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New York dispensary owners are collaborating for a better future

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This coalition of legacy operators is united and ready to thrive in New York’s legal market.


It’s been almost four years since cannabis was legalized for all adults in New York—and two years since the state’s first adult-use store opened. But many of New York’s first licensed dispensary owners are still fighting for a fair shake on the legal market.

To balance the odds, Flower City Dispensary owners Britni and Jayson Tantalo unified the New York Retail Cannabis Association (NYCRA). The NYCRA comprises hundreds of dispensary owners determined to make the most of New York’s historic licensing program. In 2021, the state’s MRTA law put those most impacted by cannabis prohibition first in line for dispensary licenses. But the road to opening has been full of unforeseen challenges.

NYCRA leaders Jayson Tantalo(left), Britni Tantalo(center) and Coss Marte (right) are demanding new regulations and protections for New York dispensary operators.
NYCRA leaders Jayson Tantalo (left), Britni Tantalo (center) and Coss Marte (right) are demanding better regulations and protections for New York dispensary operators. (courtesy of NYCRA)

“The sad truth is that there are only a few operators that were lucky to find success and are profitable so far. A few are just breaking even, and a large share are still at the starting point from over two years ago. It has placed a major boulder on all of our backs and our families.”

Britni Tantalo, Flower City Dispensary owner, Co-Founder & President of New York Cannabis Retail Association

NYCRA co-founder and president Britni Tantalo told Leafly that “stringent marketing and packaging regulations, limited indoor cultivation and canopy capacity, and the early entry of large out of state companies to the market put a burden on local operators.” NYCRA leaders believe the current regulations are stopping locally-owned dispensaries from growing into sustainable businesses.

This year, NYCRA and Leafly partnered to help New York dispensaries navigate the many challenges facing the new legal market. Keep reading to see how we’re helping New York dispensaries bounce back, and reach out to NYCRA to learn more about joining their community of cannabis operators.


The challenges of opening New York’s first adult-use dispensaries

NYCRA leaders advocate for a fair shake from the state.
“When you care about people, you will show up for them, you will fight for them and you will do everything in your power to protect them. It’s just that simple!” Britni Tantalo (far right), owner of Flower City Dispensary and co-founder and president of the New York Retail Cannabis Association. (courtesy of NYCRA)

Of the 463 licenses granted in the first round so far, only 227 are open for business. Another 1,400 or so license applicants are waiting for the state’s approval to open—but it could take until 2026 for all of them to be reviewed.

Many applicants had to secure and pay for their store’s property before receiving their license. That means some have been paying rent on commercial spaces for months without any assurances on when they’d be approved to open, if at all.

The Tantalos waited two years for approval to open Flower City before getting the green light. To make matters worse, they watched unlicensed shops spread like wildfire while they paid rent for a legal shop they couldn’t operate.

“We had to borrow against our homes, borrow from family and friends and/or downsize operations [just] to open a location. It placed everyone in a position of financial constraint and therefore mental and emotional instability.”

Britni Tantalo, Flower City Dispensary

To weather the storm, members of the New York Cannabis Retail Association embrace a philosophy of collaboration over competition.

NYCRA Vice President Jayson Tantalo explains, “We share valuable resources such as business plans, SOPs, along with just emotional support, which have proven essential for licensed operators who may not know where to start.”

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Here’s why hundreds of NY dispensary openings have been delayed

House of Hibernica dispensary outside
After a year of paying for a storefront they couldn’t open, House of Hibernica opened in April and has grown fast in 2024. They’re no offering deliveries to all of the Bronx. (House of Hibernica)

In the Bronx, the House of Hibernica endured multiple delays before finally being cleared to open this April. “It was a whole year from when we applied for the license, to opening,” said Hibernica co-owner Bojan Trpcevski. “We had to have a store so we could apply. Then the injunction happened in 2022. So we were paying rent for a year,” Trpcevski said.

In November 2022, a judge blocked hundreds of stores from opening for six months as part of a controversial injunction. The lawsuit that caused the injunction was filed by an out of state resident who said the program’s social equity requirements violated the US constitution.

