Similar to bans on kratom, states and communities across the U.S. are outlawing Delta-8 and Delta-10 THC. Most recently, New York’s Health Department placed both Delta-8 and Delta-10 on the list of prohibited substances.

The new rules are not only hurting CBD retailers, but some are also closing up shop. One large retailer, Empire CBD, is shutting six stores in upstate New York.

According to the New York guidelines, any cannabinoid and cannabidiol products made synthetically (a chemical process known as isomerization) cannot be sold in the state. Since most Delta-8 and Delta-10 products are not made directly from the hemp plant, the new rules essentially define them as “synthetic.”

Meanwhile, products made from naturally occurring THC in hemp will still be allowed. While that is likely a good idea, the issue is that most law enforcement agencies are not going to know the difference between the natural and synthetic products. As a result, blanket regulation will put most retailers at risk, even if they are selling the natural hemp THC products.

Other states are banning Delta-8 and Delta-10

In Texas, the demand for Delta-8 products has exploded. CBD retailers across the state are seeing it fly off the shelves.

However, the state is considering its own ban on the supplement. A recently introduced bill proposes to reduce the penalties for marijuana possession. However, an amendment to the pending bill also contains language similar to New York’s ban on Delta-8 and Delta-10 products. In addition, it significantly limits the amount of THC allowed in natural hemp-derived products.

Texas and New York are just two of a dozen states with prohibitions or proposed bans on Delta-8 and Delta-10. Colorado, the first state to legalize marijuana for recreational use, has already made Delta-8 and Delta-10 illegal. Alaska and Vermont have also made the sale of these products illegal. Washington state is also considering its options.

At the federal level, the 2018 Farm Bill defined hemp-derived cannabinoids as hemp, making it a legal plant to possess. However, in a statement issued in 2020, the U.S. Drug Enforcement Administration kept “synthetically derived THC” on the Schedule I controlled substances list, which also includes cocaine, ecstasy, and heroin.

The mind-altering effects of Delta THC

These products have become very popular in recent years simply because of the mind-altering effects. At a high dosage, Delta-8 and Delta-10 can trigger feelings of euphoria and relaxation. Many users consume or smoke THC supplements for pain and anxiety relief.

While many users prefer Delta-9, the compound in cannabis that gets you high, Delta-8 can be a milder, more legal substitute. Also, inexperienced THC curious people try Delta-8 first before hitting the more intoxicating Delta-9.

Delta-8 and Delta-10 might just be a fad, with its popularity slowly waning over time. However, with current and proposed bans, the THC supplement may be gone before you know it.