How is delta-8 legal in Florida? Is it a loophole for cannabis consumption?

Lianna Norman, Palm Beach Post

September 20, 2023 at 12:36 PM·3 min read

Recreational marijuana isn’t legal to sell in Florida, even though there are many medical marijuana dispensaries available throughout the state.

And for Floridians who don’t have a medical marijuana card to legally buy cannabis products, there is a loophole, of sorts. Most smoke and vape shops in Florida have an array of delta-8 THC joints, gummies and vapes. It’s commonly called “marijuana lite” and “weed lite” because those who’ve smoked it report that the effect is like a watered-down version of the real stuff.

But how is selling a product with enough THC to get you high, like delta-8, even legal in a state where recreational cannabis isn’t?

What is the difference between Delta-8 and legal weed?

Delta-8 products typically have milder psychoactive effects than delta-9 THC, the cannabinoid that gives “real” weed its high. Marijuana and hemp are both types of cannabis sativa plants. The kind of weed that you buy in dispensaries comes from marijuana plants, whereas CBD and delta-8 THC both come from hemp plants.

“Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant,” the FDA’s website says. “As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD).”

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Can Delta-8 make you fail a drug test?

Although delta-8 THC comes from hemp, like CBD, its chemical composition is really similar to the delta-9 THC cannabinoid that gives marijuana its euphoric effect.

According to Healthline, GoodRX and Quest Diagnostics, it is possible for delta-8 to come up on a drug test. Whether or not you can consume delta-8 before you have to take a drug test will depend on how regularly you consume it, physical features like your weight and how much time passes between when you consume delta-8 and when you take a drug test.

“A presumptive test for a person who has used a delta-8 product (which may be legal in the state where he or she resides) may give a false-positive for delta-9-THC,” Quest Diagnostics’ website says. “The two metabolites also have the same molecular weight and very similar chemical properties, meaning delta-8-THCA can interfere with detection of delta-9-THCA, leading to a false-negative on definitive testing.”

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How long will Delta-8 stay in your system?

According to GoodRX, how long delta-8 THC stays in your body depends on how regularly you consume it.

“Cannabinoids are stored in the fat cells in your body after they’re taken and then slowly released,” GoodRX’s website says. “So they can accumulate over time with regular use. Because their structures are similar, delta-8 is expected to stay in the body for the same amount of time as delta-9 THC.”

For those who only occasionally consume delta-8 products, it could leave their body in as little as two to five days. But for regular users, it could hang around for up to 15 days or longer, depending on your percentage of body fat. If you have a high percentage of body fat, it could stick around for a month or longer.