Alabama’s Growing Delta-8 and Delta-9 Market: A New Frontier of Legal Highs

As Alabama remains in a holding pattern over legalizing medical marijuana, a different kind of cannabis product has quietly taken root. While nearly half of the U.S. allows recreational marijuana, Alabama has been slow to act. Yet, a surge in the availability of delta-8 and delta-9 THC products – found in gas stations, vape shops, and convenience stores – has sparked a wave of concern and curiosity across the state.

These products, which include gummies and vapes, derive their psychoactive properties from hemp, making them legal under the federal Farm Bill. But what exactly are these substances, and are they safe?

A joint investigation by The Examination and The Milwaukee Journal Sentinel reveals that the rise of delta-8 and delta-9 products is outpacing regulatory oversight, leaving consumers, parents, and health experts scrambling to keep up. Patrick Cournoyer of the FDA's cannabis product committee warns, "It's a big human guinea pig experiment."

The Surge in Alabama

Alabama lawmakers have been cautious about allowing medical marijuana, partly out of concern for children’s safety. In 2023, they even mandated that all medical marijuana gummies be peach-flavored to deter kids. However, as the state hesitates, delta-8 and delta-9 products have become widely available, often with little regulation.

These products, derived from hemp, have seen nationwide sales approaching $3 billion in 2023. Users claim they help with everything from panic attacks to insomnia. Yet, at the University of Alabama at Birmingham (UAB), doctors have noticed an uptick in patients experiencing hallucinations linked to delta-8 use. "We've seen patients with delusions and severe anxiety after using these products," said UAB psychiatrist Dr. Chelsea Miller.

In response, Alabama has restricted the sale of delta-8 to individuals over 21 and mandated that products be kept behind the counter. But online sales remain largely unregulated, leaving gaps in safety.

What Is Delta-8?

Delta-8 THC, like its more potent cousin delta-9, is a psychoactive compound derived from hemp. The 2018 Farm Bill legalized hemp products with low levels of delta-9 THC, leading to a boom in the production of delta-8. Manufacturers use acids to extract delta-8 from hemp, which is then added to gummies and other products. However, the accuracy of dosing claims is questionable, with no federal oversight to ensure safety.

New variations like delta-10 and THCa have also emerged, adding to the confusion. While delta-8 is generally less potent than delta-9, high concentrations can still cause anxiety, paranoia, and hallucinations.

Concerns and Incidents

The rise of these products has not been without incident. Virginia Guy, director of the Drug Education Council in South Alabama, highlighted several cases where children suffered severe reactions after consuming delta-8 products. In one case, a group of teens had to be hospitalized after vaping delta-8 at a movie theater.

Delta-9 products, which are chemically identical to the psychoactive ingredient in marijuana but derived from hemp, are also making their way into Alabama stores. These products are marketed as adhering to federal laws, but their safety remains unverified.

The Lack of Regulation

Despite the widespread availability of these products, they are not regulated by the FDA, leading to concerns about their safety. In testimony before Congress, FDA Commissioner Robert Califf called for a "new regulatory regime" to address the issue. Currently, some states require certificates of analysis for legal marijuana products, but no such requirements exist for hemp-derived delta-8 and delta-9 products in most areas.

"We're in a regulatory grey area," said Jonathan Miller, general counsel of the U.S. Hemp Roundtable. "Many companies are committed to safe practices, but without federal oversight, bad actors can easily slip through the cracks."

The Risk to Consumers

The lack of regulation has led to a surge in poison control calls related to delta-8, particularly involving young children who accidentally consume the products. The Alabama Poison Information Center reported a rise in such calls, with some cases requiring intensive medical care.

"These products often look like candy," said Jessica Pescatore, clinical director at the Alabama Poison Information Center. "A child who eats several gummies could end up in the ICU."

With little assurance of product safety, consumers are left relying on shopkeepers for dosage advice – advice that often amounts to guesswork. "It's all experimental," said Guy. "We're seeing the consequences play out in real time."

Moving Forward

As Alabama and other states grapple with the rise of delta-8 and delta-9 products, the call for regulation grows louder. Until federal guidelines are established, consumers should approach these products with caution. "There’s no guarantee of safety," warned neuroscientist Adie Rae Wilson Poe. "Without proper oversight, the risks far outweigh the benefits."