Is Delta 8 Federally Legal? Is Delta 8 Legal in All States?

ByRobert M. Shade
weed law
Table of contents
Table of contents

Hemp-derived products are everywhere. Some contain the superstar of cannabinoids – CBD – while others feature lesser famous cannabinoids like CBG, CBN, or Delta 8 THC.

Delta 8 THC is now getting more and more attention, with innumerable brands and products appearing on the market. Its legal status in the US is also gaining buzz within the community. 

Delta 9 THC remains illegal, but some states permit it under specific circumstances. Its consumption may lead to failed drug tests and unwanted consequences. Now, consumers and CBD enthusiasts wonder if Delta 8 THC does the same. 

There are also many websites and discussion boards full of misinformation found online. For this reason, it’s important to clarify the legality of this beneficial wellness product so people can begin reaping its benefits with confidence. 

Here’s everything to know legally before buying and consuming Delta 8 THC products.

  • Delta 8 is distinct from Delta 9, indicating their differing legal statuses. Delta 9 is still federally illegal. 
  • Most states allow the buying and selling of Delta 8 products, given that they’re hemp-derived and don’t contain more than 0.3% Delta 9 THC.  
  • Watch out for states like Alaska and Colorado that ban Delta 8 products, even hemp-derived ones.

What Is Delta 8 THC?

Delta 9 THC is a popular abbreviation many people associate with a feeling of getting “high,” unwanted side effects, or even penalties and similar undesirable outcomes. 

Unsurprisingly, seeing this abbreviation on a local store’s product label naturally raises concerns. Products with Delta 8 THC do not necessarily equate to the famous Delta 9 THC, which remains federally illegal. Rather, Delta 8 is a THC analog of Delta 9 THC. 

THC, short for tetrahydrocannabinol, has different variations, and its analogs include:

  • THCA – Tetrahydrocannabinolic acid, the acidic form of THC that is a precursor of THC.
  • Delta 8 THC – The compound that is getting a lot of attention is less psychoactive than Delta 9 THC and is very rare in cannabis strains.

While some individuals love THC for its potential beneficial effects, others may shy away due to the psychoactive side effects typically associated with it. However, it’s essential to recognize that THC is not a singular compound but a family of compounds known as analogs, each interacting with the body in unique ways. 

This diversity means that when people refer to “THC,” they usually mean Delta 9 THC—the variant most associated with the euphoric experiences commonly associated with marijuana use. Delta 9 THC is a very abundant cannabinoid in cannabis and can reach concentrations of 30%, whereas Delta 8 THC accounts for only less than 1%.

Delta 8 THC vs. Delta 9 THC

Although it may sound like these two compounds are almost identical, they have different chemical structures, affecting human bodies differently. Delta 9 THC has a double bond on the ninth carbon chain, while Delta 8 THC has it on the eighth carbon chain. The molecular structure affects the level of potency of each compound.

Both Delta 9 and Delta 8 THC interact with endocannabinoids in the human body and bind to the CB1 receptors in the brain and nervous system. However, due to Delta 8’s altered molecular structure, CB1 receptors form different bonds with the cannabinoid and cause much less psychoactive effects than Delta 9 THC.

Delta 8 is approximately half as psychoactive as Delta 9 THC. Because of the unique properties of Delta 8 THC, it can offer some surprising and enjoyable wellness benefits without delivering the psychoactive effects its sibling, Delta 9, is commonly known for. 

Because of this, the rising star, Delta 8, is the THC analog that has been showing up in many health and wellness products. As Delta 8 is rare in the cannabis plant, using advanced technologies, manufacturers convert Delta 9 THC  into Delta 8 to create products that do not produce a “high.”

With evolving laws around cannabis, is Delta 8 illegal? Let’s discuss everything you need to know about Delta 8’s legal status.

 

Yes, hemp-derived Delta 8 THC products with no more than .3% content of Delta 9 THC are federally legal.

The federal law is clear regarding Delta 9 THC: It’s federally illegal, although many states permit it under various circumstances and medical reasons. Unlike Delta 9 THC, there has been a lot of confusion regarding Delta 8’s legality.

Different websites claim different information, and it’s easy to get overwhelmed before deciding to get started with Delta 8 THC. Before you buy one of the trending products with Delta 8 THC, it’s crucial to understand its legality so you can use the product without worrying about unwanted consequences.

Both Delta 9 THC and Delta 8 THC derive from the cannabis plant, and hemp and marijuana are the two main varieties of the cannabis plant. Although they share many similarities, they are different.

