Is Delta THC Legal in Oregon?

Oregon Delta-8 THC Overview >
Oregon Delta-9 THC Overview >

What is Delta THC?

Delta THC includes multiple compounds of similar chemical structures found in marijuana and hemp plants or synthesized from other cannabinoids. The most prominent Delta THC isomers are Delta-9, Delta 8, and Delta-10. Other Delta THC isomers, including THC-O, THC-P, THCM, THCV, HHC, HHC-O, THCh, Delta-6, and Delta-11, are also available.




Cannabis plants contain two distinct compounds, Cannabidiol (CBD) and THC, that interact with different receptors in the brain. Both CBD and THC have the same chemical composition, with 21 carbon atoms, 30 hydrogen atoms, and 2 oxygen atoms. However, their molecular arrangements differ, leading the body to respond to them in different ways.

THC has psychoactive properties and can alter mood, perception, and mental processes, producing the characteristic "high" associated with marijuana use. On the other hand, CBD is non-psychoactive and does not produce a "high" but may have some side effects, such as inducing relaxation. CBD has anti-inflammatory, antiepileptic, and antipsychotic effects. CBD is not a recreational drug and is not used for such purposes, unlike THC, which can lead to altered sensory perception, changes in mood, impaired memory and cognition, and hallucinations or psychosis.

After consuming THC, some drug tests can detect THC metabolites in the system for up to a few months after use. Drug tests are usually designed to detect THC and its breakdown products. Hence, CBD is not usually detected in drug tests, but some CBD products may contain trace amounts of THC, leading to a positive result on a drug test.

What is Delta-8 THC?

Delta-8 THC, a psychoactive substance, has recently gained more attention due to its unique properties. It is found in minimal quantities in cannabis plants, unlike the more common Delta 9 THC. Like other cannabinoids, Delta-8 interacts with the body's endocannabinoid system (ECS) and binds to cannabinoid receptors found in the nervous system, producing various therapeutic effects. Delta 8 can be consumed in several ways: smoking, vaping, tinctures, distillates, edibles, and infused THC beverages.

Delta 8 has potential therapeutic benefits, including:

  • Relaxation
  • Pain relief
  • Relief from nausea
  • Reducing anxiety
  • Protecting the central nervous system from damage and injury
  • Stimulating appetite

The research on Delta-8 is currently limited, and its potential risks are yet not fully known. However, Delta-8 is suggested to have fewer adverse effects than the more potent Delta-9 THC. These side effects include:

  • Fatigue
  • Red eyes
  • Dry mouth
  • Difficulty concentrating
  • Altered sensory perception
  • Short-term memory loss

Note that a drug test can detect Delta-8 THC. However, the length of time that Delta 8-THC remains in the body is determined by different factors, including the mode of administration, the frequency of use, and some individual factors. Depending on these conditions, Delta-8 THC can be detected in urine, blood, and saliva for a few days to several weeks after use. Delta-8 THC may be detectable in hair follicles for up to 90 days following use.

Is Delta-8 THC Legal in Oregon?

Delta-8 THC and Delta-8 THC products are illegal in Oregon. While the 2018 Farm Bill legalized Delta-8 THC by permitting the sale and use of hemp-derived products with no more than 0.3% Delta-9 THC, Oregon banned all artificially derived cannabinoids via HB 3000. The rule was issued in spite of a federal judgment issued in May 2022, which concluded that the 2018 United States Farm Bill allows and legally protects the manufacture of hemp-derived cannabinoids.

Oregon defined an artificially derived cannabinoid as a chemical substance created through a chemical reaction changing the molecular structure of any chemical substance obtained from the Cannabis family Cannabaceae. Delta 8 falls under the scope of this definition since it is not extracted directly from hemp but is created by converting CBD into THC. Extracting naturally occurring compounds or cannabinoids in the cannabis plant remains legal as long as the State of Oregon licenses it. The Oregon Liquor and Cannabis Commission has allowed licensed marijuana dispensaries to sell Delta 8 edible products since July 2023 as long as such items have received GRAS approval (Generally Recognized as Safe) from the Food and Drug Administration (FDA).

What is Delta-9 THC?

Delta-9 tetrahydrocannabinol is the most abundant psychoactive constituent of cannabis and one of the over 100 cannabinoids identified in the plant. It is responsible for the intoxicating feeling experienced when consuming cannabis.

Delta-9 THC can stay in your system for different lengths of time depending on various factors, such as the frequency and amount of use, metabolism, and method of THC consumption. In general, it can be detectable in urine for up to 30 days or more after heavy use and in hair samples for up to 90 days or more. Blood tests and saliva tests usually have shorter detection windows.

While Delta-9 THC is generally considered safe for most people, it can produce side effects such as dry mouth, impaired coordination, impaired memory and concentration, red eyes, increased heart rate, and anxiety or paranoia in some individuals. It may also interact with other medications or health conditions, so caution is advised, especially for persons with a history of mental health issues or heart problems. Delta-9 THC use is also not recommended for pregnant or breastfeeding women.

Is Delta-9 THC Legal in Oregon?

Marijuana-derived Delta-9 THC is legal in Oregon under the provisions of the Oregon Medical Marijuana Act and the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act. The former Act legalized marijuana-derived Delta-9 THC use for patients registered with the Oregon Medical Marijuana Program (OMMP), while the latter Act legalized marijuana-derived Delta 9 use for adults aged 21 and older.

Hemp-derived Delta-9 products containing less than 0.5 milligrams of Delta-9 THC are permitted. However, products containing more than 0.5 milligrams of Delta-9 THC are classified as Adult Use Cannabinoids and may only be sold to persons aged 21 or older at licensed marijuana dispensaries.

What is Delta-10 THC?

Delta-10 is one of the numerous cannabinoids that exist in hemp and cannabis plants. Unlike Delta-9, which occurs abundantly in marijuana, Delta 10 only occurs in trace quantities in hemp. Like other THC-based compounds, Delta-10 THC interacts with the body's endocannabinoid system and can help reduce stress and anxiety. Delta 10 also provides uplifting effects and promotes alertness and productivity.

Delta-10 THC will show up on a drug test as most tests only test for THC metabolites and are unable to differentiate between Delta THC isomers. If you undergo a drug test 1-2 weeks after consuming Delta-10 THC products, the result may return positive.

Is Delta-10 THC Legal in Oregon?

Although Delta-10 is federally legal, the compound is banned in Oregon. While the compound Delta is not explicitly mentioned in HB 3000, the law prohibits the sale, use, and production of all artificially derived cannabinoids. Since Delta 10 only occurs in trace amounts in hemp plants and is hence typically obtained synthetically, the Oregon ban applies to the THC compound.

Per a statement released by the Oregon Liquor and Cannabis Commission (OLCC), the sales of artificially derived cannabinoid products are restricted over concerns about the chemicals used in making them.

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