What Is the Legal Status of Delta 8 THC?

Delta 8 THC cannabis in the hands of a doctor.

• Edited December 28, 2021 •

Most people have heard of THC. Those three letters tend to evoke a certain feeling, depending on the impression the well-known compound has left on you. Some people absolutely love THC for the benefits it offers, while others dislike the compound because of the psychoactive side effects it is known for. Many people don’t realize that THC is not one single compound; instead, it is a family of compounds, called analogs. Different analogs of THC uniquely interact with the body, and no two analogs are identical. Because of this, when individuals mention “THC,” they are typically referring to Delta 9 THC, the analog which is known for creating euphoric experiences commonly associated with marijuana use.

Recently, you may have noticed that there have been some health and wellness products in stores and online featuring Delta 8 THC, and many consumers are curious if this compound is the THC they have heard of or if it’s something different. Delta 8 THC is similar to Delta 9, but not the exact same – they are different analogs. Learn more about Delta 8, how it interacts with the body, and if it is legal.

Delta 8 – THC You Will Love

THC, short for tetrahydrocannabinol, has several unique analogs that determine the way the compound interacts with your body. Some of those analogs include:

  • THCa, the acidic form of THC
  • Delta 9 THC, the compound known for its mind-altering effects
  • Delta 8 THC, the compound less psychoactive and more wellness-evoking

Because of the unique properties of Delta 8 THC, it can offer some surprising and enjoyable wellness benefits without delivering the psychoactive or “high” effects its sibling, Delta 9, is 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 recently. Let’s discuss everything you need to know about Delta 8’s legal status.

Delta 8 THC – Is It Legal?

There are many websites and discussion boards full of misinformation found online, so it’s important to clear up the details on the legality of this beneficial wellness product so individuals can begin reaping its benefits of it without fear or concern. When people see “THC,” they tend to instinctively assume that it is illegal because THC is usually associated with marijuana. That assumption is simply not accurate.

THC is actually a compound that is found in variations of the cannabis plant – which include hemp and marijuana, plants that are similar in their genetic makeup but also different. It is important to recognize that these two plants are not identical, because the difference helps you understand the legal status of the compounds derived from each.

As most everyone is aware, the legal landscape is constantly changing. It is always a good idea to check the laws in your state. And if you are traveling, make sure you check the laws of your destination state.

In 2018, the Farm Bill was signed into law. That legislation states that all derivatives of hemp (cannabinoids, analogs, etc.) are completely legal in the United States as long as they do not contain more than .3% THC (Delta 9 THC to be specific). After this law was passed, several wellness brands began selling CBD products, CBG products, and other hemp derivatives that comply with that law.

In the United States, derivatives of marijuana are not legal. Here is where the distinction is important. Your Delta 8 THC wellness products are absolutely legal when the ingredient has been derived from hemp, and your product does not contain more than .3% Delta 9 THC. 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’s complying with the law.

Additional Information on Delta 8 THC’s Legal Status

As most everyone is aware, the legal landscape is constantly changing. Because of this, we at The Hemp Doctor want to keep you abreast of all new and relevant information when it comes to cannabis products.

As stated within this blog, the status of Delta 8 THC products is that they remain legal on a federal level. However, the federal government has allowed individual states to enact their own legislation when it comes to cannabis-based products, and Delta 8 THC is no exception. As of the update to this blog, the following states have made Delta 8 THC illegal, even when it is derived from hemp and contains less than 0.3 percent Delta 9 THC. Those states are:

    • Alaska
    • Arizona
    • Arkansas 
    • Colorado
    • Delaware
    • Kentucky 
    • Idaho 
    • Iowa
    • Mississippi 
    • Montana
    • New York
    • Rhode Island
    • Utah
    • Vermont
    • Washington
    • Michigan
    • North Dakota
    • Connecticut

While both Connecticut and Michigan allow the sale of Delta 8 THC products, they are only available at licensed cannabis stores. The states of Alabama, Illinois, Oklahoma, and Oregon are currently reviewing the legal status of Delta 8 THC. For the time being, Delta 8 is legal in those states.

However, as we have stated before, these laws are constantly changing. It is always a good idea to check the laws in your state. And if you are traveling, make sure you check the laws of your destination state.

Another challenge to the legality of Delta 8 THC had come from the DEA. Originally, in August 2020, the DEA considered Delta 8 THC a controlled substance. The Hemp Industries Association vehemently challenged this action. The DEA has since reversed its opinion and has recently provided two separate announcements to confirm that Delta 8 THC derived from hemp is not considered a controlled substance.

The Hemp Doctor — Your Trusted Delta 8 THC Retailer

At The Hemp Doctor, America’s Premier Hemp & CBD Dispensary, we are experts when it comes to everything hemp-related. We are a wellness brand that is passionate about finding natural ways to use the amazing hemp plant to benefit your life and help you enjoy each day. We are ahead of the curve when it comes to hemp-derived wellness products, and we always take extra measures to guarantee that your product is safe, effective, and enjoyable to use on a daily basis.

Of course, now that Delta 8 THC is becoming more popular, we know it is hard to find – especially from a trustworthy retailer. As one of the nation’s most trusted and reliable hemp and CBD retailers, we are proud to offer pure, enjoyable Delta 8 THC products in our generous inventory. When you shop with us, you can rest assured that your product is trustworthy and complies with the law. With us, you can always expect that our products are:

  • Hemp-derived, from healthy hemp plants grown in the United States under strict farming standards
  • Organic
  • 100% Farm Bill compliant
  • Processed using the most advanced methods to ensure absolute purity without unwanted residual particles or compounds
  • Third-party lab tested to prove their quality and purity, with lab reports made available to you for your comfort and peace of mind
  • Non-GMO
  • Gluten-free and certified kosher
  • Backed by a 100% money-back guarantee

When you shop with us, you will not only find all of the most potent, cutting-edge Delta 8 THC innovations like our Delta 8 THC Vape Cartridge, you can also enjoy several other well-crafted wellness products you won’t find anywhere else, including:

When you are ready to see why Delta 8 THC is becoming one of the most sought-after wellness products on the market today, get started at The Hemp Doctor! You can conveniently shop online 24/7, or if you live in the Mooresville, North Carolina area, you can stop by our shop and meet us. Our hemp professionals will be happy to help you choose the perfect product and support you on your wellness journey!