How is Delta 8 THC Legal?

How is Delta 8 THC Legal?

With all of the laws and discussion surrounding hemp, cannabis, and delta-8 products, it’s easy to get confused. How is Delta-8 THC legal? What is Delta-8 THC? How did Delta-8 become legal? What is the 2018 Farm Bill? Why is Delta-8 illegal in some places? Read on for answers to all of these questions and more!


What is Delta 8 THC?

Starting with the basics is always a good idea. Delta 8 THC is also known as Delta8, Delta-8, and D8. It’s a rare cannabinoid that’s found naturally in hemp plants. It’s less psychoactive than Delta-9 THC, and tends to produce more of a relaxed body high. You can read more about the difference between Delta 8 and Delta 9 on our blog.

Delta 8 THC is extracted from legally grown hemp plants and then added into all kinds of products, from vapes to edibles.

If you still need a refresher on what exactly Delta-8 is (and is not), you can read all about it on our blog.


How did Delta-8 Become Legal?

In 2018, Congress signed a new version of the Farm Bill into law. Under the revised Farm Bill, Delta-8 was made federally legal!

After that, it didn’t take long for cannabis companies to start growing, processing, and selling hemp and hemp products that comply with the 2018 version of the Farm Bill, including Delta-8 products.


What is the 2018 Farm Bill?

Great question! The Farm Bill in general is old news—it’s renewed every five years and focuses on regulations that fall under the domain of the USDA (the U.S. Department of Agriculture). The 2018 Farm Bill, however, was huge news for cannabis lovers everywhere in America.

Before 2018, hemp was considered a controlled substance because of its association with high-THC marijuana and cannabis plants. (I’m sure we don’t have to point out to you how ridiculous that is!)

The 2018 Farm Bill removed hemp from the controlled substances list, making it legal on the federal level. This means that now, hemp and hemp-derived products are legal to grow, produce, and sell in all 50 states.

There are still some regulations, though. In order to be legally considered to be hemp (instead of cannabis or marijuana), the plant must contain less than 0.3% THC by dry weight. (For reference, most Delta-9 THC cannabis strains contain upwards of 15% THC by dry weight.) The farms and companies that grow and produce hemp have to go through a certification process and undergo regular testing. The hemp-derived products have to be less than 0.3% THC by dry weight, too.

If you want to read the 2018 Farm Bill itself, you can see it here. If you’d rather read an overview that’s not written in “legalese” (we’re right there with you!), you can check out our write-up on our blog.


So… How is Delta 8 THC Legal?

And we’re back to the most important question!

Delta 8 THC must be extracted from federally compliant hemp that’s made up of less than 0.3% THC by dry weight. The resulting Delta-8 THC extract must also be made up of less than 0.3% THC by dry weight. If Delta-8 products stick to both of those requirements, then they’re legal!


Why is Delta 8 THC Illegal in Some Places?

As you probably know, some states have expressly banned the production, sale, and ownership of Delta-8 THC products. If it’s federally legal, how can they do that?

If you’re classifying Delta 8 THC as a hemp product that’s made up of less than 0.3% THC by dry weight, then yes, it’s legal on the federal level. Some people, though, classify Delta-8 as a “synthetically derived tetrahydrocannabinol,” or chemical equivalent to Delta-9 THC. By this logic, a product that does the same thing as a controlled substance would also be considered a controlled substance itself and would technically still be illegal on the federal level. Because of this, some states have banned Delta-8 products entirely.

(We’re sure we don’t have to tell you this, but we don’t agree—even though D8 and D9 are similar, they don’t have identical effects. Besides that, each cannabinoid that has been extracted from federally-legal hemp so far has been shown to have unique properties, benefits, and effects. A lot of the information out there about cannabinoids is still meant to scare people, “reefer madness” style.)

We have a whole article about why cannabis is illegal in some places on our blog. For a brief history of cannabis products and their legality, you can check out our blog too.


Where is Delta-8 Legal?

Currently, Delta-8 is legal in most states. You can find a convenient state-by-state list on our blog.

For quick reference, Delta-8 is currently legal in Alabama, Arkansas, California, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

That being said, the laws around hemp and cannabis products are always changing (and we’re definitely not lawyers). Check with an attorney about your state’s local laws if you have any questions.


Where can I buy Delta 8 THC?

We’re glad you asked, because you’re in the right place!

Bay Smokes is a premium Delta-8 and rare cannabinoid brand, and we’d love to help you find your next favorite Delta-8 product.

You can check out our online store for the most up-to-date selection of the best Delta-8 products—we’re always adding new and exciting stuff. We even have an app so that you can order Delta-8 to your door from your smartphone.

Whether you’re in the market for flower, extracts, tinctures, or anything else you can think of, we know you’ll find a Delta-8 product you’ll love here at Bay Smokes.