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, there is a “Delta 8 is not illegal” market in several states, including Utah.
Medical use only of cannabis became legal in Utah at the 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 a few potential loopholes in the law: Delta 8 is illegal.
That said, Utahns can still get Delta 8 easily, and many Utah companies sell it outdoors, such as WB’s Eatery.
“We don’t serve products infused with Delta 8 or CBD. We sell National D8 i WB CBD Oil for guests to take home and/or control the dosage themselves. It’s 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, which owns WB’s Eatery.
When asked for clarification on whether guests can use Milli Delta 8 at the WB facility, and if that is allowed under Utah state law, Wanderly-Britt says, “They can consume on site , but they must be dosed.”
Since Delta 8 is not federally illegal, it is also not regulated. 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 created and sold across the country.
This lack of regulation is a concern for lawmakers because even though Delta 8 occurs naturally in hemp, it is found in low percentages. So a lot of what is sold on the market is Delta 8 that has been isomerized from CBD. CBD is a non-intoxicating cannabinoid also found naturally in hemp, known for its soothing and calming 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.
