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Delta-8 sales are rising in Texas. Here’s what you should know about the THC product

Gas stations, vape stores and smoke shops around Texas have recently ramped up their sales of delta-8 THC products. But what exactly is it?

Still a fairly new trending product, delta-8 is a cannabinoid that is extracted from cannabis plants, most often coming from hemp. It became federally legal under the 2018 Farm Bill, but Texas has objected to the federal schedule, still declaring the product a controlled substance.

Many residents are not aware of its illegal status because it was not explicitly labeled among the Schedule I controlled substances until the health department updated its website Oct. 15.

The controlled substances list does not specifically cite delta-8, but refers to a broader group of THC isomers.

The product has been sold in the form of edible candy, vape cartridges and oil tinctures, which people use to get a “high” similar to that experienced from using the “regular” cannabis.

As more North Texas businesses sell the product — including a soon-to-come vape store in Frisco that recently received pushback from some parents — and product concerns grow among government agencies and cannabis advocacy groups, here are some facts you should know.

It is a less potent alternative to “regular” cannabis.

Overall, the two THC products are very similar.

Delta-8 has a slightly different chemical structure than the regular delta-9 THC product that’s commonly known as “marijuana,” “cannabis” or “weed.” The only difference is the location of a double bond that occurs on the eighth carbon in delta-8 and the ninth carbon in delta-9, according to NBC News.

Because of this, receptors in the body’s endocannabinoid system — how the body responds to the use of the products — bind in a slightly less potent manner with delta-8 products.

It still has psychoactive and intoxicating effects.

Because the compound structure of the two products are so close, delta-8 users can still experience a similar “high” with pyschoactive and intoxicating effects, according to the Food and Drug Administration.

Delta-8 users could still fail a drug test.

In fact, the two products are so close to being the same that L.A. Weekly reports that delta-8 users can still fail a drug test. This is because drug tests only detect byproducts that suggest THC use, and since the products contain nearly the same elements, the byproducts are there.

Because it is a less potent product, it may leave their system at a quicker pace than the regular product.

State lawmakers recently discussed its ban.

A bill that aimed to ban delta-8 products across Texas failed in the state’s most recent legislative session, according to Texas Public Radio.

Fifteen U.S. states have restricted its sale or use.

Discover Magazine reported that some of the most cannabis-friendly states — including Colorado, New York and Washington — have restricted the sale or use of delta-8 products.

It has not been approved by the FDA.

The compound has not been approved by the Food and Drug Administration for safe use in any context.

The agency has concerns over the variability in product formulations and product labeling, other cannabinoid and terpene content, and variable delta-8 THC concentrations, according to the FDA website.

Additionally, many delta-8 products are labeled as “hemp products,” which consumers may interpret as “non-psychoactive.” They’re also marketed for therapeutic or medical uses, which is a violation of federal law because they are unsubstantiated claims.

Many of its products are unregulated.

Cannabis-supporting organization NORML — the National Organization for the Reform of Marijuana Laws — recently published a report highlighting its concerns with the sale of many delta-8 products because the market is so unregulated.

The report stated that many products come from unregulated sources on the hemp market or contain new synthetic substances that are not found in nature — contrary to the “regular” cannabis plant.

The unregulated delta-8 THC products are produced artificially by a chemical conversion process called isomerization, which has no guidelines overseeing the process.

Because of this and its lack of human safety data, these products should be considered illegal under federal law, according to the NORML website. The final delta-8 product may also have harmful byproducts due to the chemicals used in the process.

Additionally, the FDA reports that the manufacturing of delta-8 THC products may occur in uncontrolled or unsanitary settings, which may also lead to the presence of unsafe contaminants or other potentially harmful substances.

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