Apr. 12—ROCHESTER — Meet regular marijuana's low-buzz — and legal — cousin.

Delta-8-tetrahydrocannabinol — THC — is a cannabis product in which the chemical makeup is far less potent in making consumers high than delta-9-THC.

Delta-9 is the compound found in marijuana that produces the high people experience while smoking or consuming marijuana. It is also the active chemical ingredient found in medically prescribed marijuana.

Delta-8 differs from delta-9 in that it is a molecular isomer of delta-9, meaning it has the same number of atoms of each element, but they are arranged differently and therefore have a different chemical effect. So, while delta-8 might smell like regular marijuana, it has a much milder impact on consumers.

Popular items such as a 15 oz jar of delta-8 gummies can cost an average of $35 and a delta-8 vape pen typically costs $50.

Delta-8 is not federally regulated. As of its March 18 update, the U.S. Food and Drug Administration states that "Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk."

Currently, delta-8 is legal for sale in 32 of the 50 states including Minnesota, South Dakota and Wisconsin. What makes delta-8 legal in all these states and even at the federal level is the Agriculture Improvement Act of 2018.

The bill, more commonly referred to as the 2018 Farm Bill, states that any hemp product that does not contain more than 0.3% of delta-9-THC can be sold legally. Although delta-8 is not named in the Farm Bill, the majority of delta-8 products fit this criteria, which makes them legal for sale.

Smoke shops in Rochester have increased their inventory of CBD products over the last five years, including the rise of delta-8 in said inventories. The shops include Rochester Smoke Shop, Hempire, the Melting Clock Smoke Shop, and Downtown Intimates.

"We don't have any authority with delta-8," said Christine Tholkes, director for the Minnesota Department of Health's Office of Medical Cannabis. "Delta-8 is all over-the-counter and not a part of our medical program."

Since MDH does not include delta-8 in its medical program and the types of cannabis products that can be used for medical treatment, delta-8's status as an over-the-counter hemp product allows anyone over the age of 21 to purchase the product at any smoke shop that carries it.

Hempire CEO Shelly Buchanan spoke about the importance of educating people on CBD and delta-8 products and how her store strives above all else to be an information resource.

"The biggest thing for our store specifically is education on delta-8. All of our staff have to take a course in order to work at the store. You cannot work there unless you pass the course because I want to make sure people are educated. That's huge," Buchanan said.

Part of that education is ensuring any customer that comes through the doors of Hempire understands what each CBD and delta-8 product can do for them. Hempire also stresses to customers that delta-8 is not federally regulated.

Hempire's employees must pass an exam testing their knowledge of the store's products in order to be hired.

Like all tobacco and CBD products in Minnesota, no one under the age of 21 can legally purchase delta-8 products. Those in the 18-20 age range must be a medical marijuana patient in order to purchase delta-8. Medical marijuana patients have no age limits but those under 18 must obtain a doctor's prescription and have permission of parents or official legal guardians.

In addition, only Minnesota residents who've been certified as meeting the state's qualifying conditions may receive medical cannabis in the state, according to the Department of Health.

As of 2021, 29,402 Minnesotans can get medical marijuana. Of those, 14,226 were newly certified in 2021, according to the Department of Health.

There were 951 registered medical marijuana patients in Olmsted County as of December 2021. MDH has kept track of data on medical marijuana use in the state since 2015.