Is Delta 8 THC Legal? In All 50 States? (2022)

Is Delta 8 THC Legal? In All 50 States? (1)

A clear-headed high. Help with anxiety, pain, and inflammation. Along with many other potential benefits, these Delta-8 THC positive attributes can feel like hitting a jackpot. Once you know aboutDelta-8 and its benefits, you may immediately load up your shopping cart. But first, you must understand the complex rules and regulations of this cannabinoid.

Since it is farless psychotropic (and with fewer side effects) than Delta-9, you may think surely there is no harm in trying it, right? However, the law is complicated in the legality of this product. In this article, we will touch on whether or not Delta-8 THC is legal and explore the ins and outs of the federal and state laws on the matter.

(Note: Want to try Delta-8 THC for yourself? Shop flower, edibles, cartridges and more here -- we ship nationwide!)

Is Delta 8 THC Legal?

The short answer? Technically, yes. At the federal level Delta-8 is recognized as legal. However, since states can override federal law, there have been a few states that still have restrictions. A handful of states do not recognize Delta-8 THC as legal at this time. It is possibly illegal in your state, without explicit facts stating otherwise.

Currently, Delta-8 THC is illegal in these states: Alaska, Arizona, Arkansas, Delaware, Idaho, Iowa, Mississippi, Montana, and Nebraska. These statuses are all subject to change. We urge you to do your research and make sure of its legal status in your state before purchasing Delta-8, then make an informed decision from there.

Is Delta 8 THC Legal? In All 50 States? (2)

Breaking It Down

To break down these terms and their varying legalities, let’s properly define these substances and how they are related to each other. Delta-8 THC and Delta-9 THC are cannabinoids, which are natural chemicals found in the cannabis plant. Most tetrahydrocannabinol (THC) in cannabis is Delta 9-THC. So much so that oftentimes the terms are used interchangeably. When cannabis products list the amounts of THC, this is the amount of Delta-9 THC.

(Video) Is Delta 8 legal in all 50 states?

Delta-9 tetrahydrocannabinol, aka Delta-9 THC, is the primary psychoactive ingredient in marijuana. Delta-8 tetrahydrocannabinol, aka Delta-8, is an isomer of Delta-9, meaning it has the same molecular properties as Delta-9, but in a different order. Delta-9 has a double bond on the 9th carbon in the chain and Delta-8 has a double bond on the 8th. Delta-8 exists in much smaller amounts in cannabis than Delta-9, making it much rarer. According to the National Cancer Institute, Delta-8 has shown antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties.

Delta-8 THC is present in both hemp and marijuana, though it is in such minimal levels, that it isn’t worth extracting. An easier, as well as a more profitable method of extraction, is by way ofelectrophilic cyclization of Cannabinol (CBD), another cannabinoid.

Hemp (Cannabis sativa L.) and marijuana (Cannabis sativa, Cannabis indica, Cannabis ruderalis) both describe cannabis plants. What distinguishes them legally is the amount of Delta-9 THC in them. The hemp plant is defined as cannabis that has 0.3 percent or less Delta-9 THC. Marijuana is cannabis that has more than 0.3 percent Delta-9 THC.

Marijuana is considered an illicit substance and is deemed illegal by the United States federal government. Since Delta-8 is technically THC, you would naturally assume it is an illicit substance since marijuana is. But since Delta-8 can come from hemp, a legal substance, this is where the boundaries grow hazy. Let’s explore the legalization of hemp.

The Farm Bill of 2018

In 1970, the Controlled Substance Act banned all cannabis and marijuana substances, whether through buying, selling, possessing, or consuming. This means that cannabis was completely illegal in all its forms including extracts, oils, and isomers.

This was amended thanks to the Agriculture Improvement Act of 2018 (Farm Bill of 2018) when hemp, the plantCannabis Sativa L, was declassified as an illicit substance. This is because hemp cannot contain more than 0.3 percent Delta-9 THC, which minimizes psychoactive properties. The Farm Bill exempted any cannabinoid that is not Delta-9 THC and is derived from hemp. This includes Delta-8 THC derived from hemp. So, if Delta-8 THC is derived from hemp, it is legal under the Farm Bill. Here is a direct quote from FDA Commissioner Scott Gottlieb upon signing the Farm Bill:

“This new law changes certain federal authorities relating to the production and marketing of hemp, defined as cannabis (Cannabis sativa L.), and derivatives of cannabis with extremely low (less than 0.3 percent on a dry weight basis) concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC). These changes include removing hemp from the Controlled Substances Act, which means that it will no longer be an illegal substance under federal law.

Just as important for the FDA and our commitment to protect and promote public health is what the lawdidn’t change: Congress explicitly preserved the agency’s current authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and section 351 of the Public Health Service Act. In doing so, Congress recognized the agency’s important public health role concerning all the products it regulates. This allows the FDA to continue enforcing the law to protect patients and the public while also providing potential regulatory pathways for products containing cannabis and cannabis-derived compounds.

(Video) Why Is Delta 8 Banned In 16 States & Counting?

