Delta-8 THC – The Hazy Legal Status


The Farm Bill 2018 resulted in the aggrandizement of the hemp industry by legalizing hemp and its extracts. There were no specifications provided for the hemp products and extracts other than the condition that it should have less than 0.3% delta-9 THC, which is known to make you high. This technically makes the delta-8 THC derived from hemp plants legal. However, there is no exact answer for this as the regulations for cannabis products vary from state to state and sometimes even within the different municipalities of the same state. At present, Delta-8 THC is legal in 38 states of the United States.

Cannabis plants are being researched for the health benefits they have to offer. With the presence of over 100 cannabinoids in them, the hemp market welcomes a new beneficial extract now and then. Tetrahydrocannabinol or THC has dominated the cannabis market for a very long time. But even the therapeutic use of it came at the expense of some serious side effects. When the Farm Bill was signed into law in 2018, the legalization of hemp products provided a great boost to the introduction of many wellness-promoting cannabinoids such as CBD. And Delta 8 THC is the latest cannabis derivative that has become a craze among cannabis enthusiasts. 

An Overview of Delta-8 THC

what is Delta-8 THC

Delta 8 THC is an analog of abundantly found delta 9 THC. Found in low quantities naturally in both marijuana and hemp plants, this cannabinoid is known to offer many health benefits with a milder high than that of delta 9. It is the only other minor cannabinoid that has been found to have intoxicating effects. On the plus side, it has no adverse effects such as anxiety, paranoia, and likes as experienced with the use of delta 9 THC.

How Is Delta-8 Different From Delta-9?

Delta-8 THC vs delta 9

Delta 8 is an isomer of Delta 9 THC, differing in the presence of the placement of the double bond in its structure, delta 8 has it on the eighth carbon while delta 9 has it on the ninth carbon, which impacts the molecular stability. Delta 9 is relatively unstable when compared to delta 8 and gets oxidized to a compound called cannabinol which is biologically inactive. 

The Hemp Legal Status

Hemp Legal Status

Farm Bill 2018, revolutionized the hemp industry by legalizing cultivation, production, and sale of hemp-derived products when they contain less than 0.3% delta-9 THC.[1] There were no specifications provided regarding the inclusion or exclusion of any particular product, which made the delta 8 THC derived from hemp plants legal. This is how Delta-8 THC is legal for the time being until any specific regulations are introduced. 

Is Delta 8 THC Legal?

is Delta-8 THC Legal

Currently, Delta 8 THC is legal at the federal level. However, states have the right to authorize their laws for cannabis and its products. Some states, namely Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah, have specifically prohibited delta-8 products even when they are extracted from hemp, and have less than 0.3% delta 9 THC. The regulations also differ among the counties and municipalities in any state. Nevertheless, these regulations keep on changing. So, it is advisable to ascertain the local guidelines before ordering the products online. 

What Makes Delta-8 Such A Hit With Cannabis Enthusiasts? 

Delta 8 tetrahydrocannabinol is a psychoactive cannabinoid present in trace amounts in hemp and marijuana plants. It is about half as potent as delta 9 THC and provides a subtle, manageable high. Moreover, delta 8 THC offers no unwanted side effects that delta-9 brings along with it such as paranoia, hallucinations, etc.[2] And on top of that, Delta 8 THC is technically legal. 

How Is Delta-8 Produced?

How Is Delta-8 Produced

Naturally, Delta 8 is present in very low quantities in cannabis plants. As CBD is present abundantly in industrial hemp plants, it is produced synthetically from CBD through a process known as isomerization. CBD is exposed to some chemicals, heat, and pressure which alters the chemical structure to formulate a new product – Delta 8 THC. The process follows the below-mentioned steps:

  1. Dissolution of CBD into an organic, non-polar solvent such as heptanes.
  2. Adding an acid, and stirring the solution constantly for eighteen hours at a temperature of 100 degrees Celsius.
  3. The solution is then washed and neutralized with a sodium bicarbonate solution.

