Catherine McGrath

For pot smokers across the nation, the legalization of marijuana is an exciting prospect. But while decriminalization bills stagnate in state legislatures, another so-called legal form of THC is already gaining popularity. Delta-8 THC products have been popping up in smoke shops everywhere, piquing the interest of those looking to buy cannabis without breaking the law.

Experimenters and stoners have been quick to embrace this loophole that allows for a legal high, but what exactly is delta-8? And will its growing popularity attract the attention of lawmakers looking to criminalize the sorta-legal substance?

According to Dr. Denise Vidot, an assistant professor at the University of Miami’s School of Nursing and Health Sciences, delta-8 is a form of THC found in “hemp-derived CBD” with milder effects than its illegal counterpart delta-9 (regular weed).

It’s considered legal, Vidot said, because the government never officially identified it as a major cannabinoid. But this legality may soon be revoked or regulated.

To produce delta-8, people working with hemp extract its THC and then “rebrand it and start selling it,” said Giovanni Sibilia, a sales associate at The U Smoke Shop in South Miami.

Delta-8 products are widely available to anyone over the age of 21, he said. “You can get gummies, cartridges, flower, moon rocks, seltzer, cereal bars, chocolate bars and pre-rolls,” said Sibilia. “I like to think of it as the midpoint between delta-9 and CBD.”

However, explained Sibilia, delta-8 products affect everyone differently. Sibilia said, for example, that delta-8 makes him feel tired. On the other hand, a UM junior who wished to remain anonymous described her experience as “just as high but less intense” than that of delta-9. “With delta-8, I’m just like ‘yup, I’m high but I’m having a good time.’”

But buyer beware: This “legal weed” may just be too good to be true. Some scientists and smoke shop retailers remain wary about the contents of the products. Since it’s a new discovery, Sibilia said, there are few regulations on production and companies may cut corners. “They’re not making sure it’s complete delta-8,” he said.

This substance can be produced naturally with expensive machines or unnaturally with chemicals, and most companies may be opting for the latter. “They are taking CBD, which is legal, and they’re basically creating chemical reactions to force the process of converting the CBD into delta-8,” said Vidot.

In terms of regulation, she said, “the scientific community, the regulatory community, we are already meeting often trying to question this delta-8 situational legality. It’s really a matter of time before it starts getting regulated.”

Does any of this matter to college students? Much like with vaping, many students prefer convenience over quality. “It was just convenient,” said an anonymous junior. “We didn’t need to go through anyone. We could literally just show up to The U Smoke Shop and be like, ‘Hi, I want some weed.’”

As states continue to legalize marijuana and therefore open more dispensaries, this phenomenon may soon become a reality for all kinds of weed. But for now, delta-8 remains the only accessible form of THC in Florida smoke shops.