Is Delta-8 THC Legal? A State-By-State Guide

From being virtually unknown to becoming a widespread product offering from the biggest and smallest CBD brands in the last 2 years— the rise of delta-8 THC has been swift. But is delta-8 THC legal?

The short answer is “In most states.” The long answer is a little more complicated, but we’ll break it down for you.

Basically, there are no specific federal laws that address delta-8 THC specifically, so it’s up to the discretion of local law enforcement officials and prosecutors to decide whether or not to pursue charges against someone caught with delta-8 THC.

For the most part, delta-8 THC products, especially those made from legal hemp, are not on the radar of law enforcement. As a result, delta-8 THC lives in a legal gray area.

In this article, we’ll guide you through everything you need to know about delta-8 THC, including where it comes from, some of its effects, its complicated legal status, and how to shop for high-quality delta-8 products.

Article Summary

When it comes to cannabis laws, there’s always a lot to unpack, so if you’re pressed for time and want to get to the heart of it all, here are the highlights:

• Delta-8 tetrahydrocannabinol (delta-8 THC) is a naturally occurring compound in the cannabis plant. It’s one of the few chemicals from the plant that produces a psychoactive effect.
• Delta-8 THC is an isomer to delta-9 THC, which means they have the same chemical components with a different arrangement of atoms. As a result, they both produce psychoactive effects but with slightly different characteristics.
• Delta-8 THC products from hemp plants are considered federally legal as it’s considered a distinct compound from delta-9 THC from marijuana plants.
• The legal landscape of delta-8 and delta-9 varies by state. However, many states still have access to hemp-derived products (the same way you can purchase CBD products) as long as it remains under the 0.3% delta-9 THC content by dried weight threshold.

Federal Legal Status of Delta-8 THC

The million-dollar question: is delta-8 THC federally legal in the U.S.?

Technically, there’s no rule against it, but it’s not exactly clear-cut. At the federal level, no law directly mentions or prohibits Delta 8 THC. This is where things get a bit murky, landing us in this gray area of legality.

Here’s the interesting part: according to the 2018 Farm Bill, hemp and its derivatives containing less than 0.3% delta-9 THC are legal.

Many people interpret this to mean that if delta-8 THC is made from the hemp plant, it’s A-OK.

And for the most part, this seems to be the case. However, not everyone agrees, and different enforcement agencies might interpret the laws in their own ways.

So yes, it’s a bit of a puzzle, but right now, people tend to lean towards the idea that delta-8 THC is federally legal—as long as it’s derived from hemp. That being said, always make sure to keep up with the latest updates because the legal landscape around cannabis is constantly evolving.

Is Delta-8 Legal In My State?

Just as a friendly reminder, the information given in this article serves purely to satisfy surface-level curiosity and should not be taken as sound legal advice. The laws regarding cannabis vary from each state and even from one municipality to the next, which means you should familiarize yourself with local laws before purchasing hemp-derived products that produce a psychoactive effect.

What Is Delta-8 THC?

Delta-8 tetrahydrocannabinol is a psychoactive compound found in cannabis plants (hemp and marijuana). However, it only naturally exists in very small quantities (less than 0.1%), making it a minor cannabinoid.

Delta-8 became popular as “light weed” because of its milder high compared to traditional THC. In comparison, delta-8 products are said to give people fewer chances of experiencing some of the discomforts from the marijuana high, such as racing thoughts and paranoia.

Some people say that delta-8 THC gives them a more clear-headed high, while others say it makes them feel more relaxed. The effects vary from person to person.

Delta-8 THC is available in various forms, such as the ones available for purchase on our site. This includes delta-8 as an oil, delta-8 THC gummies, and smokable products.

Discovery And Early Research Of Delta 8 in The Cannabis Sativa Plant

Although delta-8 seems like the cool new cannabinoid on the block, it’s been known about for a long time.

Delta-8 didn’t gain significant attention until Dr. Raphael Mechoulam, the famed Israeli organic chemist often called the ‘father of cannabis research,’ began his groundbreaking work in the 1960s.

Mechoulam and his team identified and synthesized an array of cannabinoids, including delta-8 and delta-9 THC, paving the way for a more nuanced understanding of the plant’s chemistry.

However, delta-8 THC, a less potent and less prevalent cannabinoid compared to its cousin delta-9, remained relatively under-studied due to its trace amounts in the plant and the overwhelming focus on the more psychoactive and abundant delta-9.

Over the decades, limited but promising research has highlighted delta-8 THC, which has ignited curiosity and spurred further research into its potential applications, all while grappling with an evolving legal landscape.

Is Delta-8 THC A Synthetic Cannabinoid?

Let’s tackle another hot question: is delta-8 THC a synthetic cannabinoid?

You might remember hearing about synthetic cannabinoids like K2 and Spice that caused public health crisis a few years back. Because of their severe health risks, the Drug Enforcement Administration (DEA) slammed down the gavel and made all synthetic cannabinoids illegal.

But does delta-8 THC fall into this synthetic category?

Well, it’s not quite that simple. Most delta-8 THC on the market is made in a lab because it exists in such small quantities naturally. While delta-8 is synthesized from CBD through a chemical process, it’s not synthetic in the same sense as K2 or Spice.

Those synthetic substances are concocted entirely in a lab and aren’t found naturally. Delta-8 THC, on the other hand, is a natural compound found in cannabis, albeit in small amounts.

Plus, it’s generally seen by medical professionals as safe, not causing the same sort of health issues that those illegal synthetic cannabinoids did.

However, the fact that delta-8 is produced via a chemical reaction from another compound (CBD) has sparked some legal debates in certain states.

Is it natural? Is it synthetic? It’s a bit of a head-scratcher, right? This ambiguity is causing some states to question its legal status, showing just how complex and fluid the world of cannabis legislation really is.

Frequently Asked Questions