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Is Delta 8 THC legal?

Its potency and accessibility have made Delta-8 THC one of the most popular cannabinoids on the market. However, many people aren’t familiar with the legal aspects of delta-8, and they may not even know whether or not the compound is legal in their state. So, is delta-8 THC legal? If so, where at? Let’s get started. 

What is Delta-8 THC?

Before we get into the legal aspects of delta-8 THC, let’s talk about what this cannabinoid is and what it has to offer. Cannabis plants contain delta-8 THC, a cannabinoid. However, this cannabinoid is minor and only present in very minimal, trace amounts. For this reason, the compound and its effects have been swept under the rug for the past few decades. However, these days, professionals have figured out ways to synthesize delta-8 THC, making it a much more usable cannabinoid. In their natural form, the trace levels of delta-8 are simply too low for extractors to work with. Thus, they turn to a process called isomerization. With isomerization, professionals will extract hemp-derived CBD from the plant and then, using unique molecular restructuring, turn the cannabinoid from CBD into delta-8 THC. This process doesn’t require any chemical additives, but it does mean that the delta-8 you find on the market today is all synthetic. Extractors had to make the cannabinoid from CBD; they couldn’t just extract it from the plant itself. So, while delta-8 THC is technically a natural cannabinoid, the products you see on shelves are synthetic. This is important to note when seeking high-quality, pure options. Delta-8 THC is a psychoactive cannabinoid, so users should be aware of its effects. This means that the compound has the ability to get you high, leaving you feeling similar to Delta 9 THC and decompressed. However, you won’t be able to drive or operate machinery after the usage of a cannabinoid like this one. Delta-8 THC is about half as potent as delta-9 THC. This makes the cannabinoid a great option for users who find delta-9 to be too strong but are still interested in the psychoactive components of cannabis. If you live in a state where cannabis isn't yet legal, this is a good option for you. Related Article: What Is Delta 8 THC?

Is Delta-8 THC Legal?

Now, let’s answer the question everyone’s been asking: is delta-8 THC legal? The answer is... kind of. On a federal level, yes, delta-8 THC is legal. A few years ago, the US passed the 2018 Farm Bill, and this bill helped legalize hemp production in the country. Hemp-derived products were also legalized, as long as they did not contain more than 0.3% THC. Delta-8 THC products are legal on a federal level if they come from hemp and contain no more than 0.3% delta-9 THC. Delta 8 THC products are legal under the 2018 Farm Bill if they follow these guidelines. Unfortunately, delta-8 THC’s legality doesn’t stop there. Even though the cannabinoid is legal on a federal basis, it’s not legal in every state. Many places across the United States have begun establishing regulations and full-on bans regarding delta-8 THC and corresponding products. In various places in the US, delta-8 THC is illegal, and you cannot purchase, possess, or use the cannabinoid in any way. In other places, delta-8 is strictly regulated, and you can only purchase certain products in licensed places like dispensaries. Due to this, it is crucial that you familiarize yourself with your local cannabinoid laws. Even if cannabis is legal, this doesn’t necessarily mean that delta-8 THC is legal. (Think Washington state.) So, if you’re wanting to try this unique cannabinoid, you’ll have to double-check and see whether or not the compound is permitted in the first place. To summarize, delta-8 THC may be legal on the federal level, but it’s certainly not legal in every state in the US. 

What is the Farm Bill? 

The 2018 Farm Bill, also known as the Agriculture Improvement Act of 2018, was a comprehensive piece of legislation that legalized hemp and hemp production, as well as covered a wide range of agricultural and food policy issues in the country. Former President Donald Trump first signed the Farm Bill into law on December 20, 2018, and it must be renewed every five years. (This means we may see some updates come in 2023.) The Farm Bill covered various points, with one of the most notable being legalizing industrial hemp and using it as an agricultural commodity. The bill also permitted the cultivation, processing, and sale of hemp, previously classified as a controlled substance. This opened up incredible opportunities for hemp farmers and fans of hemp-derived cannabinoids. Along with legalizing hemp, the 2018 Farm Bill also addressed points like restructuring conservation programs, providing more support for nutrition programs, funding agricultural research and education programs, funding for rural development, and so much more. This comprehensive bill covered everything from hemp to forestry, livestock, crop insurance, and commodity programs. As a bill that’s set to be revisited every five years, we can expect some minor or major changes to come to the Farm Bill in 2023. (We just hope it doesn’t have any negative impacts on the hemp industry.)  

The Future of THC Legalization

THC legalization is still uncertain as of early 2023. Over the past few years, public opinion on cannabis legalization has shifted significantly, with the majority of Americans supporting some form of marijuana legalization in the country. This has contributed to increased political support for legalization measures. State-level legalization is also trending upward, with more states than ever having legalized the plant either medically or recreationally. Even more conservative states have started seeing the benefits of cannabis legalization in terms of tax revenue and job creation. But federal laws still aren’t on board. While there have been several attempts to legalize THC—or cannabis as a whole—on the federal level, there haven’t been any concrete moves made. Several bills have been proposed that have been shut down either in the House or Senate, creating more frustration for those fighting for federal legalization. The Marijuana Opportunity Reinvestment and Expungement Act (MORE Act) is one piece of cannabis legislation to watch in 2023. The MORE Act, for the first time in history, is a cannabis bill that’s been backed by both major political parties. Unfortunately, in the past, while the MORE Act has made it through the House of Representatives, it’s been shut down various times once it landed in the Senate. This act would be monumental for the cannabis industry. As it stands, the MORE Act would work to remove marijuana from the list of controlled substances, similar to what the Farm Bill did for hemp. This would decriminalize the plant on the federal level, allowing states to determine their own regulations without federal interference. The MORE Act also aims to expunge federal cannabis-related convictions, particularly those of non-violent offenders. It would also impose federal excise taxes on the sale of cannabis to help create a better, more regulatory framework for the industry. There's more to come. We can expect that the MORE Act will go through more changes in an attempt to pass in the Senate. But, for now, this proposal is our best bet at seeing THC legalization in the future.  

