There’s a new delta strain floating around Ulster County, but you won’t have to quarantine after close contact with this one.

You can find it at your local gas station, smoke shops and convenient stores across the county, sealed in bottles and air-tight bags behind clear cases near the register. We’re talking about Delta-8 THC edibles and smokables, which are providing New Yorkers with a questionably legal buzz while they wait for recreational cannabis dispensaries to open. However, both the legality and safety of the products you will find in stores have become a major concern for government officials.

THC, or tetrahydrocannabinol, typically refers to “Delta-9 THC,” which is one of the most prevalent chemicals in the cannabis plant, creating the psychoactive effect that is commonly called the “high,” according to the U.S. Centers for Disease Control (CDC). Delta-8 is one of several other kinds of THC found in the cannabis plant, although its volume is negligible compared to Delta-9, according to the U.S. Food and Drug Administration (FDA).

Since Delta-8 is so scarce in cannabis plants, large quantities of the chemical are often synthetically sourced by adding a solvent, acid, and heat, according to the CDC. Some manufacturers may use potentially unsafe chemicals that could contain potentially harmful contaminants, according to the FDA. Between December 2020 and January 2021, the FDA received “adverse event reports” from consumers and law enforcement officials, which included 22 patients who consumed Delta-8 products. Out of these folks, 14 were presented to a hospital or emergency room and 19 of the cases were caused by edibles such as gummies or brownies. The FDA reported that national poison control centers fielded 660 Delta-8 exposure cases between January 1 and July 31, 2021.

Another concern lies with the unverified and ultimately unreliable labeling regarding the potency of Delta-8 products. While a robust system exists to test the quality of most hemp products, there is no legal mechanism to do the same for Delta-8. The FDA has expressed concern that some products are labeled as simply “hemp,” which may lead some to believe they have the same health benefits as CBD, or cannabidiol, which is used to treat pain and anxiety, like Delta-9 but without the high. The FDA worried that the Delta-8 products could expose people to much higher concentrations than they would expect from CBD. Some of the reported adverse effects included vomiting, hallucinations, trouble standing and loss of consciousness, according to the FDA. However, the CDC estimated that the physical effects of Delta-8 products are 50 to 75 percent as potent as Delta-9.

So how has THC somehow made it to shelves before New York State gave the green light? This legal loophole emerged after the 2018 Farm Bill, which reclassified hemp as a growable plant on farms. Delta-8 was able to squeak by bureaucratic barriers since it was manufactured through hemp-derived CBD. Delta 8 products have since become a widespread product across the country, according to the U.S. Cannabis Council.

“Consumer sales expanded rapidly in 2020 and continue to grow in 2021, leading industry experts to state that it is the “fastest growing segment” of products derived from hemp,” a U.S. Cannabis Council Report read. “One prominent Delta-8 THC retailer saw sales increase exponentially every month over the past year.”

However, Delta-8 is still technically illegal on the federal level. For one, the Drug Enforcement Administration (DEA) tweaked the 2018 Farm Bill, in August 2020, to clarify that “a cannabis-derived product” must contain 0.3 percent or less Delta-9 on a dry weight basis. The DEA added that even if a cannabis product was made from a plant with less than the above THC limit, like hemp, “a cannabis derivative, extract, or product that exceeds the 0.3 percent Delta-9 limit is a schedule one controlled substance.” The DEA also noted that the bill does not impact the legal status of synthetically sourced THC because the legal definition of hemp includes only materials taken from Cannabis sativa L, the non-psychoactive plant. Although the DEA does not clarify the definition of synthetically sourced THC, Delta-8 is still considered a schedule one controlled substance. Even if Delta-8 was not considered a synthetic substance, it could still very well be considered a “controlled substance analogue,” (also illegal at the federal level) which includes drugs that “have a substantially similar chemical structure to a schedule one or two controlled substance and a substantially similar stimulant, depressant, or hallucinogenic effect on the central nervous system,” according to the Federal Analogue Act.

Even New York, which is widely applauded for its progressive cannabis laws, is beginning to recognize the dangers of Delta-8. Former Gov. Andrew Cuomo’s “Cannabinoid Health Program'' was launched to regulate the processing, manufacturing, and sale of hemp products, requiring each member of the production chain to obtain a license to participate. However, Delta-8 products are not permitted in this program, according to the New York State Department of Health (DOH) as of June. Furthermore, the state is toying with a proposed regulation to its hemp rules to ban the use of synthetic cannabis chemicals in processing, and added that cannabis retail products cannot contain Delta-8. The proposed regulation is currently listed in the State Register.

It’s hard to say if banning Delta-8 will stop local retailers from selling it under the noses of law enforcement. Even after New York banned the sale of flavored nicotine vapes, which are thought to be marketed towards minors, you can still find hidden boxes of the contraband tucked beneath cash registers, out of sight from those who don’t actively seek it. Only time will tell the fate of this questionable drug.