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Safely Purchase Delta 8 THC Online: A Guide for 2023

January 23, 2024

Safely Purchase Delta 8 THC Online: A Guide for 2023

From a Schedule 1 drug to a legally recognized medical treatment, cannabis has come a long way. While marijuana itself isn’t legal yet in all 50 states, the legalization of hemp-derived CBD products (thanks to the 2018 Farm Bill) has opened up a whole new world of cannabinoids to explore. 

One of these cannabinoids has recently been taking the spotlight: delta 8 THC. 

This gentle, uplifting cannabinoid has emerged as a popular alternative to traditional cannabis products, found in a range of edibles, tinctures, concentrates, and more. That being said, delta 8 THC products are still new to the industry. As a mostly unregulated substance — without FDA approval — some consumers might be nervous to buy delta 8 products online. 

What’s more, navigating the landscape of cannabis laws can be confusing. Each state has its own laws surrounding cannabis, and they’re changing all the time. How do delta 8 THC products fit in? 

That’s why we’re covering everything you need to know about buying delta 8 online. From THC laws to lab testing, we’ll show you what all the latest research tells us about how to buy the best delta 8 products in 2022 — safely. 

Delta 8 THC: A Guide to the Cannabis Cannabinoid

Delta 8 THC is a lesser-known cannabinoid found in the cannabis plant. It’s a relative of delta 9 THC, which is the main psychoactive compound found in marijuana. Unlike delta 9, delta 9 THC is only about half as potent and is known for producing a milder and more relaxing high. Delta 8 THC is also less likely to cause side effects like anxiety or paranoia. Get to know more about this unique cannabinoid and how it differs from delta 9 THC.

Is Delta 8 THC Legal? Understanding the Composition and Regulations

Delta 8 THC is a form of THC that has recently gained popularity due to its legality and unique effects. But with different laws restricting cannabis in the U.S., many people are wondering: Is delta 8 THC legal?

Delta 8 THC Legal at the Federal Level

As of 2022, delta 8 THC is legal at the federal level in the United States. Despite being a form of THC, it is not regulated in the same way as delta 9 THC. The reason for its legality is that it can be extracted from the hemp plant.

Hemp-Derived Delta 8 THC

The Farm Bill of 2018 officially legalized hemp-derived products like CBD under federal law. Most delta 8 THC manufacturers take ingredients derived from the hemp flower, like CBD, and put them through a process called isomerization to produce a pure concentrate. This hemp-derived concentrate can then be made into delta 8 THC products, such as pre-rolls or edibles.

Limitations of the Farm Bill

The Farm Bill limits hemp-derived products from having more than 0.3% delta 9 THC, but it does not have any regulations on delta 8 THC. This means that delta 8 THC is legal, despite having high enough levels of THC to produce a noticeable high.

The Uncertain Future of Delta 8 THC

Delta 8 THC is currently legal, but it sits in an uncertain gray area. The market for delta 8 THC has exploded after taking advantage of the loophole in the 2018 Farm Bill, but many states are starting to place restrictions on its use and sale.

Delta 8 THC Legality: An Overview of State Laws and Shipping Regulations

Delta 8 THC remains legal on the federal level in the United States, but individual states have set their own rules regarding the cannabinoid. With the Hemp Advancement Act potentially closing the loophole, it’s important to understand the state-by-state legality of delta 8 THC.

States that Ban Delta 8 THC

The following states have banned delta 8 THC: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, Nevada, New York, North Dakota, Rhode Island, Vermont, Utah, and Washington. Some states have specific laws banning delta 8 THC, while others have a ban on all THC products, including delta 8 and delta 9.

States where Delta 8 THC is Legal

Delta 8 THC is currently legal in 32 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming, and Washington D.C.

Regulated States for Delta 8 THC

In two states, Connecticut and Michigan, delta 8 THC is treated the same as recreational cannabis and can only be legally purchased from a licensed retailer.

