the rest. Delta-8 THC. Delta-8 tetrahydrocannabinol (“delta-8 THC”) is an isomer of the more (in)famous cannabinoid, delta-9 THC. The two chemicals are closely related and are distinguished only by a single chemical bond, according to Wikipedia and other sources. The compound is naturally present in small quantities in hemp and marijuana. Once the cannabinoid CBD (cannabidiol) is extracted from hemp, delta-8 THC can be extracted from the CBD with relative ease. Although it does not seem to be as popular currently, a similar product is delta-10 THC, another isomer of delta-9 THC. Unlike CBD, delta-8 and delta-10 THC have some impairing effect, but they are apparently less potent than normal marijuana. Proponents claim that delta-8 causes a more relaxed and calmer high than marijuana. Anecdotally, users have described it to me [...]
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