Delta-8 THC Legalization by State

We mentioned earlier how delta-8 THC isn’t legal in every state. Unfortunately, cannabinoid regulations—particularly ones involving delta-8—change frequently, making it difficult to keep up with the laws in your area. In case you’re curious, the following are the states where delta-8 THC and its products are not permitted for usage, possession, or sale: 
  • Alaska 
  • Colorado 
  • Delaware
  • Idaho
  • Iowa
  • Montana
  • New York 
  • Nevada
  • North Dakota
  • Oregon
  • Rhode Island 
  • Vermont 
  • Utah
  • Washington
Also, if you happen to be in Arizona, California, Minnesota, or Mississippi, you may not be able to get delta-8 in your area either. The regulations in these areas are still a bit up for debate, and it’s best to err on the side of caution and avoid cannabinoids in these states until the laws become clearer. If you live in one of the states where delta-8 THC is illegal, this means that you cannot buy the product anywhere in your area. This also means that you cannot purchase delta-8 from an online retailer and have it sent to your house, and they cannot send products to states where the cannabinoid is illegal. If a brand still does, then there is no guarantee you’ll actually get your product, as it could get intercepted in the mail. Instead, only enjoy delta-8 THC products in states that allow the cannabinoid. We know it’s frustrating, but it’s a whole lot better than being found on the wrong side of the law.

What Are the Various Types of Delta-8 Products Available Online? 

Delta-8’s popularity has exploded exponentially within the past few years, leading to a wide selection of delta-8 products available online. Whether you’re looking for delta 8 THC flower, delta 8 gummies, or even delta-8 distillate, there’s something for everyone out there. If you’re a fan of flower, delta-8 THC flower is a wonderful choice for a gentle, comforting high. However, you should note that delta-8 flower isn’t hemp flower that’s been cultivated with high amounts of delta-8. D8 flower is hemp flower coated with a type of delta 8 distillate. Again, cultivators can create high-delta-8 strains, so they make their own. Still, this flower is easy to smoke, tastes like your typical hemp flower, and produces strong, distinct effects that are easy to enjoy. Along with flower, you can also find delta 8 pre-rolls or delta 8 moon rocks if you enjoy smoking that way. Delta 8 concentrates like wax are also a good way to use your D8, but only if you’re well-versed in the world of dabbing or vaping. You don't have to smoke if you don't want to. It is always possible to use a delta 8 tincture instead. The Delta-8 tinctures are easy to use and produce powerful effects quickly. You can use your dose of D8 oil by placing your dosage under the tongue and then swallowing. Then, the effects will start to work just a few minutes later, providing full-bodied results. You can also add your delta-8 tincture to your food or drink, but the results will take much longer to kick in this way, and the high may not be as potent. When you’re looking for the tastiest ways to enjoy your cannabis, delta-8 THC gummies are the way to go. These gummies are made in various mouth-watering flavors that will remind you of your favorite childhood candy. Then, after about 45 minutes to two hours, you’ll start to notice the cannabinoid kick in, providing you with full-bodied highs that last for hours — anywhere from 4-8, in fact. Make sure you're prepared for the long-lasting experience that delta-8 gummies can provide. Finally, you can turn to a product like delta-8 distillate if you want a bit of versatility. Delta-8 distillate can be used in so many different applications, depending on what appeals to you most. Many people enjoy taking their delta-8 distillate and adding a small dose to a recipe to help enhance their meals. Others will take a dose and add it to a topical to make an infused lotion, or even place a few drops right onto some flower for a more powerful result. Truly, the opportunities are endless with a product like delta-8 distillate.  

Where Can I Get the Best Delta-8 Products Online? 

If you’re seeking the best, highest-quality delta-8 products online, you have to take your time and look out for certain elements. First things first, you never want to buy from a brand that doesn’t test its products for potency or purity. You can check this by viewing the brand’s third-party lab test results, which they have available on their website. (If they don’t have these, it’s time to move on.) These COAs will show that the company took the time to send off their products for testing, and a third party checked the formulas for potency levels, as well as any impurities. The documents will demonstrate everything that the third-party found. These test results are the best way to ensure you’re buying quality products, as you can see the quality for yourself. However, you have to make sure that these COAs are legitimate and come from reputable cannabis testing labs, too. Check the lab's reputation by doing a quick search. Check the ingredients in the product you are interested in along with the test results. Does the brand use unnatural additives? Do they rely on high-quality ingredients? You will see a huge impact on the overall result of your product if you do this.   Finally, check out customer reviews and testimonials. What have others had to say about this brand? Does it have good reviews, or do you find various complaints when researching? No matter what you’re seeking, if you want to buy delta-8 THC products from a reputable, quality brand, it’s time to turn to ATLRx. We offer a huge selection of top-shelf D8 products in so many different forms, providing options for everyone. Plus, our prices are always as affordable as possible.  

Is Delta-8 Legal In Your State?

So, is delta-8 legal in your state? While it may be legal on a federal level, it’s integral to stay up to date on the cannabinoid regulations in your area to ensure that you can safely and legally purchase your favorite delta-8 products from ATLRx.