Ultimately, this won`t stop Delta 8 THC from being widely accepted in the legal U.S. states where it`s allowed. As more states legalize recreational cannabis, we might even see Delta 8 THC become a new trend in the industry. Delta-8 is an isomer of delta-9 THC, which means it has the same molecular formula as, but the atoms are arranged differently. THC actually has four different isomers: delta-7, delta-8, delta-9 and delta-10. If you want to make sure you`re buying a 100% legal product, look for third-party lab reports and always buy from reputable manufacturers who can provide the standards we`ve talked about in this article. Delta 8 THC offers similar health benefits to Delta 9 THC, but with a much lower incidence of side effects such as anxiety and paranoia. Delta-8 THC is illegal in Vermont. In April 2021, the state confirmed that producers cannot produce delta-8-THC, even from hemp.
Delta-8 is legal, but severely restricted in California. Hemp-derived delta-8 products containing more than 0.3% THC are state regulated. The following states have laws that prohibit delta-8 in one way or another. However, some people report that they can buy delta-8 products in these states, likely due to a lack of enforcement and clarity on the part of the state government. After discovering that the 2018 Farm Bill legalized hemp and hemp-derived compounds, including natural and synthetic delta-8, the court found copyright and trademark infringement. However, there are no enzymes that could allow cannabis to convert CBG directly into Delta 8 THC. Delta-8 is provisionally licensed in Hawaii, although its legality is somewhat questionable. The Hawaii state government issued a statement in 2019 stating that not all cannabis-derived compounds comply with FDA rules and that interstate sale and purchase of cannabis products is illegal. While the statement doesn`t explicitly mention delta-8, it`s still a cannabis compound like CBD, CBG, and CBC, meaning Hawaii might consider delta-8 a banned substance by default. However, hemp-derived delta-8 is widespread throughout Hawaii, according to unofficial sources. Many users claim that physical stores sell Delta 8 products with enforcement issues.
The FDA also opposes the use, possession, and sale of Delta-8 and sends warning letters to sellers who allegedly sell illegal Delta-8 products. About one-third of all U.S. states regulate, restrict, or completely ban Delta 8 products. However, there are reports suggesting that Delta-8 is sold freely throughout the state and law enforcement is not taking any action against unlicensed sellers. A recently passed bill (Senate Bill 205), passed in May, created a task force that will investigate intoxicating compounds in hemp and focus on consumer protection. The Task Force will report to the General Assembly by the end of 2022. Learn more about the legal status of Delta-8 in Colorado. Not surprisingly, during my research, I came across several states where one or a few counties treat Delta-8 as illegal businesses and raid, even though there is no clear law making it illegal. I think you would need to investigate the individual situation in each county by asking local Delta 8 store owners and lawyers/advocates. Delta 8 products, with the exception of foods and beverages containing the cannabinoid, are legal. However, in 2020, the DEA issued a controversial interim final rule aimed at further aligning the Farm Bill with the Controlled Substances Act (CSA), creating problems not only for Delta-8 but also for Delta-10-THC.
Hemp-derived delta-8 is legal in Florida under state law, meaning its use, possession, sale, distribution, and production are permitted within its borders without risk of punishment or prosecution. There are also no ownership restrictions. However, delta-8, which is derived from marijuana, is not legal in Florida. Marijuana and marijuana-derived compounds are strictly illegal. Learn more about the legal status of the Delta-8 in Florida. In this case, it is not implausible to assume that delta-8, a chemically similar analogue of federally illegal delta-9-THC, is in fact a controlled substance. The 9th District decision said that if Congress does not intend to legalize psychoactive cannabinoids such as delta-8 THC with the 2018 Farm Bill, « then it is up to Congress to correct its mistake. » Thanks for the comment, all the available information I can find right now says that Delta 8 is still considered illegal in the state. I will update the article as soon as the guidelines are published. In summary, Delta 8 THC is legal throughout the country, as long as it is naturally derived from hemp. Marijuana-derived Delta 8 products can only be purchased in states that have legalized recreational marijuana use.
The extraction method is another factor that affects the legality of D8. Products made from CBD using the natural conversion process comply with the provisions of the Farm Bill 2018. Delta-8 THC is illegal in Delaware. The state prohibits any product or compound containing any amount of marijuana or tetrahydrocannabinols (THC). Currently, delta-8 THC is legal in Texas. Two separate bills banning delta-8-THC failed in April and May 2021: House Bills 3948 and 2593. In Illinois, there appear to be counties that do not allow the sale of Delta 8. Is there anyone I can talk to about the counties/cities in which we are legally allowed to sell Delta 8? As more states legalize Delta 8 THC, it shouldn`t be too hard to find a store that carries these types of products. It is always recommended to read the label before buying, just in case certain ingredients are present and may cause an allergic reaction.
Delta-8 is illegal in North Dakota. In April 2021, the state signed Law 1045, which changed the definition of THC. It now contains delta-8 as well as other isomers. Delta-8 THC and adult cannabis are legal in Maine. The state authorizes all hemp-derived products. Delta-8 is completely legal in Missouri and does not classify it as a controlled substance after the passage of the House Bill 2034, which legalized hemp and hemp-derived compounds. This bill means that the use, possession, sale, distribution, purchase and production of hemp-derived delta-8 are legal under state law. Marijuana is illegal, but decriminalized when taken with 10 grams or less. Penalties for possession of marijuana or delta-8 derived from marijuana are punishable by a fine. However, it is still classified as a criminal offense. Delta-8 THC is legal in Wyoming, like all other hemp-derived products.
Delta-8 is not legal under Mississippi state law and is considered a prohibited controlled substance. The state`s House of Representatives Bill 1547 of 2019 legalized hemp and hemp-derived compounds and aligned its laws with the Federal Farm Bill. However, the bill did not remove THC or any of its isomers from the list of controlled substances, including delta-8. The use, possession, sale, distribution, purchase and manufacture of delta-8 is not permitted. Marijuana and marijuana-derived delta-8 are also not allowed under state law. Possession of 30 grams or less of delta-8 marijuana is punishable by a fine of up to $200 (first-time offender). Under Alaskan law, delta-8-THC is illegal, although recreational cannabis is legal. The state has banned all forms of THC.
Hemp-derived products also remain illegal unless approved under the Industrial Hemp Pilot Program. Fortunately, House Bill failed in 1927, maintaining the use, possession, sale, purchase and production of legal Delta 8 products. Marijuana and marijuana-derived delta-8 are not legal in Tennessee and are punishable under state law. Penalties for the use and possession of Delta-8 marijuana vary depending on the amount and intent. Possession of half an ounce is punishable by up to 1 year in jail and a fine of up to $250. Learn more about the legal status of delta-8 in Tennessee. Manufacturers looking to extract large amounts of Delta 8 THC can extract it using two methods: But they can also produce large amounts of Delta-8 from hemp-derived CBD through a fairly simple chemical process. According to the definition of the bill, this delta-8-THC is considered legal. Delta-8 is legal in Virginia. The state does not consider it a controlled substance under its Drug Control Act under the House bill of 1839, which legalized hemp and hemp-derived compounds and separated them from marijuana and marijuana-derived compounds.