Just as the first applicants were being approved to open in 2022, multipleinjunctions placed the rollout in jeopardy. Dispensary owners were on the hook for real estate, operations costs, and private investments. Delays compounded as the state’s resources and attention went to the court case. When the first injunctions finally began to lift in May 2023, the plaintiff in one case received a license as part of a settlement agreement. By then, many owners were already 6 months behind their business projections.

Then, this October, a group of unlicensed dispensaries that were shut down for allegedly selling cannabis without a license also took the state to court, and won. They claimed they were put out of business without receiving due process as part of Mayor Eric Adams’ Operation Padlock, which has reportedly padlocked over 1,000 unlicensed shops since kicking off this spring. Last month, a judge ruled that the operation “stands against the cornerstone of American democracy and procedural due process.” The ruling could encourage unlicensed shops to re-open, adding uncertainty for operators as newly-approved stores open almost daily.

Operators like Budega’s Alex Norman have had no time to place their dreams on hold. “I started my brand three years ago in anticipation of an opportunity like this,” Norman told Leafly days after the injunction came down. “But I’m not gonna say it’s gonna stop me.” Over a year after the injunction and still not open, Norman remains dedicated to seeing things through with Budega after decades in the legacy market.

House of Hibernica’s team said they had no idea it would be this difficult when they started the process of applying. “We thought it would be similar to the restaurant business,” Trpcevski said, “because we opened a few before. We didn’t expect that we were going to wait so long, and that every small thing is going to stop the whole process.”

How much is a New York dispensary license worth?

Housing Works board member and owner of Brooklyn Legends Dispensary. (Calvin Stovall / Leafly)
Housing Works board member and owner of Brooklyn Legends Dispensary shows off one of New York’s first legal cannabis purchases: Pre-roll Minis by Lobo— which are still top sellers across the state nearly two years after debuting. (Calvin Stovall / Leafly)

The unforeseen delays have some license holders thinking about selling equity, or their entire license to the highest bidder. “The valuation is running from $600,000 to $800,000,” according to Daron Hudson, owner of Brooklyn Legends Dispensary, which is licensed and waiting to open. “If you have a location secured, it’s going up to $2,000,000,” Hudson told Leafly this fall.

Hudson is also a board member at Housing Works, New York’s first retail dispensary, which opened in December 2022. But opening his own store has proven much more difficult than getting the well-known nonprofit off the ground.

To help with start-up costs, the state originally promised owners a private equity fund to support store build outs. But the fund failed to launch.

“The access to capital and other resources that were promised to all of us CAURD applicants was simply not there. When you are promised a turnkey dispensary with low interest rates and access to grants from your state regulators, you don’t plan to obtain these things for yourself. When we realized that the promises were not going to be fulfilled anytime soon, if at all, we had no choice but to pivot. Most of us could not find investors because investor confidence was low due to the failed rollout.”

Britni Tantalo, Flower City Dispensary

Now, a new loan fund may provide some relief. But Hudson and other owners have already begun vetting investors who can help them get opened. And they’re finding that these new potential partners have far more leverage than the state’s regulations intended.

“I was part of the Housing Works license, I was the justice involved individual that helped get them the license. But now as an applicant myself, it hasn’t been an easy road. There’s no funding whatsoever. If you don’t have money in a shoe box somewhere, you’re left at the mercy of investors. And they’re bringing you these astronomical terms that are bleeding you out. There’s a sense of urgency to get the doors open. But I have to find somebody that I can trust to do business with for the next ten years.”

Daron Hudson, owner Brooklyn Legends Dispensary

How NYCRA and Leafly are helping New York dispensaries thrive

Leafly is proud to help bring New York dispensary owners new legal customers from across the state. Jayson Tantalo said dispensaries need help creating “brand recognition and demonstrating what legal cannabis looks like here in New York.” That’s why we’re leaning into content and activations that represent the very best of New York cannabis.

