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The interest in cannabinoids in the cannabis plant has been rising since the 2018 Farm Bill removed made hemp and its derivatives from the definition of Marijuana in the Controlled Substances Act (CSA). As a result, millions of Americans have added CBD products to their wellness routines. While CBD is booming in popularity, recently, a minor cannabinoid Delta 8 THC has gained a lot of attention and raised many questions about its legality across the U.S. Now many wonder if the compound is legal to consume, and if you are amongst early adopters, here is everything you need to know about Delta 8 THC in 2021.

What is Delta 8 THC?

It seems like everyone who has heard of the cannabis plant knows about THC, but not many can distinguish Delta 8 THC from Delta 9 THC, which may cause many confusions. THC, short for tetrahydrocannabinol, has several variations that can differently affect the human body. Some of these analogs include:

  • THCa – Tetrahydrocannabinolic acid the acidic form of THC and a precursor of THC
  • Delta 9 THC, the most famous psychoactive compound
  • Delta 8 THC, the compound, which is less psychoactive and very rare in cannabis strains

Delta-8-THC is a minor cannabinoid in the cannabis plant. After storing for an extended time, it degrades into delta 8 THC; it is a rare and unique THC type that can reach concentrations of only 1% in strains of cannabis. In comparison, Delta 9 THC goes up to 30%.

Delta 8 THC vs. Delta 9 THC

THC is perhaps the most well-known compound in the cannabis plant and the reason Marijuana makes consumers high. When a product mentions Delta 8 THC, many assume it’s the THC they know and have heard of; it is famous for its psychoactive side effects. However, the well-known cannabinoid Delta 9 THC has a different chemical structure from Delta 8 THC and impacts the human body in another way. THC responsible for the mind-altering effects of Marijuana is one of several variations of THC – called analogs. It binds to the CB1 receptors in the brain and nervous system and produces mind-altering effects and increased bodily relaxation. Delta-8-THC also binds to the CB1 receptors, but its affinity for the receptor is different due to its slightly altered molecular structure.

According to federal law, hemp-derived products can contain a maximum of .3% Delta 9 THC (a trace amount) to be considered legal.

Delta 9 THC causes psychoactive side effects, but it’s estimated that Delta 8 is half as psychoactive and has seen increased popularity in wellness products. A few scientific advancements convert Delta 9 THC  into way less psychoactive Delta 8, so manufacturers can add it to several unique wellness products that do not produce a “high.”

Is Delta 8 THC Legal in the United States in 2021?

While the law is clear regarding Delta 9 THC, there have been many misconceptions and confusions regarding its analog D8 THC.

Many websites across the internet claim different information. Before you acquire one of the products with Delta 8 THC, it’s essential to know about its legality so you can use the product with confidence and without concern.

THC is a compound in the cannabis plant. There are two primary species of the cannabis plant – hemp and Marijuana. They are similar in many ways but not identical and have many differences.

Marijuana contains high Delta 9 THC levels, while hemp features only trace amounts of the compound and will not get users high. According to federal law, in the U.S., derivatives of Marijuana are not legal, while derivatives of hemp are. The 2018 Bill made all hemp-derived products legal as long as they don’t contain more than .% of Delta 9 THC. According to that law, Delta 8 THC is lawful when it derives from hemp, which should be enough to purchase Delta 8 products with confidence.

However, In August 2020, the DEA updated its list of controlled substances and included Delta-8 THC under “tetrahydrocannabinol” and its other names. By doing so, the DEA is attempting to ban it by rule. And that new rule is being challenged by the Hemp Industries Association that represents 1,050-member hemp businesses, including approximately 300 hemp processors and individuals involved in, or impacted by, the manufacture, distribution, or sale of intermediary hemp extract and such other products lawfully derived from hemp.

On a technical level, DEA would have to amend the Controlled Substances Act to include Delta-8 specifically in the Agriculture Improvement Act of 2018. For now, hemp is legal, and all the cannabinoids present in hemp, including Delta-8 THC.

According to the 2018 Farm Bill,” any THC from a cannabis plant with Delta-9 THC at or below 0.3% is federally legal. Still, State laws differ on delta-8 THC, and there are states with more restrictive laws that do criminalize Delta-8 THC, even when derived from hemp. These are:

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

Delta 8 THC is legal in all other states to purchase and consume if it’s derived from hemp. To shop with confidence and ensure there are no changes in its legality, you can always check with state laws.

On a federal level, when derived from hemp, Delta-8 THC is legal in 2021.

Ready to Get Started with Delta 8 THC? Shop at The Hemp Doctor Today!

Wellness trends are always exciting, and you probably can’t wait to give Delta 8 THC a try. Such increased demand for the compound resulted in the growing number of brands that produce products featuring the rising star of the cannabinoids., but not all providing top-grade products. When shopping for Delta 8 THC products, it’s essential to find reputable brands and trusted retailers who prove their ingredients’ quality and origin. You should be confident your Delta 8 THC product is safe to consume and derives from hemp. Luckily, you don’t need to browse through hundreds of pages online. The best hemp products are available on The Hemp Doctor online store.

Here you can find top-grade hemp-derived Delta 8 in our organic, gluten-free, kosher-friendly products. We extract compounds from U.S. grown hemp, and we ensure every step of creating your products meets the highest possible standards from the moment the plant touches the soil. Moreover, our premium products are third-party lab tested, and we provide lab reports to ensure you are investing in safety, quality, and comfort.

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