Delta 8 THC is one of the most popular cannabinoids that people love in the United States of America. Its popularity has been skyrocketing in recent years. It is popular due to its mind and body effects. It is similar to Delta 9 THC and provides similar effects, but with less number of side effects. After the passing of the 2018 farm bill, it has gained even more popular owing to its legal status in many states of the United States of America. However, not all states have legalized the consumption and use of Delta 8. The confusion about its legal status has been stopping people from enjoying Delta 8.
In this article, we will cover various factors of Delta 8 legality. We will also shed a light upon the states where its use is legalized, banned, restricted, or regulated.
Delta-8 stuck between the Farm Bill and the DEA
In 2018, the federal government under the Trump administration signed the Farm Bill, 2018. It legalized hemp and all hemp-derived cannabinoids. The bill also removed hemp-derived “tetrahydrocannabinols” such as delta-8 THC from the list of controlled substances with the exception of Delta-9.
However, in 2020, the DEA included delta 8 THC on its list of controlled substances under “tetrahydrocannabinol” because the statutory definition of ‘hemp’ is limited to materials that are derived from the plant Cannabis sativa L. The DEA stated that all synthetically-derived tetrahydrocannabinols would remain Schedule I controlled substances. This was significant to the production of delta-8. Delta-8 THC must be converted from cannabidiol (CBD) via a structural isomerization process conducted under laboratory conditions. This process takes CBD, changes its molecular structure, and turns it into Delta 8. But since it’s produced by chemical or biochemical synthesis and not directly sourced from the hemp plant itself, the DEA believes Delta 8 is a synthetic substance.
Is Delta 8 THC legal?
While Delta 8 products are legal on a federal level, over a dozen states have decided to ban them. Delta 8 is synthetically produced, so it does not have some state governments’ approval, but some claim it is legal at the federal level because of certain loopholes. The 2018 farm bill legalized hemp containing 0.3% THC or less concentration. The federal government doesn’t specifically address Delta 8 so it remains in the legally grey area. Some states strictly prohibit the sale containing Delta 8 products, while some states have legalized it for medical use only. Some states also criminalize the possession of Delta 8. The major safety concern being it is not well-regulated and ingredients are not transparent with a lack of research.
Is Delta 8 THC Legal in My State?
Laws change state-wise, some states legalize the use of Delta 8 THC, where you can purchase and possess Delta 8 without getting into trouble with the state-level authorities. However, some states completely ban, restrict or regulate the use of Delta 8.
The states that have legalized the use of Delta 8 include
At present, 21 U.S. states have restricted, regulated, or banned the use of Delta 8 THC. These states include:
- Alaska (illegal)
- Arkansas (illegal)
- Connecticut (regulated)
- Idaho (illegal)
- Michigan (regulated)
- Mississippi (illegal)
- New York(illegal)
- Nevada (regulated)
- North Dakota(illegal)
- Rhode Island(illegal)
- South Dakota
- South Carolina
- Utah (illegal)
These are the states where it is legal to use Delta 8:
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- Washington DC
- West Virginia
Can you get in trouble for possessing Delta 8?
You are not going to face any trouble if you possess Delta 8 THC where it is legal. But if you possess Delta 8 in a state where it is not legal, you may face criminal charges if caught. In case you are not sure if the state you live in allows the use of Delta 8, you should speak to a qualified drug crimes attorney before making a purchase.
How to make sure Delta 8 products are legal?
Follow the guidelines mentioned below to make sure your Delta 8 products are legal.
- Always purchase from trusted, reliable brands that can ensure complete transparency and proper certification with third-party lab reports that prove their product’s purity and ensure the Delta 8 THC content is at 0.3% or below.
- Only purchase from sites or stores that use hemp-derived Delta 8 THC.
- Many companies scam users with low-quality extracts that contain higher than federally-approved amounts of Delta 8 THC. These could be potentially dangerous.
- Delta 8 is not a cheap product, do not fall for overly cheap products. This could indicate poor quality ingredients.
How to find a reliable Delta 8 store?
Delta 8 market is a new and booming market. Its safety and efficacy have not been regulated by the FDA, which makes it very easy for people to get scammed. People new to Delta 8 may fall for low prices, legal highs, or miraculous treatments.
While buying Delta 8 products, always check if the vendor does third-party testing. If yes, proceed to check laboratory tests on its products. Check for the list of the potency of Delta 8 THC, its common contaminants, and potentially dangerous additives. Lab reports are thoroughly detailed and come with an up-to-date Certificate of Analysis (COA).
You should also look at the source material. Hemp-derived products are federally legal however, marijuana-derived extracts are illegal on a federal level. Check if the hemp is grown organically as this ensures higher Delta 8 yields.
And finally, the brand you’re purchasing from. Look at the company’s reputation, and whether it’s a credible source to buy from. Check the reviews and the success record among customers.
The confusion is still there regarding the legal status of Delta 8 in many states. But the good news is that things are getting clearer now. It is true that the situation is still very confusing in many states because of the legal fights, but they are expected to be ended. Until then, keep making sure you are using Delta 8 only in a state where it is fully legal.