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Delta 8 THC legality has been the greatest concern for most consumers. Well, Delta 8 has incredibly grown popular where the adult use of marijuana is illegal. It has been a new commodity and a sensation across the United States. With its rising popularity, there might also be a scope of scrutiny.
Today, many people might be using Delta 8 THC vapes, edibles, oils, tinctures, and more to get recreational and therapeutic effects. The research is still ongoing, but the anecdotal reports from people suggest that Delta 8 THC may help in:
- Boosting appetite
- Relieving chronic pain, stress, depression, and anxiety
- Improving mood
- Encouraging restful sleep
- Relaxing mind
- Uplifting feelings, etc.
Besides this, the most challenging job at present is keeping track of the fast-moving laws surrounding a THC isomer. The effects of Delta 8 THC may be milder, but it has given rise to confusing laws and regulations. If someone asks you, “is Delta 8 legal in Kendall” what would be your answer? Although it’s legal you’ll be complexed and run towards searching for the most appropriate one.
In this article, we’ll discuss the legality of Delta 8 THC state by state and review its current status.
Let’s take a look below!
An Overview Of Delta 8 THC Legality
Delta 8 THC currently remains legal on the federal level but might change if the Hemp Advancement Act passes. Meanwhile, individual states may have their own laws which fall into the following categories:
- Completely legal
- Regulated (available from licensed legal cannabis stores only)
- Unclear or a legal gray area
- Illegal
The 2018 Farm Bill legalized industrial hemp production by removing hemp from the list of illegal controlled substances. Industrial hemp is not marijuana, according to the state’s Industrial Hemp Development Act, which makes a clear contrast between cannabis material with a high Delta-8-THC concentration and cannabis material with a low Delta-8-THC concentration and items generated from natural industrial hemp. Therefore, Delta 8 THC has become legal in almost 50 states according to this law.
There may be a number of states that have taken actions to regulate or ban Delta 8 THC production within their borders.
Check below for state by state Delta 8 THC legality, and keep in mind the contradictory laws!
States where Delta 8 THC is legal:
In these states, you may buy Delta 8 THC without any fear as it is legal. If the laws are unclear, you need to double-check the current status and act accordingly. Below goes the list!
- Alabama (Delta 8 is legal under Alabama House Bill 2, which was passed in April 2021)
- Arkansas (Delta 8 THC is legal as per HB 1640, which replaced an older hemp bill)
- Florida (Delta 8 THC is legal but might change if HB 679 passes)
- Georgia (Delta 8 THC made from hemp is legal according to House Bill 213 passed in 2019)
- Hawaii (Delta 8 is legal except edibles and inhalable products)
- Illinois (Delta 8 is legal, but the state might be working on legislation that might require all cannabis products, including Delta 8 THC)
- Indiana (Hemp-derived Delta 8 is legal except for smokable products)
- Kansas (Delta 8 THC is legal in Kansas only having legislation banning Delta 9 THC)
- Kentucky (Delta 8 THC is legal according to a judge’s injunction filed on February 28, 2022)
- Louisiana (Delta 8 products containing less than 0.3% THC are legal)
- Maine (Delta 8 THC and adult-use cannabis is legal)
- Maryland (Delta 8 is legal like all hemp-derived products)
- Massachusetts (Delta 8 is legal, and the state allows recreational cannabis use)
- Minnesota (Hemp and hemp-derived products have been legal for many years)
- Missouri (All hemp-derived products are legal, including Delta 8 THC)
- Nebraska (Delta 8 THC is legal as the state exempts it from the list of controlled substances)
- New Hampshire (Delta 8 THC is legal as it counts as a hemp-derived product)
- New Jersey (Hemp-derived products including Delta 8 are legal)
- New Mexico (The state’s hemp laws are similar to federal laws; therefore, Delta 8 is legal)
- North Carolina (Delta 8 THC counts as a hemp-derived product and is legal)
- Ohio (Delta 8 THC is legal here)
- Oklahoma (The state excludes Delta 8 and Delta 10 from marijuana definition; therefore, it’s legal)
- Oregon (The state passed legislation in 2021 defining Delta 8 as an “adult-use cannabis item”)
- Pennsylvania (The state allows all hemp-derived products as long as they contain less than 0.3% THC)
- South Carolina (Yes, Delta 8 THC is legal)
- South Dakota (Delta 8 THC is legal with all hemp-derived products)
- Tennessee (Delta 8 is legal as long as it contains no more than 0.3% THC)
- Texas (The courts granted a temporary injunction keeping Delta 8 THC legal)
- Virginia (Hemp-derived Delta 8 THC is legal; the state also legalized recreational cannabis in 2021)
- West Virginia (Delta 8 THC is still legal but might change if Senate Bill 666 is passed)
- Wisconsin (Delta 8 is legal like all hemp-derived products)
- Wyoming (All hemp-derived products containing less than 0.3% THC are legal)
- Washington D.C. (Hemp-derived products are legal in the district of Columbia)
Why Is Delta 8 THC A Controversy?
Delta-8 THC is controversial because it may offer a “legal high” in states where recreational cannabis might be banned. It might be due to a loophole in the 2018 Farm Bill that legalized hemp across the nation.
As cannabis and hemp plants have naturally low Delta 8 THC levels, the legislation did not mention it in the bill. The bill may only limit hemp-derived products to less than 0.3% Delta 9 THC. There might be a debate on whether Delta 8 THC counts as synthetic.
- One might argue that Delta 8 THC isn’t synthetic because it is made from CBD, a natural cannabinoid
- On the contrary, some may argue that creating any new cannabinoid from another cannabinoid might make it synthetic
But you may also make large amounts of Delta 8 THC from hemp-derived CBD through a relatively simple chemical process. Thus, by Bill’s definition, Delta 8 THC is legal.
Buying Delta 8 THC
A growing number of brands are selling Delta 8 THC across the country. But you may find only a handful of trustworthy Delta 8 THC brands as the market might have attracted bad actors looking to make a quick buck. So, you need to beware whenever you find Delta 8 near me and hold on to the best practices.
Pro-Tips:
- Examine a manufacturer’s website. It may help you discover the information on how they obtain and manufacture their items
- Always check third-party lab test reports to ensure the quality of products
- Take a check on labels, QR code, and pricing
The individual state laws for Delta 8 THC might constantly change. The outcome is that most states may choose to regulate Delta 8 THC in a similar way to recreational marijuana. Further, this means that Delta 8 THC products might be available with licensed businesses with proper testing, labeling, and other regulation. It may help raise the quality and safety of products.
So, whenever you look out to buy Delta 8 products, ensure their legal status. If you live in Riverview, “Is Delta 8 legal in Riverview” might be your concern. Similarly, people may have doubts regarding their state laws. It’s better to study the regulations so that you don’t get caught by the authorities. Be a responsible consumer!
