It gets even more complicated, especially given the patchwork of state laws that currently exist. Some states have legalized Delta 8, while others have not addressed the issue. As a result, a “Delta 8 is not illegal” market exists in several states, such as Utah.
Cannabis for medical use has become legal in Utah end of 2018. In addition, according to the Utah Controlled Substances Act, hemp-derived THC is prohibited by state law. Although Delta 8 THC is not specifically listed, there are few or no potential loopholes in the law: Delta 8 is illegal.
That said, Utahans can still get Delta 8 easily, and many Utah companies are selling it out in the open, like The W.B. Restaurant.
“We do not serve products infused with Delta 8 or CBD. We sell Milli D8 and WB’s CBD oil for guests to take home, and/or control the dosage on their own. It is illegal at the federal level to infuse food or drink as well as at the state level,” says Amy Wanderley-Britt, co-founder of 360 Restaurant Group, owner of WB’s Eatery.
When asked for clarification as to whether customers are permitted to use Milli Delta 8 on WB premises, and whether it is permitted by Utah state law, Wanderly-Britt said: “They are allowed to consume on the spot but must dose themselves.”
Since Delta 8 is not federally illegal, it is also unregulated. Therefore, there are few restrictions on what can go into a Delta 8 product, unlike the heavy regulations associated with the legal cannabis industry. This phenomenon has created a booming market in which unregulated Delta 8 THC products, ranging from edibles to flowers, are being created and sold nationwide.
This lack of regulation is a concern for lawmakers because, although Delta 8 occurs naturally in hemp, it is present in low percentages. So much of what is sold on the market is Delta 8 which has been isomerized from CBD. CBD is a non-intoxicating cannabinoid also found naturally in hemp, known for its calming and soothing properties. Isomerization involves applying acid and heat to CBD to produce Delta 8. The process produces a synthetic version of Delta 8; for sale in vape carts, tinctures, edibles and more.