Our content partnerships with stores like Good Grades and Trends use the power of Leafly’s strain and product database to help keep shoppers informed about what they’re buying. In-person activations around the state are also helping first-time legal shoppers discover the top dispensaries and cultivators in their area. With the both the state, and federal laws, limiting the ways dispensaries and cannabis brands can advertise, every new customers counts.

“Partnering with Leafly brings tremendous value to our organization. Advertising and marketing are extremely difficult to navigate and complex to understand. By providing this platform to our members. With almost 20 years of experience in search engine optimization, I understand the challenges involved in effectively advertising. The terms being offered by Leafly to our members are particularly valuable because they make customers more accessible.”

Jayson Tantalo, Vice President of NYCRA and co-owner of Flower City Dispensary

Leafly and NYCRA also work closely with store operators to analyze data that improves their performance. We’re going the extra mile to make the cannabis industry accessible for all – including those negatively impacted by the failed war on drugs.

“I had Leafly before the legal industry even started,” said Hudson. “It was for the strains. Back in the legacy era, if somebody was selling me cannabis and said this is purple something, I’d go see what purple is on Leafly.”

Leafly stands with New York dispensaries

Since 2010, Leafly has provided cannabis patients, users, growers, advocates, and researchers with groundbreaking data that’s helped normalize the plant in 38 legal states and over 40 counties. With New York City consuming more cannabis than any other city in the world, the state’s new legal market presents an enormous opportunity for residents and visitors to safely and responsibly support local growers and sellers.

Now let’s get to work!

Click here to find your closest New York legal dispensaries on Leafly.





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LA’s cannabis community steps up for wildfire relief

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Growing up in the Palisades neighborhood of Los Angeles, Emmett Reiner and Jackson Wootton knew they wanted to innovate. They had a nearly-daily standing appointment at their favorite taco truck where they talked about the future, and how they’d grow their nascent cannabis business, Uava Labs, after graduating from Colorado University Boulder this spring.

On January 10, they’d just officially launched their vape pen device weeks earlier, and were soaking up some sun at the beach last week before their return to a snowy Colorado winter. Then they saw the smoke.    

Courtesy Emmett Reiner +Jackson Wootton

“We were just like, ‘Oh, there’s another California wildfire,’” says Reiner. But it wasn’t. “I turn around and it was just smoke everywhere. We’re on the beach and I hear this plane come, diving down, like, right in front. I used to volunteer for the fire department. I was like, ‘Oh, that is not good Jackson.’”

Reiner had been an Eagle Scout and a volunteer firefighter with the LAFD. He called his dad, drove home, and packed a go bag; Jackson did the same. They didn’t pack much, assuming they’d get to return to their homes the next day; Californians are no strangers to wildfires. They never anticipated that they’d never get to go back. 

They never anticipated that they’d never get to go back. 

With their parents and grandparents evacuated, Wootton and Reiner stayed with a friend who lived in a safe zone. They slept fitfully that first night; Reiner was covered in soot. The next morning they woke in a panic—hundreds of units of their pens were still at Wootton’s house. 

“We don’t have the money to replace that. We’re college kids,” says Reiner. “Our last three years are wasted if we don’t get back in there.”

They got in the car and went back into the fray, claiming they were with the media to get past the police blockade. Palisades High, Reiner’s school, was gone; the village center was gone; car wheels had melted into the ground. The Uava batteries, blessedly, were unharmed. They threw them in the car and drove out of the danger zone. 

“Just driving around, it was like the end of the world. It was like a war zone.”

Jackson Wootton

As of writing, the two largest wildfires, Palisades and Eaton, have collectively burned nearly 38,000 acres—that’s over two Manhattans, or over 28,000 football fields. Thousands have lost their homes, cannot return to their jobs, or have evacuated away from their communities and ways of life. The fires are still far from full containment, and many of the over 150,000 displaced residents have no home to return to. It’s in times like these that communities come together, and no one knows that better than cannabis people. 

America’s cannabis capital activates to help

Los Angeles is the entertainment capital of the country, but it’s also the unofficial cannabis capital of California, with over 1,400 licensed dispensaries, cultivators, processors, and ancillary businesses. Already, many have jumped to help their neighbors, customers, and employees with PPE, clothing, food, water, and cash. 