Uncertain States for Delta 8 THC

In Arizona, California, and Mississippi, the legality of delta 8 THC is unclear. Many vendors choose not to ship to these states until a clear statement on the legality is released by state authorities.

Shipping Delta 8 THC

Hemp products, including delta 8 THC, are protected under federal law and can be shipped within the United States through the USPS. Most companies will only ship to states with clear and favorable delta 8 THC laws, and will not ship to states where it is illegal or the law is uncertain.

Delta 8 THC Laws: A Guide to Safely Buying and Using Products

Delta 8 THC is legal in 32 states in the United States, but laws regarding the cannabinoid are rapidly changing. This guide will provide you with everything you need to know to safely buy and use delta 8 THC products.

Finding Delta 8 THC in Legal States

If you live in one of the 32 legal states for delta 8 THC, you have several options for finding and buying products. You can visit a vape shop, order delta 8 THC online, or choose from a variety of products, including vapes, gummies, tinctures, concentrates, and pre-rolls.

The Different Forms of Delta 8 THC

Delta 8 THC is available in several forms, including vapes, gummies, tinctures, wax, and pre-rolls. Each form has its own benefits and drawbacks, so it’s important to choose the right product for your needs.

Double-Checking the Legality

Before you buy delta 8 THC products, it’s important to double-check the current laws in your state. Stay up to date with how delta 8 is governed in your state to ensure you’re making a safe and legal purchase.

Avoiding Fake Delta 8 THC Brands

Delta 8 THC is not regulated by the FDA, so it’s important to be cautious when buying products. Some manufacturers may cut corners and use harmful additives, so it’s crucial to do your research and invest in high-quality, reputable products.

How to Spot a Counterfeit Delta 8 THC Product

When it comes to buying delta 8 THC products, it’s important to be aware of counterfeit products that might not contain any delta 8 THC or be derived from illegal sources. To ensure the authenticity and quality of your delta 8 THC product, look for these key factors:

  • Source of Delta 8 THC: The vendor should be using hemp plants that are cultivated without toxins and contaminants using organic and sustainable farming practices.

  • Extraction Methods: Choose a company that uses clean extraction methods and is transparent about their process. Avoid any products that may contain harmful solvents or cutting agents.

  • Ingredients: The ingredients used in the product should be listed on the packaging and free from fillers, preservatives, or additives. The amount of THC in each product should be clearly labeled.

  • Third-Party Lab Testing: Third-party lab reports are an important sign of authenticity and safety. Look for up-to-date and easily accessible Certificates of Analysis (COA) on the company’s website to verify the safety and accuracy of their delta 8 THC products.

By following these guidelines, you can avoid counterfeit delta 8 THC products and ensure you’re getting a safe and authentic product.

The Bottom Line 

If you’re looking for a legal alternative to cannabis — or you just enjoy a milder high — delta 8 might just be the perfect choice. With a gentle, stimulating high and fewer side effects, there are so many reasons to make the switch to delta 8. 

That being said, delta 8 is still a newcomer to the cannabis scene. It’s important to take precautions before you buy. Safety, legality, and authenticity should always be a priority when buying delta 8. 

Thinking of buying delta 8 pre-rolls, edibles, dabs, and more online? Don’t settle for anything less than the highest quality delta 8 products. To summarize, here’s a quick safety checklist you should run through before you buy: 

  • Only buy delta 8 if you live in a state where it’s currently legal.

  • Stay up to date on the changing delta 8 laws to confirm that it’s still legal in your state before you purchase.

  • Check the source and ingredient list of all delta 8 products before you buy.

  • Only buy from vendors that are transparent about their production process and have a Certificate of Analysis (COA) available on their website.


Legal Disclaimer: Bay Smokes products are not approved by the FDA to diagnose, treat, prevent, or cure any illnesses. All products are compliant with the US Farm Bill and under 0.3% THC. Bay Smokes products and website are intended for ADULT use only. Full disclaimer in Terms of Service. Delta8 or other Hemp-Derived THCs will not be shipped to states where the product has been expressly banned. Product availability varies from state to state per each product’s regulation.

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