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

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In 2021, 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. Seeing a product for sale online or in-store may seem like a green light to consuming it, but there has been a lot of confusion regarding this cannabis compound.

As Delta 9 THC remains illegal, although laws in many states permit it under various circumstances and its consumption may lead to failed drug tests and unwanted consequences, now consumers and CBD enthusiasts wonder if Delta-8 THC is a safe alternative.

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

What Is Delta 8 THC?

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 may raise many questions and concerns. However, products with Delta 8 THC do not contain the famous THC, which remains federally illegal.

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 9 THC – The famous psychoactive compound responsible for causing the feeling of being “”
  • Delta 8 THC – The compound that is getting a lot of attention, is less psychoactive than Delta 9 THC, and very rare in cannabis strains.

Delta 9 THC is a very abundant cannabinoid in cannabis and can reach concentrations of 30% where Delta 8 THC accounts for less than 1%.

Delta 8 THC vs. Delta 9 THC

Although it may sound like these two compounds are almost identical, they have a different chemical structure; therefore, they affect human bodies in different ways. 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 cause much less psychoactive effects than Delta 9 THC.

Delta 8 is approximately half as psychoactive as Delta 9 THC and is now widely used in 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.”

Is Delta 8 THC Federally Legal?

  • 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 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.

Delta 8 THC is federally legal when it derives from hemp.

Drug Enforcement Administration and Its List of Controlled Substances

In August 2020, the Drug Enforcement Administration (DEA) included Delta-8 THC under “tetrahydrocannabinol” and its other names in its list of controlled substances.

With its updated list, the DEA is attempting to ban Delta 8 THC by a rule that the Hemp Industries Association – representing the 1,050-member hemp businesses in its organization – is now challenging.

The DEA list of controlled substances cannot affect federal law. To make the compound illegal, DEA would have to amend the Controlled Substances Act and include Delta-8 THC specifically in the Agriculture Improvement Act of 2018.

For now, hemp is federally legal, and all the cannabinoids present in hemp, including Delta-8 THC, are federally legal.

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

Is Delta 8 THC Legal in All States?

Although Delta 8 THC is federally legal, each state law regarding the compound differs. Some are more restrictive and criminalize Delta 8 THC, even when it derives from hemp.

States that criminalize Delta 8 THC are:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

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

Make a Safe Choice at The Hemp Doctor Today!

At The Hemp Doctor, all our products are third-party lab tested, and we make those test results available to our customers. They prove there is no more than the legally allowed amount of Delta 9 THC in our products (.3%), and that they 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.

Finding top-notch Delta 8 THC products can be challenging. Luckily, you don’t need to browse through countless pages online 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!