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This desire often comes from cannabis operators who’ve been victims of previous wildfires. As soon as George Sadler heard about the fires in Los Angeles, he sprung into action from his home in San Diego. Sadler knew the stakes—in 2012, he lost everything in the Potrero wildfire. His house, his crop, his sense of security. 

“I lost every single thing that I owned. So I know what this whole thing is like,” he says. “You think it’s just a fire. We’re at the tail end of what’s going on, but that’s just the flames. That’s not what this is leaving.”

For the last week, Sadler, who founded his cannabis company Gelato Canna Co in 2022, has been driving up supplies and cases of his water brand Gelato water to impacted neighborhoods. He estimates he’s sent over 120,000 cans to donation spots, first responders, and animal shelters.

Water is essential to human survival, and so is cash. Embarc dispensary started a Gofundme with a starting pledge of $16,000; in five days they’re only a few thousand short of their $60,000 goal. 

The Artist Tree, which operates four dispensaries in the Los Angeles area, has launched a donation match website with a pledge of $25,000 for the California Community Foundation’s Wildfire Recovery Fund, which works directly with the most vulnerable communities across Los Angeles. They are also accepting donations for their local YMCA location in Koreatown. At the end of the month, they plan to host a fundraiser concert. 

Lauren Fontein, one of The Artist Tree co-founders, knows how important aid can be to struggling communities from how hard it is to run a cannabis business in the best of times.

“Insurance [premiums are] going to be big. We already have to pay very high insurance rates as a cannabis business in general. The rates go up every year anyway, but I can only imagine what’s going to happen in the aftermath of these fires. People have already been struggling with a lot of other issues.”

Fires not only destabilize people’s health, homes, and jobs, but also their sense of culture. Rapper and Los Angeles native B-Real has been speaking about the fires and resources for those impacted on his podcast, BREALTV, daily. His dispensary chain, Dr Greenthumb’s, is accepting and distributing donations at their West LA location. Dr Greenthumb’s CMO Kim Barker says they’ve helped their own employees as they apply for FEMA, and have made multiple trips to COSTCO for supplies. 

“When you leave with just the clothes on your back, you know, like, oh, wow, six new pairs of socks. One thing I don’t have to think about,” she says. “We want to have relationships with the businesses around us, and we want to have relationships with the people. Because we want to be that good neighbor.”

Verified aid resource to donate to

Unfortunately, not everyone wants to be a good neighbor. Not every fundraiser has good intentions. The list of resources below come directly from organizations and have been verified. We will update this document with additional information as it arises. 

Resources

Mutual Aid LA’s Fire & Wind Storm resources spreadsheet

Red Cross shelters

Housing and tenant information

Transitional Sheltering Assistance through FEMA

Find a FEMA Disaster Recovery Shelter

Care Camps for youth recreation:

Teladoc virtual medical care

California Department of Insurance wildfire resources

Free childcare, wifi, and showers at YMCA locations

Funds and loans

Apply for a SAVE card from the California Fire Foundation ($250)

Home, business and economic injury disaster loans

FEMA application and assistance with your application 

LA County recovery centers

Grants from the Department of Social Services

Where to donate

Direct Relief

Gofundme’s LA donation hub 

Embarc’s United Cannabis Community Gofundme

LA Regional Food Bank

The Artist Tree’s Wildfire Fund

California Community Foundation Wildfire Fund

National Voluntary Organizations Active in Disaster

Los Angeles Food Pantries

Vouchers

Hotel vouchers through LA 211, Hilton, and American Express

Hotel offers in San Diego

Uber users can use code WILDFIRE25 to get a $40 credit to a shelter within Los Angeles county.

Airbnb temporary housing

Cannabis relief and resources

Disaster Relief from the Department of Cannabis Control

California State of Emergency Tax Relief


You can use the comments to add more relief links below.



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This Legacy-era rebel is taking Nuna Harvest to the moon

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In just a few months, Nuna Harvest has built one of the best teams in New York cannabis. Owner and legacy-operator Howie Rondinone recently told Leafly how he did it.