Marijuana has high Delta 9 THC content – that’s how it makes users feel “high.”

On the other hand, hemp contains only trace amounts of THC and will not cause mind-altering symptoms.

What the Federal Law Says About Hemp-Derived Products

According to federal law, hemp derivatives are legal for purchase and consumption. The 2018 Farm Bill made all hemp-derived products federally legal as long as they don’t contain more than .3% of Delta 9 THC on a dry weight basis.

Why is Delta 8 legal? Ultimately, Delta 8 THC is federally legal when it derives from hemp.
When purchased from a reputable retailer like The Hemp Doctor, you can rest assured that your Delta 8 THC is completely safe and legal to use. So you can focus on all the benefits you’ll receive from it instead of worrying about whether it complies with the law.

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According to federal law, hemp derivatives are legal for purchase and consumption. Delta 8 THC is federally legal when it derives from hemp.

Although Delta 8 THC is federally legal, each state law regarding the compound differs.  

So, where is Delta 8 legal, and how is Delta 8 legal in some states and not others? While Delta 8 THC products are legal on a federal level, the federal government has allowed individual states to enact their own legislation regarding cannabis-based products. 

With evolving state laws, where exactly is D8 legal? Some states are more restrictive and criminalize Delta 8 THC, even when it derives from hemp. They include:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • North Dakota
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Washington

Delta 8 THC is legal in all other states for purchase and consumption when it derives from hemp. 

Moreover, the states of Oklahoma and Oregon are currently reviewing the legal status of Delta 8 THC. For the time being, these remain Delta 8 legal states.

It is crucial to highlight that cannabis laws are constantly changing, and it is always a good idea to check the current laws in your state. 

Additionally, most state laws have age restrictions on the purchase of Delta 8 THC products, with consumers required to be 21, but some states have more flexible laws, opening products up to those who are 18 and up. If you are traveling, it is also wise to check the laws of your destination state regarding the Delta 8 legality.

To shop for Delta 8 THC with confidence, you should always check its legal status with your state’s laws.

Shop for Products with Only Legally Allowed Amounts of Delta 9 THC

Although Delta 8 THC may certainly be legal and safe to consume, the increased demand for hemp-derived products has resulted in a growing number of low-quality products on the market, which may sometimes come with unwanted ingredients.

Per federal law, hemp-derived products shouldn’t contain more than .3% of Delta 9 THC. Although many brands claim to provide a safe product, it’s impossible to prove the product’s quality and purity without third-party lab test results.

As Delta 8 THC continues to navigate the complex legal and regulatory landscape, The Hemp Doctor remains committed to providing our customers with safe, legal, and high-quality products. We encourage everyone to stay informed about the laws in their state and to choose trusted retailers for their Delta 8 THC needs. 

Make a Safe Choice at The Hemp Doctor Today!

At The Hemp Doctor, we pride ourselves on offering high-quality, hemp-derived Delta 8 THC products that comply with federal law and meet strict safety standards. 

All our products are third-party lab tested, and we make those test results available to our customers. They prove that our products contain no more than the legally allowed amount of Delta 9 THC (0.3%) and are free of pesticides and harsh chemicals, which are common in low-grade solutions. 

Moreover, we extract Delta 8 THC from U.S.-grown hemp, which grows under strict regulations and ensures the compound’s safety and purity. 

So, to summarize, you can also always trust that our products are:

  • Hemp-derived
  • Organic
  • 100% Farm Bill compliant
  • Processed using the most advanced methods to ensure absolute purity
  • Third-party lab tested with lab reports made available to you for your comfort and peace of mind
  • Non-GMO
  • Gluten-free and certified kosher
  • 100% money-back guarantee

Finding top-notch Delta 8 THC products can be challenging. Luckily, you don’t need to browse countless online pages to find what you need. The best hemp products are available at The Hemp Doctor online store.

At The Hemp Doctor, you can find the highest quality hemp-derived Delta 8 in our organic, gluten-free, kosher-friendly products. Here you can choose between:

●      Delta 8 Tincture

●      Delta 8 THC Edibles

●      Delta 8 THC Prerolls

●      Delta 8 Hemp-Derived THC Glass Syringe

●      Delta 8 Vape Carts

●      Delta 8 THC Shatter

●      Delta 8 Softgels

Visit our online store and start your journey with Delta 8 THC by using the highest-quality products on the market today!