Understanding THC Delta-8: What It Is, Common Hemp Products, and What to Watch Out For
What is THC Delta-8, and how is Delta-8 THC different than Delta-9 THC?
THC Delta-8 (Delta-8-tetrahydrocannabinol) is a naturally occurring cannabinoid found in cannabis and hemp plants. Chemically similar to Delta-9-THC (the primary psychoactive compound in marijuana), Delta-8-THC has a slightly different structure. This structural difference makes Delta-8 less potent and results in milder psychoactive effects compared to Delta-9.
Delta-9 is the stronger of the two and is what most people think of when they talk about getting high from marijuana. It hits you harder and can sometimes cause side effects like anxiety or paranoia. Delta-8, on the other hand, is weaker and gives a gentler high. People say it makes them feel relaxed and clear-headed without as much risk of those negative side effects. So, Delta-8 is often seen as a middle ground: it’s stronger than CBD (which doesn’t make you high at all) but milder than Delta-9.
Delta-8 is legal in many U.S. states where Delta-9-THC remains prohibited because Delta-8 is usually derived from hemp, which became federally legal through the 2018 Farm Bill.
Common Products That Contain Hemp
Hemp is a versatile plant, and its components (like CBD, Delta-8, and others) can be found in a range of products, such as:
- **Edibles** – Hemp-based gummies, candies, chocolates, and even beverages are often infused with CBD or Delta-8-THC.
- **Vapes** – Many vape cartridges and disposable vape pens on the market are infused with hemp-derived cannabinoids like Delta-8 or CBD.
- **Topicals** – Creams, lotions, and balms containing CBD or hemp oil are popular for their potential to relieve localized pain or inflammation.
- **Tinctures and Oils** – These products allow users to take CBD or Delta-8 in a concentrated liquid form, typically by placing a few drops under the tongue.
- **Capsules and Pills** – For a more discreet and controlled way of taking hemp-based products, capsules or softgels are commonly used to deliver specific doses.
- **Clothing and Textiles** – Beyond cannabinoids, hemp is also used in creating sustainable fabrics, which are incorporated into eco-friendly clothing, bags, and other textiles.
Where Can You Find Products With Hemp in Them?
Hemp products are becoming increasingly mainstream and are now available through a variety of retail channels. One of the most popular ways to purchase hemp products, such as Delta-8, CBD, and hemp-based edibles, is through online retailers, which typically offer a broad selection and ship nationwide, although availability may vary based on local regulations. In states where cannabis is legalized, licensed dispensaries provide another option, offering Delta-8 and other hemp-based products with detailed labeling and lab-tested quality assurance. Health and wellness stores that focus on supplements and natural remedies also frequently stock CBD oil, tinctures, and topicals. Additionally, some gas stations and convenience stores carry Delta-8 products, though the quality and variety can be inconsistent. Finally, farmers markets, particularly in regions with a strong hemp farming presence, often feature locally-produced hemp products created by artisans and small businesses.
Particularly concerning for military members, hemp is so prolifically used in products that it was recently found in protein shakes sold in GNC stores on base.
What to Watch Out For: Avoiding Products with Hemp
As explained below, military members must avoid consuming products with hemp. To ensure you steer clear of these products, it’s important to take a few precautions. First, always check labels and ingredients when purchasing consumable or topical products, looking for terms such as “CBD,” “Delta-8,” “hemp-derived,” or “full-spectrum.” Additionally, pay attention to any warnings or disclaimers on the packaging that indicate cannabinoid content, including THC levels, as these can help identify hemp or hemp-derived products. Lastly, avoid purchasing unlabeled products from retailers or locations that don’t provide clear information about their contents to prevent the accidental consumption of hemp.