New York has always been a city of characters, with every industry from tech to fashion to cannabis full of people with lives that seem to play out like movies. Or, if you’re Nuna Harvest owner Howie Rondinone, your life has been a tv show. More specifically, a mix of Showtime’s Shameless and FX’s Sons of Anarchy.

“I was a latch key kid. I didn’t have a curfew. A lot of weapons in my (childhood) house, a lot of drugs, a lot of bikers, a lot of hippies…gritty but glamorous.”

Howard Rondinone, owner Nuna Harvest dispensary

Howie was born and raised in the Bronx by a German American mother, a hippie “rebel”, and an “outlaw biker” father for whom it was routine to drive his chopper up the six-floor walkup to their  apartment and leave it on the fire escape every night. He jokes that he attended all three Woodstock concerts, since his mother went while pregnant with him. It seemed predestined that he would work in the world of weed—legacy, legal, and all things in between. 

“My mother saw that I was interested in growing, so she start[ed] teaching me how to grow. Meanwhile, my dad’s got all these illegal grows, and he was importing from Jamaica and Columbia. I’m being nurtured into the retail side of it with my old man. He’s explaining to me how the importation works. And then I’m going with my mom, learning the actual plant. So that was sort of where I started.”

Howard Rondinone, owner Nuna Harvest dispensary

Howie learned the sensibilities needed to navigate a covert business in New York City in the ‘80s, and started dealing cannabis he got from his father at 12 to kids at school, scaling his way up. It was a period ripe for graffiti culture, and weed was an easy way to enter more and more subcultures.

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Despite his extracurricular activities, Howie was a good student, but he was admittedly, “always a money grubber.” As was en vogue at the time, he fell in with the Grateful Dead and Deadhead crowd, following them on tour and providing his services. It was through his mentor that he got an up-close look at importing cannabis from Jamaica, flattening pounds down into the heels of shoes to bring it into Florida. 

“From ‘91 to ‘99 I imported cannabis from Jamaica. I started with the shoes. I went all the way up to luggage, shipments of coffee, all kinds of importation. I seen people die. I almost got killed. We all went to jail.” 

Howard Rondinone, owner Nuna Harvest dispensary

Again, he doesn’t say any of this with gravitas. C’est la vie, right?

The ‘90s for Howie had three major arcs: running his international cannabis business, reconnecting with his high school girlfriend who’d become his wife and mother of his son Peter, and his cannabis arrests. First in Florida, then in New York; after Howie did his time, he did his best to enter civilian life. He got a normal, W-2 kind of job, and started a community little league for other Bronx children to keep them from following in his path, or worse. But all the while, he was still running his weed side-hustle. Never did he think he’d be able to put his best skills to work on the other side of the law.

It doesn’t look like an Apple store or a med spa. Howie himself has adorned the walls with his artwork, blending portraits of iconic figures like Snoop Dogg with the art style of Keith Harring. There’s an entire hallway dedicated to artwork that Howie and general manager Sherri McGee hope to source from local artists. He’s also the buyer, ensuring that his inventory reflects quality and appeals to the vast spectrum of characters.

Howie’s managerial style comes from his time in the legacy market. Most of his team also hail from the Bronx; some he coached in little league all those years ago. Next year, they hope to build out a lounge and open the space for consumption. But for now, it’s about running Nuna the same way he ran his previous empire.

“I want it to be like a big, warm hug when you walk in. If I could put couches all over the place and let you sit here all day, I would.”

Howard Rondinone, owner Nuna Harvest dispensary



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What Is Delta 8? Delta-8 Ultimate Guide

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Delta-8 THC, generally made from hemp, falls under a legal gray area and can carry some health risks if you are not careful.

Here is what you need to know about delta-8 THC.

What Is Delta 8 THC?

Delta-8 THC is a mildly intoxicating cannabinoid found in trace amounts in hemp and cannabis.

Delta-8 THC works similarly to delta-9 THC, the primary intoxicating compound in the cannabis plant. The difference in chemical structure between delta-8 THC and delta-9 THC is the cause of their difference in potency.

