Legal Loopholes and Unregulated Drugs: What You Need to Know About Delta-8 THC and Other Substances

Gas stations, vape shops, and online stores across the country are selling a wide array of enticing products — gummies, chocolate bars, chips, and more — labeled with terms like delta-8 THC, psychedelics, and nootropics. However, while these substances may be available on store shelves, their legality and safety are clouded by legal loopholes and a lack of regulatory oversight. Here’s what you should know about these under-regulated substances.

How Are These Substances Legal?

The legal status of drugs like delta-8 THC hinges on technicalities within U.S. drug laws. Delta-8 THC became popular following the passage of the 2018 Agriculture Improvement Act, also known as the Farm Bill. This legislation allowed hemp-derived products to be classified separately from marijuana, creating a legal pathway for delta-8.

Though delta-8 THC has a slightly different chemical structure from the more widely known delta-9 THC found in marijuana, it can still produce psychoactive effects. Due to this similarity, delta-8 exists in a legal gray area, with regulations varying by state. According to Robert Mikos, a marijuana policy expert at Vanderbilt University, substances like cannabinoids can be chemically altered into new variants, making it difficult for law enforcement to keep up.

“There have been all sorts of things that (have) cycled through popularity over time,” Mikos noted. “Government enforcement is always one step behind chemists’ development.”

If It’s Sold in Stores, Is It Safe?

Despite being sold in familiar stores, these products often lack proper oversight in their production and labeling. This means consumers may not truly know what they’re ingesting. Earlier this year, the FDA investigated illnesses linked to recalled Diamond Shruumz products, which contained muscimol (a legal psychoactive compound) and other unlisted ingredients, including the controlled substance psilocin. The incident highlighted the potential dangers of consuming unregulated substances, underscoring the need for caution and awareness.

Dr. Ginger Nicol, who leads the psychedelics research program at Washington University in St. Louis, emphasized the uncertainty surrounding the potency and safety of many of these products. “You can get a bad batch,” she warned. “Nobody is necessarily testing it for purity or contamination.”

Dr. Igor Grant, from the University of California, San Diego’s Center for Medicinal Cannabis Research, raised additional concerns about the manufacturing process. He pointed out that delta-8 THC is made using chemical processes that involve strong acids. If residual chemicals remain in the final product, they could pose additional health risks beyond those associated with delta-8 itself.

“If this were done according to the Food and Drug Administration’s standards, which have strong regulations about purity and all that, it’d probably be fine,” Grant said. “But that’s not how it’s made.”

What Should You Do?

Experts strongly advise caution when considering these products. Dr. Nicol suggests that individuals consult with their doctors before taking unregulated drugs, noting the lack of rigorous research and oversight. “Nobody is necessarily testing it for purity or contamination,” she said, adding that it’s critical to be aware of potential risks. This proactive approach ensures that consumers are well-informed and prepared when dealing with these substances.

In a landscape where drug regulations lag behind the evolving market, the best course of action is to stay informed and prioritize safety when encountering new and untested substances. By staying informed and making safety a priority, consumers can navigate this complex terrain with a sense of empowerment and responsibility.