Similar to regular THC, Delta-8-THC has demonstrated medicinal and recreational benefits. Federal law permits the purchase of Delta-8-THC goods both in-person and online. Normally, Delta-8 falls under the same state rules that govern cannabis. Four additional states are now examining the legality of Delta-8 THC, which is currently prohibited or limited in 21 U.S. states.
Law enforcement agents are somewhat in a tough spot about what to do if they suspect someone has ingested Delta-8 before or while driving. There is no fail-proof way to test for THC or Delta-8, which makes it difficult to regulate and govern use while operating a vehicle. The best way to avoid any trouble is to never use a cannabis product while driving.
What is Delta-8?
The psychoactive compound Delta-8 tetrahydrocannabinol, sometimes referred to as Delta-8 THC, is a component of the Cannabis sativa plant, from which hemp and marijuana are derived. One of the more than 100 cannabinoids that the cannabis plant naturally produces, Delta-8 THC is not present in high concentrations in the cannabis plant. As a result, cannabidiol produced from hemp (commonly called CBD) is often used to produce concentrated levels of Delta-8 THC.
The FDA is aware of the escalating worries regarding goods containing Delta-8 THC that are now being sold around the country. The FDA has not examined or cleared these items for safe use in any situation. Furthermore, some of these goods may simply be referred to as “hemp products,” which may confuse customers who mistakenly believe that “hemp” means “non-psychoactive.” It is against federal law when unapproved products with unsupported therapeutic claims are sold, and since these items have not yet been shown to be safe or effective, they may also put consumers in danger.
Delta-8, just like any THC, can cause a certain high or intoxicating effect when consumed. Due to this, there is a certain level that is deemed safe for users. Though, there is not a standard that is safe for operating a vehicle.
Legal Doses of Delta-8
Delta-8 is less potent, and it will not have as strong of an effect on a person as marijuana THC does. Even more advantages of Delta-8 THC may exist for people. Many users report fewer anxiety symptoms, pain alleviation, nausea relief, and many other benefits.
Some people might believe that Delta-8 can be administered in the same manner as a CBD dosage. Though a valid thought, this train of thinking is typically wrong. Finding the ideal serving size for Delta-8 depends on a variety of different factors. CBD is a non-psychoactive cannabinoid, whereas the less strong version of THC (Delta-8) is psychoactive, which means a high or intoxicating feeling may occur. While the two serving sizes are comparable and both come from hemp, they should not be treated the same.
As to the legal limit, there is no “limit” that the law provides. Delta-8 is not governed by any controlling body, which means there are not many sanctions around it, included with does. We encourage readers to engage in conversations with their doctor when considering whether or not to consume THC or Delta 8. Understanding the potency and what is best for the body is important.
Being Pulled Over While Under the Influence of Delta-8
Delta-8 THC is a psychoactive chemical that can make it difficult to drive, even though it is legal to ingest in Louisiana. There may be consequences for driving while using or impaired by Delta-8 THC that are similar to those for driving when intoxicated by alcohol or other substances. So it’s preferable to err on the side of caution and never use Delta-8 THC while operating a vehicle.
Any form of intoxication makes it illegal to operate a vehicle in Louisiana. According to the definition of being under the influence, a person must not have any intoxicants or drugs in their system that would impair their mental or physical faculties or cause them to lose control. This includes all of the aforementioned types of THC, such as Delta-8.
When it comes to marijuana DUIs, the issue is how the State proves that a person is too intoxicated to operate a motor vehicle if the blood test results show that delta-9 is present. Although a blood test often does not detect Delta-8 THC or comparable chemicals, the low amount below may cause you to test positive for delta-9 marijuana. The products only contain 3% THC.
Even though there may be no exact way to test for Delta-8, if the police feel that a person is intoxicated in any manner and it is affecting their driving, they have a right to pull a person over and test for any substances.
Having Delta-8 in the Car
No state has transportation regulations regarding Delta-8. Many states have laws about transporting THC, but Delta-8 has not fallen under that list. Therefore, it is deemed legal to have Delta-8 in the car. However, it is typically governed the same way as marijuana, and users must keep the product in the original container. It must be sealed and out of reach of the driver.
Though, because there is not a specific law and more of guidelines for having Delta-8 in the car, it would not be illegal for a person to be carrying Delta-8 on them while driving or in a car.
State Laws Regarding Delta-8 and Marijuana
There are no state laws for the controlled use of Delta-8. So, state officials will typically turn to what the marijuana laws say.
Louisiana has yet to enact a state law legalizing marijuana use for recreational users. However, the governor has recently signed a series of bills that decriminalize possession and broaden existing laws. Marijuana purchase and use is legal for all medical card holders.
The new laws under these bills were meant to go into effect on August 1, 2022. The biggest development in marijuana law in Louisiana is the protection of medical marijuana patients in the workplace.
Criminal Defense Lawyers at Stephenson, Charvarri & Dawson, L.L.C.
Being pulled over after consuming Delta-8 could result in serious charges, and every person should know their rights. It is important to understand the laws governing Delta-8 and other related products. Discussing these rights and laws with an attorney can help keep roadways safe.