The majority of delta-8 products are made from hemp, which is legal to grow in the US. Generally, processors extract CBD isolate from hemp and then synthesize it into delta-8.

An acid reagent is used to trigger a chemical reaction in the CBD isolate. The extract is then neutralized with an alkaline material. Delta-9 THC is purged from the extract leaving behind a pure delta-8 product.

Delta-8 THC Effects

What is delta 8 like as far as the effects? Similar to delta-9 THC, delta-8 THC can produce euphoric and relaxing effects.

Delta-8 THC’s subdued effects can provide mild relief for minor aches and pains. It does not produce an intense high like delta-9 THC. Still, research on delta-8’s effects, benefits, and risks is still in its infancy.

Delta-8 Side Effects

Delta-8 THC’s side effects are similar to delta-9 THC’s side effects. Common side effects include:

  • Dry and red eyes
  • Dry mouth
  • Slow or fast heart rate
  • Low blood pressure
  • Delayed reaction times
  • Confusion
  • Anxiety
  • Paranoia
  • Drowsiness
  • Short term memory loss
  • Motor control problems

Apart from its common and mild side effects, delta-8’s manufacturing process using hemp-derived CBD may produce harmful byproducts in the final product, especially if it is not tested by an independent lab for purity and potency.

In some cases, untested delta-8 products can contain delta-9 and delta-10 THC compounds. Research on delta-10 THC is also limited.

While these THC derivatives may not cause adverse side effects, there still may be harmful byproducts that can be unsafe to consume.

Does Delta-8 THC Produce a High?

Delta-8 THC has a similar but different chemical structure as the highly intoxicating delta-9 THC compound. While delta-8 THC can produce a high, it is much milder than a high from delta-9 THC.

Is Delta 8 THC Legal?

A majority of delta-8 products are made from hemp-derived CBD. The 2018 Farm Bill legalized the production of industrial hemp products.

Hemp products with less than 0.3% THC are legal now, but the bill does not address delta-8. As a result, many hemp producers use this loophole to sell delta-8 products across the country.

Delta-8 is now one of the fastest-growing products in the hemp market. Due to the unregulated nature of the market, many in the industry are worried about potential impurities and lack of testing in the production of delta-8 THC.

Due to these concerns, many states, including Colorado and New York, have banned the use of Delta-8 THC.

Delta-8 THC vs. Delta-9 THC: What Is the Difference?

what is delta 8

Delta-8 THC and delta 9 THC both produce intoxicating effects, although delta-8 THC’s high is much more subtle than delta-9 THC’s high.

In terms of their chemical structure, both compounds have double bonds and a chain of carbon atoms. Delta-8 THC has its double bonds on the eighth carbon atom, while delta-9 has it on the ninth carbon.

Benefits of Delta 8

Due to the novelty of the compound and the trace amounts found in cannabis, there is not too much research on delta-8 THC.

Much of its medical uses have been anecdotal reports on social media posts, forums, blog posts, and more. What medical uses are delta8 used for?

 Users have reported using delta-8 for the following:

  • Depression
  • Nausea
  • Loss of appetite
  • Pain
  • Insomnia
  • Side effects of cancer treatment

The benefits of delta 8 THC, is sometimes believed to be a compromise between CBD and delta 9 THC.

In a manner analogous to that of Delta 9 THC and CBD, it binds to the CB1 and CB2 receptors, so making a contribution to the control of homeostasis inside the body.

Because of the diminished potency of its effects, it is a more prudent choice for people who wish to steer clear of the anxiety and paranoia that are occasionally brought on by Delta 9 THC.

It is possible that it is more efficient than Delta 9 THC in stimulating appetite, as some research suggest that its effect on appetite could be twice as great.

While delta-8 THC has seemingly worked for many users, the limited research does not fully support these claims. For this reason, we recommend users take caution when buying and using delta-8 products. Many of these products may not be safe to use.

Delta-8 Safety

There is some controversy in the industry surrounding the sale and use of delta-8 THC products such as pre-rolled joints, tinctures, and vapes.

