Is Delta-8 Legal in 2022?

Is Delta 8 legal in 2022?

The subject of cannabis and its legal status is complex, making it hard for the average consumer to completely understand both the state and federal laws regarding cannabis and its derivatives. It is up to the consumer to ensure they stay on the right side of the law. Get the basics of Delta 8 THC and learn about its legal status in the U.S. below.

Demand for Delta 8 THC products has exploded in the U.S. since 2020, driving product innovations like nano drops and infused beverages. The Industrial Hemp Market Forecast said the industrial hemp market accounted for USD 3.91 billion in 2020. According to Green Entrepreneur, experts are also predicting the Delta 8 THC market could triple in size by 2025. 



An Introduction to Delta 8 THC 

Out of the 540 chemical substances found in cannabis, there are over 100 compounds that are classified as being cannabinoids. Consumers are familiar with the two major cannabinoids, Delta 9 tetrahydrocannabinol (D9 THC) and cannabidiol (CBD). However, one lesser-known compound, called Delta 8 tetrahydrocannabinol (D8 THC), is beginning to gain popularity. It provides consumers with a euphoric experience with less paranoia, making it an ideal option for users.

All cannabinoids evolve from the compound cannabigerolic acid (CBGA). The original compound will convert into a cannabinoid during the plant life cycle. This biological conversion occurs as a result of the cultivars individual genetics, environmental exposures, and stress

What exactly is Delta 8? 

Delta 8 THC is a chemical compound found in cannabis sativa or hemp plants. This compound is one of many THC analogs present in the plant. Compared to Delta 9 THC, this compound is known as the milder psychoactive cannabinoid and is considered to have a lower psychotropic potency. Although the two compounds are similar, Delta 8 THC has a slightly different chemical structure. Making up less than 1% of the total compounds in the plant.

Why should you consume Delta 8 THC?

There are a couple of reasons consumers prefer Delta 8 THC products. For some, it’s a lifestyle choice. It can be ideal for those who want to experience the benefits of cannabis without the same impairment as Delta 9 THC. Others use it out of convenience, as not all states have recreational cannabis available for purchase.

A survey conducted by the Journal of Cannabis Research claims that 71% of consumers felt extreme relaxation, and 55% experienced relief from discomfort after using Delta 8 THC. Interestingly, this survey also shares that 59% of consumers substituted Delta 8 THC for pharmaceutical drugs.



Explore the Current Legal Status of Delta 8 THC

Laws are rules that we must obey and are subject to sanctions or legal consequences. Sometimes, the government can overstep, restricting things that are protected under The United States Bill of Rights. Advocates from the cannabis community are responsible for its normalization, helping to improve government policies for all consumers.

The 2018 Farm Bill removed hemp from the definition of marijuana in the Controlled Substances Act (CSA). This ruling changed hemp into an agricultural commodity. The current legal status of Delta 8 THC is in flux and can vary from state to state. Some states have regulated these products, whereas others have deemed them illegal. 

Where in the U.S. is Delta 8 THC legal?

Delta 8 THC is legal to purchase in more than 30 states across the U.S. Alternatively, there are as many as 14 states which have made it illegal and some more that are still considering its legal status. It is currently illegal to buy Delta 8 THC products in the state of Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Nevada, New York, North Dakota, Rhode Island, Vermont, Utah, and Washington.

Here are five tips about the legal status of hemp-derived Delta 8 THC in 2022:

  • Federally, hemp derivatives such as Delta 8 THC, THCP, and THCV, containing little more than 0.3% Delta 9 THC, are permitted to be bought, sold, and consumed.
  • Only products made using the natural conversion process are compliant.
  • Delta 8 THC products have not been evaluated or approved by the FDA for safe use in any context.
  • Similar to the initial CBD market, there are no requirements around labeling, product quality, or safety.
  • It could be possible to travel with your product, provided your destination is somewhere where Delta 8 THC is legal.

This gray area can put consumers at risk. These rules leave the safety and consistency of these types of products up to the producers and retailers. Consumers can access third-party lab reports featuring a Certificate of Analysis (COA) in most instances before purchasing. Be sure to purchase Delta 8 THC products from a reliable source. Many industry professionals predict the laws will tighten for the safety of consumers.


Always consume cannabis with intent. If you’re a new consumer, start low and go slow. Particularly when using THC dominant products.


Carefully Curated Delta 8 THC Products to Fit Any Lifestyle and Taste!

For those looking for an appealing alternative to traditional health and wellness benefits, try these Delta 8 THC products from The Hemp Doctor:

  1. Delta 8 THC Cosmic Rings — (30 pieces per jar) with a concentration of 30mg Delta 8 THC per gummy. 
  2. Delta 8 THC Oil Tincture — made with MCT oil.
  3. Delta 8 THC Prerolls (1.75g per package) — comes in a wide range of cultivars.
  4. D8 THC Live Resin Vape Cart — containing cannabis-derived terpenes, blended with our 90%+ Delta 8 distillate.
  5. Delta 8 THC Softgels (30 capsules per bottle) — with 25mg of Delta 8 THC per capsule.

Always consume cannabis with intent. If you’re a new consumer, start low and go slow. Particularly when using THC dominant products. Not all products provide the same experience. Additionally, the effects of cannabis are very individual. Like Delta 9 THC, consumers can test positive for this version of THC if subjected to a drug screening.

The Hemp Doctor is a family-owned hemp business that offers organic cannabinoid products nationwide. Explore our line of premium quality Delta 8 THC products, including gummies, tinctures, soft gels, hemp flower, and concentrates. Shop now.