Is Delta 8 THC Legal in Your State?

According to those who have used it, Delta 8 is a great way to achieve therapeutic and calming effects. This cannabinoid, however, has clear legality in some states and complicated in others.

Those who have used it claim Delta-8 THC is among the cannabinoid compounds that can positively affect your well-being. For this reason, some states in the USA have legalized Delta-8 products. States siding with the FDA and the Big pharma have, however, deemed Delta-8 illegal. Still, a few states have conflicting laws connected to Delta-8, implying the legality of the cannabinoid is confusing residents. If you live in states that have legalized Delta-8 THC, grab its products at justDeltastore.com.

Understanding Delta-8 THC

If you belong to the cannabis community, odds are you have heard about Delta-8 THC. However, for the soon-to-be cannabis enthusiasts, Delta-8 THC is a cannabinoid found in cannabis sativa and hemp. The latter is rich in concentrated Delta-8 THC; hence Delta-8 product manufacturers prefer hemp to cannabis sativa. Since it also occurs in small amounts in hemp, manufacturers use chemicals to extract the cannabinoid. The use of chemicals to extract this cannabinoid has made the FDA believe its synthetic.

Chemicals including acetic acid are used to derive Delta-8 THC from hemp harboring CBD. Other manufacturers use stronger chemicals in the process, endangering Delta-8 lovers. In most cases, the Delta-8 extraction can leave the cannabinoid with traces of Delta-9 THC. The two are related, but Delta-9 THC has a higher potency which may be unfit for human use.

Delta 8-THC comes with psychoactive effects. Those who have used Delta- 8 products claim they provide therapeutic and calming effects. They also claim Delta-8 THC delivers results faster than CBD, and its products are cost-friendly. However, the strength of hemp-derived Delta-8 THC does not come close to that of cannabis sativa. Users also claim marijuana effects last longer than the hemp-derived Delta-8’s effects.

Those in states that have legalized this cannabinoid consume it through vape cartridges, tablets, smokable hemp flowers, and edibles, including gummies and chocolates. Delta-8 THC-infused drinks and pastries are also available for those who want a unique experience. Since there are few studies on the effects of Delta-8 THC, newbies should research thoroughly before experimenting with Delta-8 THC products.

How Delta 8 THC Works

Delta 8 THC mainly achieves its objective by interacting with cannabinoid receptors. These receptors are found in the central nervous and peripheral nervous systems. Cannabinoid receptors in the central nervous system are called CB1, while those in the peripheral nervous system are called CB2.

How Safe is Delta-8 THC?

Lack of studies on the effects of Delta-8 THC makes it challenging to determine the positive and negative effects of the cannabinoid. However, using chemicals to extract the cannabinoid from hemp increases public health concerns, especially when ingested through vape cartridges. While some manufactures use acetic acid in this process, others use stronger and toxic chemicals that can ruin your stoning experience when you inhale Delta-8 THC.

Delta-8’s Legality

Delta-8 THC is legal in some states, illegal in others, and a few states have conflicting laws related to this cannabinoid. Federally, this cannabinoid is legal. This is because the hemp-derived Delta-8 harbors undetected THC amounts, meeting the requirements of the 2018 Farm Bill. The confusion of the cannabinoid’s legality in some states results from the DEA and USDA’s conflicting interpretations. That said, let us take a closer look at the state-by-state Delta-8’s legality.

Utah

Although the federal government’s Farm Bill claims Delta-8 is legal, Utah’s Controlled Substances Act deems the cannabinoid illegal. Purchasing, possessing, and using Delta-8 products in Utah can land you on the wrong side of the law, according to chapter 37 of the Controlled Substance Act, which also prohibits the sale, marketing, and distribution of Delta-8 products.

Alabama

If you reside in Alabama, you have all reasons to smile because the state allows purchasing, possessing, and using Delta-8. Like federal law, Alabama’s law also allows the sale, marketing, and distribution of hemp derivatives, isomers, and cannabinoids.

Arizona

Although Arizona is not harsh on marijuana smoking, its law deems THC illegal. Therefore, if you reside in this state, enjoying the hemp-derived Delta-8 THC can be challenging. To beat the confusion, Alabama should clarify whether this cannabinoid is legal or illegal.

Wyoming

Chapter 3 of Wyoming’s HBO71 follows the suit of federal law. According to this bill, isomers, derivatives, and cannabinoids of hemp with less than 0.3 % THC are legal. The bill states that hemp and its associated plant plants with undetectable THC amounts are consumable. For this reason, products with hemp-derived Delta-8 THC can be purchased, possessed, or consumed within this state.

Virginia

Virginia is among the states that have legalized Delta-8. According to Chapter 653 of the Virginia State Legislation, derivatives, cannabinoids, and isomers of hemp with less than 0.3 % THC are fit for human use.

Wisconsin

Chapter 94 of Wisconsin’s Plant Industry states that derivatives, isomers, and cannabinoids of hemp harboring undetectable THC amounts are safe for human use. Chapter 961 of the state’s Uniform Controlled Substance Act also supports this, stating that hemp-derived products, including Delta-8, are consumable.

Vermont

Vermont Hemp Rules pays more attention to how manufacturers formulate Delta-8 from hemp-containing CBD. Since chemicals are used in this process, the state considers Delta-8 a synthetic component that may be dangerous.

Texas

Hemp products with less than 0.3% THC amounts are legal in Texas. However, the state’s Health and Safety Code Chapter 443(HSC 443) states that Delta-8 and Delta 9 products with THC amounts exceeding 0.3% are illegal.

South Carolina

Purchasing, possessing, and consuming hemp products is legal in South Carolina. However, the state’s HB3449 only deems derivatives, isomers, and cannabinoids of hemp with THC amounts not exceeding 0.3% legal.

Pennsylvania

Delta-8 is legal in Pennsylvania. The state’s HB1899 and SB936 are not against the cannabinoid, following the federal government’s suit.

Oregon

Chapter 604, Division 48 of the state’s Industrial Hemp Legislation identifies hemp-derived Delta-8 as consumable goods. However, the Industrial Hemp Legislation only defines hemp products with less than 0.3% THC level as legal. The state’s HB3000 is also not against synthetic cannabinoids, including hemp-derived Delta-8 THC. However, this bill does not allow unlicensed marijuana processors to process and sell Delta-8 products for public use.

North Dakota

North Dakota’s HB1045 does not identify hemp products as agricultural commodities. This explains why Delta-8 and Delta-9 THC are still on the state’s-controlled substance list. That said, it is illegal to deal with Delta-8 in any way.

Nebraska

The state of Delta-8’s legality in Nebraska is complicated. According to the Nebraska Hemp Farming Act, hemp products should be removed from the controlled substances list. This conflicts with Chapter 20 of the Uniformed Controlled Substances Act that claims the state should add hemp derivatives, isomers, cannabinoids, and extracts to the controlled substances list.

Michigan

Michigan also has conflicting laws connected to hemp and its plant parts. The state’s HB6330 and the Public Health Code do not agree about the legality of hemp products, including Delta-8. For instance, HB6330 states that residents can enjoy hemp products within the state. The Public Health Code conflicts, stating that hemp products are illegal and should be controlled.

The Bottom Line

While Delta-8 is either legal or illegal in some states, its legality is complicated in other states. If you are in states that have legalized Delta-8, ensure you shop with justDeltastore.com for clean and high-quality products. If you are in states that deem Delta-8 illegal, form or join movements that fight for the legalization of cannabis-related products. Those in states with conflicting laws about Delta-8 should wait for clarification from relevant authorities before trying it.

Please note that above is our opinion and not legal advice. You should consult an attorney for legal advice.