Since delta-8 THC production is not regulated properly, the synthetic production of delta-8 THC from hemp can create harmful compounds that can cause adverse side effects.

Where Are Delta-8 THC Products Sold?

Delta-8 THC products are available nearly everywhere nowadays from gas stations to convenience stores to dispensaries to online retailers.

Customers can buy a wide range of delta-8 products including edibles such as gummies and candies, tinctures, pre-rolled joints, beverages, and vape pens.

Keep in mind, delta-8 products vary in quality. We recommend doing as much research about the producer and their products.

Look up how they source their cannabis or hemp and their processing methods that make delta-8 THC. Always choose products that have been lab tested for harmful substances. Delta 8 thc products are being sold all over the US and sometimes by suspect retailers.

How Long Does Delta 8 Remain in The Body?

There are several factors affecting the elimination of delta 8 from the body.

They include:

  1. Metabolism. It’s the main factor that’s in charge of delta 8 elimination. If you have a fast metabolism, it won’t take long for delta 8 THC to leave your body.
  2. Body Weight. It’s another factor that plays a huge role, since fat cells can store delta 8 THC. The higher body weight you have, the longer delta 8 THC will retain in your system.
  3. Dosage. People taking high doses of delta 8 retain the compound in their system for longer, so it’s important to keep the dosage in mind.
  4. Frequency of Use. Besides the dosage, frequency of use also affects the retention of delta 8 THC. It can take longer for delta 8 to leave the body of a constant user than just a beginner.
  5. Method of Consumption. There’s a variety of delta 8 THC products, from capsules and edibles to topicals and vape cartridges. The inhalation of delta 8 THC, for instance, provides a faster elimination from the body compared to edibles.
  6. Certain Medications. It’s not recommended to use delta 8 THC with other medications since they can interact negatively, and they also affect the retention of delta 8 THC in the body.

In some people delta 8 THC can still be detected in the body after 30 days after consumption, and in others, delta 8 isn’t detectable after two days. So it’s important to consider the factors mentioned above.

Delta-8 THC vs. CBD: What’s the Difference?

delta 8 vs cbd chart

While they share many similarities in effects, it is vital to understand the critical differences in their legality, effects, and potency.

Processing

CBD is found in higher concentrations in the hemp plant. Cannabis plants can be bred to contain a higher percentage of CBD. However, most CBD products are made using hemp.

Hemp-derived extracts, topicals, and edibles are made using a CBD concentrate. CBD can be extracted using solvent-based and solventless extraction processes.

Delta-8 THC is usually made with the hemp plant and found in very small concentrations. Using a closed-loop extraction process, processors extract a CBD isolate from the plant material and use a synthetic process to convert the CBD isolate into the delta-8 cannabinoid.

Due to the lack of regulation on delta-8 products, there is a higher risk of products containing contaminants.

Legality

The 2018 Farm Bill legalized the industrial production of hemp plants that contain less than 0.3% delta-9 THC by dry weight. Cannabis products containing a THC percentage over this limit are a Schedule I substance that is federally illegal.

Under federal law, there is no explicit prohibition of delta-8 THC, which is a loophole used by producers and processors to “legally” sell delta-8 THC products in a legal gray area. As a result, many states have moved to restrict or ban delta-8 THC. At the moment, its legal status is unclear.

Delta 8 Effects

In terms of psychoactive effects, delta-8 THC and CBD affect the mind and mental state differently. For example, CBD does not cause an intoxicating effect. Delta-8 THC is known to produce a milder form of intoxication compared to its delta-9 THC analog.

In high doses, delta-8 THC can produce effects of overconsumption, especially for first-time or low-tolerance users.

Both CBD and delta-8 THC have been shown to provide pain relief, anxiety relief, anti-inflammatory effects, and cancer-inhibiting properties. Delta-8 may stimulate appetite, while CBD can suppress appetite.

Delta 8 Side Effects

Most people experience no side effects from CBD, although it can produce mild side effects such as dry mouth, lack of appetite, and sleepiness.

