Switch to ADA Accessible Theme
Close Menu

Drug Enforcement Administration Classifies Delta-8 As A Controlled Substance


A few years ago, the green iguana was the most noteworthy ubiquitous green thing in the Sunshine State, but by now the iguanas have become such an ordinary part of the landscape that it is no more surprising to one than it is to see an American alligator or an ageless octogenarian.  Like so many other things in Florida, delta-8 gets its mystique from a unique blend of naturalness and artificiality.  Delta-8 is synthesized from hemp, making it both a legal natural product and an unclassifiable synthetic one.  Until recently, delta-8 flaunted its uncategorizable status, strutting its stuff in gas stations along the southerly stretch of I-95 and near the eastern terminus of I-10.  The Drug Enforcement Administration (DEA) has recently classified delta-8 as a controlled substance, but this does not mean that it is about to disappear from store shelves in Florida.  It does, however, mean that the already confusing patchwork of laws surrounding marijuana and other cannabis products just got even more confusing.  If you are facing criminal charges for possession of a substance that you thought was legal, contact a West Palm Beach drug offenses lawyer.

Dramatis Personae: The Active Ingredients in Weed and the Legal Vagaries Surrounding Them

At the federal level, products made from the Cannabis sativa and C. indica plants are Schedule I controlled substances, which puts them in the same legal category as heroin.  Schedule I controlled substances are illegal drugs with no known medical uses.  Delta-9-tetrahydrocannabidiol, commonly known as THC, is the compound that gives cannabis its psychoactive effects.  Florida and many other states have medical cannabis programs, and some cities and counties in Florida have even decriminalized possession of small amounts of cannabis, no matter the concentration of THC and even if it is for recreational use.

Meanwhile, cannabidiol (CBD), another compound derived from cannabis, is believed not to have intoxicating effects, and you can buy CBD gummies and other edible CBD products with or without a medical cannabis card.  The law thinks of CBD as a derivative of hemp, a plant closely related to C. sativa but with very low concentrations of THC.

Meanwhile, delta-8-tetrahydrocannabidiol (known as delta-8) has a similar pedigree to CBD but similar effects to THC.

Marijuana Laws Are Confusing and Will Remain So for the Foreseeable Future

If you think that all of this is confusing, you are not alone.  Cannabis laws remain in flux, but for the time being, you can face serious legal consequences for possession of cannabis.  If law enforcement is on your case about presumably legal products like CBD and delta-8, you can and should hire a criminal defense lawyer.

Contact a West Palm Beach Drug Crimes Lawyer Today

Attorney William Wallshein has more than 38 years of experience, including five years as a prosecutor in Palm Beach County.  Contact William Wallshein P.A. in West Palm Beach, Florida to discuss your case.



Facebook Twitter LinkedIn