BILOXI, Miss. — As lawmakers continue their efforts to legalize marijuana in Mississippi, the South Mississippi Metro Enforcement Team has reported that some businesses are already selling Delta-8 THC cannabinoid products, leaving law enforcement with limited options for intervention.
Understanding Delta-8 THC
Delta-8 THC is a natural cannabinoid compound found in marijuana. It shares a structural similarity with delta-9 THC, commonly just referred to as “THC,” but is differentiated by a double bond located at the eighth position on its carbon chain, in contrast to delta-9 THC, which has it at the ninth position. Delta-8 THC functions similarly in the human body to delta-9 THC, producing psychoactive effects.
Most Delta-8 THC is sourced from hemp rather than cannabis, a factor that has allowed its sale in numerous states where cannabis remains illegal. The FDA has indicated that Delta-8 THC possesses psychoactive and intoxicating effects akin to those of delta-9 THC, the compound responsible for the characteristic “high” experienced from cannabis use.
Legal Loopholes in Mississippi
Though Delta-8 THC is illegal in Mississippi, certain conditions complicate enforcement. Veteran narcotics officer Joe Nicholson noted that many vape shops are selling Delta-8 THC in small vape pens.
“So what we’re seeing being sold in these vape shops is Delta 8,” Nicholson explained. “It’s a strain of marijuana. Delta 8 is illegal in Mississippi. However, the vape pen itself is less than a milliliter, and the law defines a dosage unit as a milliliter or more.”
This technicality prevents law enforcement from charging vape shop owners, as Mississippi Code 41-29-139 mandates the presence of a dosage unit for legal action. Nicholson stated, “If you don’t have a dosage unit, you can’t charge them. The crime lab won’t test it.”
Concerns and Implications
Nicholson believes the primary motivation behind the sale of Delta-8 THC is financial gain. “This is all profit-driven,” he stated, emphasizing that the lack of regulation raises concerns about who is obtaining these products and their potential safety. “The only thing that we can ask them is if they know it’s illegal.”
Law enforcement is constrained by existing laws, and Nicholson noted that resolving these issues will require action from the legislature to prevent illegal substances from being sold over the counter.
The FDA has expressed caution about Delta-8 THC products, indicating that they have not undergone evaluation or approval for safe use and may pose risks to public health.