THC Delta-8 in the Military: Regulations and Consequences for a Positive Urinalysis
Military Regulations on THC Delta-8
Although Delta-8 may be legal under federal law due to its hemp origin, the Department of Defense (DoD) classifies all THC-containing products, including Delta-8, as controlled substances for military personnel. This means that members of the Navy, Marine Corps, Air Force, Space Force, and Army are strictly prohibited from using Delta-8-THC products, regardless of whether they are sold over-the-counter in civilian markets or legalized in their home state. The ban applies to all forms of Delta-8 products, including edibles, vapes, tinctures, and topicals. It also extends to CBD products, even when derived from hemp, as these may contain trace amounts of THC, including Delta-8.
Consequences of a Positive Urinalysis for Delta-8
The drug screening labs test for Delta-9 THC and Delta-8 THC separately. If you get a positive urinalysis for Delta-8 THC, it is extremely important to contact an attorney immediately to help you through the process. There will be an investigation, and the choices you make during that time could determine the outcome of your career and future.
If a service member tests positive for THC in a urinalysis, possible consequences are:
- **Non-Judicial Punishment (NJP)** – In many cases, a positive drug test can lead to non-judicial punishment, often referred to as Article 15 proceedings under the Uniform Code of Military Justice (UCMJ). This can include:
– Reduction in rank
– Loss of pay
– Extra duty
– Restrictions on personal freedom
- **Administrative Separation** – A positive THC test may result in administrative separation from the military, which can affect future employment, veterans’ benefits, and military service records. In some cases, this can lead to a less than honorable discharge, which carries long-term repercussions.
- **Loss of Security Clearance** – Service members who hold security clearances are at an especially high risk if they test positive for THC. A failed drug test can lead to the immediate revocation of a security clearance, which may effectively end a military career, especially for those in roles that require access to classified information.
These consequences can be avoided with the help of a skilled military defense attorney.
How a Military Defense Attorney Can Help After a Positive Urinalysis in the Military
Receiving a positive urinalysis in the military for THC or other controlled substances can have serious consequences, including non-judicial punishment, administrative separation, or even court-martial. If you find yourself in this situation, seeking legal representation from a military defense attorney is crucial to understanding your rights and defending your case.
An attorney experienced in military law can provide invaluable support in several ways:
- **Challenging the Validity of the Drug Test** – A military defense attorney can examine whether the drug testing process was properly conducted. There are strict guidelines for handling samples, and any errors in the chain of custody, improper labeling, or faulty testing procedures could lead to the test being thrown out as evidence.
- **Arguing for a Finding of Not Guilty** – Individuals may unknowingly consume products containing THC or other banned substances. An attorney can present evidence showing that the use was unintentional, for example, through exposure to mislabeled or contaminated products, which may result in a finding of not guilty.
- **Providing Expert Testimony** – A military defense attorney can bring in experts in drug testing to explain potential flaws in the testing process or the science behind how certain substances metabolize in the body. This could cast doubt on the accuracy of the positive result.
- **Negotiating Punishments** – Even if the positive result stands, a skilled attorney can negotiate for reduced penalties, such as securing an administrative separation rather than a court-martial or helping you avoid a less-than-honorable discharge.
- **Representing You in Legal Proceedings** – Whether facing non-judicial punishment or a court-martial, having a military defense attorney by your side ensures that your case is presented in the best possible light and that your rights are protected at every step of the process.
Kral Military Defense: Highly Experienced in Military Drug Cases
If you are a service member who has tested positive for Delta-8 or any other controlled substance in a military urinalysis, Kral Military Defense can provide the legal support you need. With experience in handling military drug cases, the attorneys at Kral Military Defense specialize in defending service members against drug-related charges, including those involving positive tests for Delta-8, Delta-9, and other THC products.
Kral Military Defense understands the complexity of military law, the strict regulations governing drug use, and the importance of protecting your career and reputation. They can help challenge the results of your drug test, negotiate favorable outcomes, and provide expert guidance through the legal proceedings.
Having an experienced attorney from **Kral Military Defense** on your side ensures you are taking every possible step to defend your case, potentially saving your career and future opportunities in the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard.