Legal THC Products

Legal THC Products

As the delta-8 gains acceptance among the masses, various innovative products find their way into the market every day. The health benefits combined with the mild high make an irresistible combination for some. The following variety of products are available in the market today:

  1. Delta 8 Tinctures & Oils: These products provide effective results as they get quickly absorbed into the bloodstream, and start their work within an hour or half. It is suitable for beginners as well, however, first-timers should start with lower doses. Our Delta 8 tincture with 1000 mg strength is the lowest one we have and is suitable as the stepping stone into the journey of exploring the delta-8 world. 
  2. Delta 8 Vape Juices: Vaping a delta-8 juice will give you an instant hit, and the effects will also wear off quicker than other products. It is ideal for experienced users, as vaping is more of an acquired taste.
  3. Delta-8 Edibles: Edibles such as gummies, cakes, etc., provide an ideal method of consuming delta-8 for those who want its slow release in the body. As the product is required to be metabolized in the body before the delta-8 gets absorbed into the bloodstream, the delta-8 starts showing its effects anywhere between one to two hours after the consumption. With more than twenty flavors to choose from, our high-strength Delta 8 Gummies Jar is a hit when it comes to unwinding with friends. 
  4. Delta 8 Topicals: These products are appropriate when you want to focus on a specific region for localized relief. Many topical products offer the benefits of delta-8 such as body lotions, ointments, etc.

While looking for delta-8 products online, be sure to buy from a reputable store that has made the third-party lab testing reports available to ensure the quality and potency of products. 

In a Nutshell,

The sale and purchase of delta-8 products are legal in 38 states of the United States. However, the rules and regulations regarding this sensitive matter keep on changing with the state as well. If you are curious to try out the delta-8 products, it is recommended that you check with your local cannabis laws before making a purchase. You need to be careful about the products that you may be using when you are traveling as well. 

You Ask, We Answer!

Q1. How is Delta 8 legal if it has intoxicating effects?

The legal status of Delta 8 THC is because of the loophole in the 2018 Farm Bill. The bill legalizes all the products derived from hemp plants (industrial hemp plants or Cannabis sativa plants). The Delta 8 products available in the market are derived from CBD extracted from hemp plants, thus making delta 8 technically legal.

Q2. Is delta 8 legal in Texas?

Yes. As the local laws coincide with the federal laws, Delta 8 THC or any other cannabinoid, terpene, isomers, and flavonoids that are extracted from hemp are legal in Texas. 

Q3. What importance does the “Hemp-derived THC” holds with regards to the legal status?

When THC is entirely extracted from Hemp, it is called hemp-derived. According to the Farm Bill, Hemp plants are all cannabis plants that have less than 0.3% of delta 9 THC. And since the federal laws only legalize the hemp plants, hemp-derived THC – Delta 8 THC enjoys a legal status in 38 states of the United States at present.

Q4. Is delta-8 THC legal in Florida?

When derived from hemp plants, and with less than 0.3% concentration of THC, the Florida state laws legalize delta 8 THC. The laws do not explicitly ban any delta-8 product.

Q5. Is THC Oil Legal?

Delta 8 THC Oil that is derived from the hemp plant, and has less than 0.3% concentration of delta-9 THC in the end-product, is legal under federal law, and in 38 states at the moment.

Q6. What’s the legal status of delta-8 THC in New York?

In the United States, Delta 8 THC is federally legal. And New York state laws follow the federal government regulations, thus, Delta-8 has a legal status in New York. 

Q7. How is CBD different from THC?

Cannabidiol (CBD) is a non-psychoactive cannabinoid that transfers all the health benefits without making the user high, whereas delta 8 THC offers a mild high, and delta 9 THC will provide users a full-on high.

Q8. Is delta 8 legal in Georgia?

Yes. The Georgia state laws, which are in adherence with the federal laws, legalize all hemp products that are produced with delta-9 THC at acceptable levels.

Q9. Is delta 8 THC legal in NC?

As of now, Delta 8 THC is legal in the state of North Carolina. The state laws run following the federal laws legalizing all the hemp derivatives provided that they contain less than 0.3% delta 9 THC in the final product.




Charlie Thompson

Charlie Thompson is an expert cannabis botanist and a plantsman who believes that our lives revolve around plants and that a person can create the healthiest version of himself by exploring the power of plants. Charlie, who's the Chief Editor at Divine Hemps suggests that choosing the right CBD product is as crucial as getting the right form of treatment for your ailment. He closely works with the team of Divine Hemps and helps them create unique formulations of CBD that are tailored to customer's needs and are safe, pure, and lab-tested.

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