The FDA Sets Targets On Delta-8

By Daniel Shortt, The Fresh Toast on

Published in Cannabis Daily

Delta-8 and CBD also differ in how they interact with the human body and where they come from. CBD is a non-impairing cannabinoid found in the cannabis plant, and often present in hemp due to selective breeding. Delta-8 THC does have intoxicating effects but is not as strong as Delta-9 THC, which is the compound that gets cannabis users high. Delta-8 is found only in trace amounts in the cannabis plant and is commonly developed by converting CBD to Delta-8 THC in a lab.

The fact that Delta-8 THC is intoxicating and is not naturally occurring could cause the FDA to take a stricter approach with Delta-8 compared to its treatment of CBD. Over the last eight years, the FDA has continually sent warning letters out to companies distributing CBD products. The Federal Trade Commission (FTC) also fined several CBD distributors over claims made about COVID-19. But aside from a few warning letters and fines, CBD distributors have operated with little risk of FDA enforcement that goes beyond warnings.

I believe that FDA has taken its “hands off” position in part because CBD is relatively safe and non-intoxicating. I expect that the FDA will have less tolerance for Delta-8 because it is intoxicating and generally does not naturally occur in the cannabis plant. If the FDA does take a stand against Delta-8 CBD, it could seize and destroy products, bring civil suits against manufacturers, and potentially even bring criminal charges against Delta-8 manufacturers.

If you are in the Delta-8 business, you are now on notice that the FDA has its targets on Delta-8. Now is the time to review marketing material very carefully. We will continue to monitor the FDA’s position on all forms of cannabis on the Green Light Law Blog.

Daniel Shortt is a corporate and regulatory attorney based in Seattle, Washington who works extensively with entrepreneurs in the cannabis industry. You can contact him at or (206) 430-1336.


This article originally appeared on Green Light Law Group and has been reposted with permission. 

The Fresh Toast is a daily lifestyle platform with a side of cannabis. For more information, visit

The Fresh Toast



blog comments powered by Disqus