414 – Is Delta-8 THC a Dietary Supplement?

Compare and contrast CBD and Delta-8 THC

Delta-8 THC

In this interview, Dr. Douglas Kalman discusses some of the legal and regulatory issues regarding Delta-8 THC. He will contrast the differences between CBD and Delta-8 THC derived from hemp. Is it legal on a federal and or state level? It does seem that FDA is beginning to take some action towards Delta-8 THC.

Many people think that anything derived from hemp is now legal because of the 2018 farm bill. Dr. Kalman discusses the distinctions and what consumers need to know. It seems confusing because many make assumptions that are not necessarily true.

Many assume that that CBD and Delta-8 THC must be legal because they are being sold seemingly everywhere. If they were not legal, then why would FDA continue to allow the products to be sold. This apparent lack of enforcement is thought to mean, they must be legal.

What is Delta-8 THC?

Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD). 

It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets. 

5 Things to Know about Delta-8 from FDA

“Here are 5 things you should know about delta-8 THC to keep you and those you care for safe from products that may pose serious health risks: 

  • 1. Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk.
  • 2. The FDA has received adverse event reports involving delta-8 THC-containing products. Adverse events included, but were not limited to: hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness.
  • 3. Delta-8 THC has psychoactive and intoxicating effects.
  • 4. Delta-8 THC products often involve use of potentially harmful chemicals to create the concentrations of delta-8 THC claimed in the marketplace. 
  • 5. Delta-8 THC products should be kept out of the reach of children and pets.” End of FDA excerpt.

Delta-8 THC is increasingly being banned or regulated under state marijuana laws. DEA considers delta-8 to be a synthetic analog of THC and therefore is still a controlled substance. CLICK HERE for a good article that discusses this issue and where delta-8 is legal, banned or not regulated.

Be aware that there is no oversight of delta-8 products. It is not regulated as a legal substance. There are numerous significant issues included safety, efficacy, potency, purity and so on. No one is looking out for these concerns. You are on your own. Delta-8 is not a nutritional supplement. Delta-8 should not be confused with CBD.

Douglas S. Kalman PhD, RD, FACN –

Dr. Kalman is the Senior Vice President of Scientific and Regulatory Affairs for The Natural Products Association (NPA). The NPA is the oldest and longest standing association serving the natural products industry inside Washington DC and State Capitols around the United States. Prior to joining The NPA, Dr. Kalman was the VP of Scientific Affairs for Nutrasource, a nutrition-centric Contract Research & Service Organization. In addition, Dr. Kalman is currently Faculty at the Dr. Kiran C. Patel College of Osteopathic Medicine at Nova Southeastern University. Historically, Dr. Kalman has been involved in over 250 clinical trials and projects within the pharmaceutical, medical and exercise – nutrition fields. He has published over 80 abstracts and more than 60 peer-reviewed manuscripts. He is also a Co-Editor of one journal (JISSN) and on the Editorial Board of three Scientific Journals.

Dr. Kalman received his undergraduate degree from Florida State University, Master’s Degree from Hunter College – City University of New York and Doctorate in exercise and nutritional biochemistry (Health Research) from Touro University International. He is an Active Member and or Spokesperson with many organizations (ISSN, NSCA, APS, ACSM, etc.) and a co-founder of The International Society of Sports Nutrition ( www.theissn.org ). He has worked with Olympic Athlete’s (Nagano, Japan, Salt Lake City, UT, Torino, Italy, London, England, Rio de Janiero, Brazil and in the recent Tokyo, Japan 2020 Olympics) for Winter and Summer sports. In addition, Dr. Kalman works with and has worked with professional athletes (i.e., USTA, WTT, MLB, NFL, NBA, UFC/Bellator/ONE Championship), musicians and musical groups, collegiate athletes and teams as well as Nike’s Elite Distance Racing Team (Oregon Project). Dr. Kalman has edited four academic textbooks, contributed to more than five academic textbooks as well as two “popular press” books. He has been interviewed on various media outlets such as NBC, MSNBC, CBS Evening News, CNN, Discovery Channel plus others along with a host of radio shows.

Dr. Kalman is currently an Adjunct Assistant Professor in the Dr. Kiran C. Patel College of Osteopathic Medicine at Nova Southeastern University (NSU), while also holding appointments in the College of Psychology and the College of Healthcare Sciences. He has been a Sports Nutritionist for DI – Florida International University (FIU 2010 – 2018). He has been the Nutrition Program Consultant for IMG Academies in Bradenton, Florida and the Team Nutritionist for Coral Springs Aquatic Center while being a nutrition consultant to the United States Tennis Association – Player Development Program (USTA). He has taught at New York University, C.W. Post-Long Island University and Florida Atlantic University.

National Products Association (NPA)

CLICK HERE for all NPA interviews

The NPA is the leading trade association for dietary supplements, natural health & sports nutrition, medical & functional foods, probiotics, and natural personal/home care products.

Founded in 1936, the Natural Products Association is the nation’s largest and oldest nonprofit organization dedicated to the natural products industry. NPA represents over 700 members accounting for more than 10,000 retail, manufacturing, wholesale, and distribution locations of natural products, including foods, dietary supplements, and health/beauty aids. NPA unites a diverse membership, from the smallest health food store to the largest dietary supplement manufacturer.

NPA is recognized for its strong lobbying presence in Washington, D.C., where it serves as the industry watchdog on regulatory and legislative issues. In 1994, NPA played a key role in the passage of the Dietary Supplement Health and Education Act (DSHEA). This important legislation strikes a balance between the need for consumers to have access to and information about safe and effective dietary supplements while also preserving the government’s interest in protecting the public from unsafe products and false and misleading claims.

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