Delta-8 THC’s side effects include fatigue, reduced heart rate, and low blood pressure. Most adverse effects from delta-8 THC reported to poison control centers are due to accidental consumption of edibles.

Delta 8 Drug Testing

Most CBD products that have been lab-tested will not make you fail a drug test. However, when you eat a delta-8 THC edible, the cannabinoid is metabolized in the liver and converted into a THC metabolite detected by a urine drug test.

There is little risk for failing a drug test when delta-8 is inhaled or consumed sublingually or topically.

Delta 8 Laws in the United States

As many states restrict or outright ban delta-8 THC products, the Drug Enforcement Administration (DEA) has announced that Delta-8 THC is federally legal.

While many companies race to ramp up the production of delta-8 products across the country, industry experts warn that there may still be some compliance issues with the production of hemp-derived delta-8. Is delta8 legal? Not always.

DEA Maintains a Consistent Stance on Delta-8 THC

The DEA’s recent announcement on delta-8’s legality echoes a similar statement from a June 2021 virtual town hall hosted by the Florida Department of Agriculture and Consumer Services.

DEA Chief of Intergovernmental Affairs Sean Mitchell responded to a question about the legality of delta-8 THC.

Mitchell said, “what I want to say, and I’ll be very, very deliberate and clear, at this time—I repeat again, at this time—per the Farm Bill, the only thing that is a controlled substance is delta-9 THC greater than 0.3% based on a dry weight basis.”

States Restrict or Ban Delta-8

In light of unclear federal regulations on delta-8 and other hemp derivatives, many states have taken matters into their own hands. For example, they have passed rules to restrict or ban hemp-derived cannabinoids, including delta-8.

Regardless of how the DEA’s announcement is interpreted, whether you think delta-8 is legal or not, state regulations surrounding this cannabinoid are still in effect. The announcement does not overrule any delta-8 bans.

States began regulating the drug after the hemp-derived products market started to snowball. Currently, 19 states have restricted or banned the drug, with a handful of more states moving in the same direction.

FDA Warns Consumers About Delta-8 Products

In the meantime, the Food and Drug Administration (FDA), tasked with regulating cannabis-derived products, has warned customers about the possible adverse health effects of consuming contaminated delta-8 products.

To understand the cannabinoid better, the agency announced in October 2021 that it would use Reddit and other new data sources to learn more about how CBD and cannabis derivatives like delta-8 are being used.

According to their Cannabis-Derived Products Data Acceleration Plan, the agency “needs robust information about potential safety problems or adverse events associated with FDA regulated products, including [cannabis-derived products].”

The FDA plans to research these data sources for how the products are being used and consumer trends to protect consumers and regulate the relatively new industry.

U.S. Patent and Trademark Office Says Delta-8 Is Illegal

The United States Patent and Trademark Office (USPTO) has taken a firm stance on its trademark policy regarding delta-8 products.

So far, about 40 trademark applications for delta-8 products and services have been filed, and only five have been taken up. The USPTO rejected all trademarks and cited the federally illegal status of delta-8.

Become a Master of Cannabis at CTU

Are you interested in learning more about the cannabis sativa plant? Do you want to learn how to grow cannabis plants at home? Enroll in Cannabis Training University’s online marijuana school for a comprehensive insight into the plant’s compounds, how to use cannabis medicinally, and how to start a career or business in this fast-growing industry.

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Fred Hernandez - Cannabis industry expert writer

Fred Hernandez

Fred Hernandez is a highly accomplished and versatile writer, boasting an extensive background in the cannabis industry. With an in-depth understanding of various sectors including cultivators, processors, retailers, and brands, Fred’s expertise spans across the entire cannabis landscape. As a prominent contributor to CTU, he consistently delivers insightful articles exploring the latest developments, news, and regulations shaping the cannabis industry. Whether it’s delving into the intricacies of cannabis products, cannabis strain reviews, or providing comprehensive analyses of cannabis laws, or sharing expert insights on cannabis cultivation techniques, Fred’s wealth of knowledge positions him as an invaluable writer and educator for all cannabis-related subjects.



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