We’re aware of the growing public interest in cannabis and cannabis-derived products, including cannabidiol (CBD). This increasing public interest in these products makes it even more important with the passage of this law for the FDA to clarify its regulatory authority over these products. In short, we treat products containing cannabis or cannabis-derived compounds as we do any other FDA-regulated products — meaning they’re subject to the same authorities and requirements as FDA-regulated products containing any other substance. This is true regardless of the source of the substance, including whether the substance is derived from a plant that is classified as hemp under the Agriculture Improvement Act.”

The Farm Bill allows us to lawfully purchase and use hemp in all 50 states. This includes forms of hemp in extracts and concentrates.Other popular hemp derivatives besides Delta-8 are cannabinoids Cannabidiol (CBD) and Cannabigerol (CBG). CBD does not contain psychoactive properties and is therefore helpful for users who do not want to feel “high”. It has a lot of the same positive effects as Delta-8 and can aid in the treatment of anxiety, depression, and PTSD.CBG has been shown to have some potential benefits in the treatment of Glaucoma, Crohn’s Disease, cancer, and IBS. These cannabinoids, like Delta-8, are still being studied, and are continuing to show more promise as time goes on.

Once the Farm Bill went into effect, the hemp industry boomed. As the demand for Delta-8 THC products as well as other derivations from hemp grows, more and more farmers are getting in on the game. With grain prices falling and laws shifting, hemp is a cheaper and easier way to produce these beneficial products. Following the path of the popular CBD, we believe Delta-8 is next in line for widespread use. That is if the government’s ambiguous, convoluted language doesn’t get in the way. One factor confusing the legality of hemp products legality is the Interim Final Rule.

The Interim Final Rule

On October 31, 2019, the U.S. Department of Agriculture (USDA) added an Interim Final Rule (84 FR 58522) stemming from the 2018 Farm Bill. This Interim Final Rule (IFR) established the U.S. Domestic Hemp Production Program and outlined a framework for regulation for the cultivation and production of hemp. It has helped tie up some loose ends from the Farm Bill but added even more confusion in other areas. The rules and regulations set forth were intended to be in effect until the final regulations are issued.

However, Congress extended the industrial hemp pilot program stemming from the 2014 Farm Bill. This will be in effect till September 30, 2021. This means that the existing hemp plans in each state will be in place for the time being. The final rules will be made public in 2021, and are expected to have many more requirements for the state’s hemp plans.

In the U.S. Domestic Help Production Program, states and Native American tribes must submit hemp production plans. These plans must meet or exceed the USDA’s standards to be approved. If the states or tribes don’t submit a plan, the federal guidelines will apply.

Under the USDA’s rules, states cannot prohibit the interstate transport of hemp. The rules also address the acceptable amounts of THC in hemp. For instance, the new regulations outline a “measurement of uncertainty” of plus or minus 0.06 percent to be considered hemp and not an illicit marijuana substance. Labs that test the plants must be officially registered with the DEA. If any of the plants fall above the acceptable range, the DEA agent must destroy the product. The issue of the exportation of hemp is yet to be addressed.

Despite the Farm Bill amendment, however, there has still been a DEA crackdown on hemp farms. The ambiguous laws and regulations in this industry have left some confusion.

(Video) Delta 8 50 states legal! So what's the hype?!

As it stands right now, the IFR has laid out more confusing language to the legality issue. The IFR has criminalized synthetic forms of hemp-derived THC, which may include Delta-8. Clearly, D8 comes naturally from the hemp plant, and therefore not a controlled substance. However, since D8 can be derived from CBD, the IFR has language which may target this form of D8:

“The [2018 Farm Bill] does not impact the control status of synthetically derived tetrahydrocannabinol (for Controlled Substance Code Number 7370) because the statutory definition of “hemp” is limited to materials that are derived from the plantCannabis sativa L. For synthetically derived tetrahydrocannabinol, the concentration of delta-9 THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinol remain Schedule I controlled substances.”

The word “synthetically” is where the confusion comes in. This statement says that any synthetically derived THC is a Schedule I controlled substance. So the question would be, is Delta-8 synthetically derived? Since D8 can be created by a chemical reaction from CBD through the use of a catalyst, this could be deemed as an illegal synthetic THC. The proposed regulations would label all tetrahydrocannabinol as Schedule I controlled substances, including Delta-8. In plain terms, it is possible the DEA could try to prosecute people producing or selling Delta-8.

To combat this broad and ambiguous language, a hemp trade association and a hemp company have filed a petition in the U.S. Court of Appeals challenging the IFR. The finality of this battle is still up in the air, leaving a lot of uncertainty for hemp farmers, producers, and dispensaries.

For us, what comes to mind with the word “synthetic”, are the synthetic cannabinoids K2 or Spice. These are man-made chemicals that are similar to the naturally occurring cannabinoids. However, due to its similarities to marijuana, K2/Spice has been marketed as synthetic marijuana that is a legal and safe alternative. These kinds of drugs are not safe though, due to their unpredictable and dangerous effects. The chemicals in K2 are made in a lab and are the most obvious example of a synthetic drug.

In contrast, Delta-8 is not synthetic but is a naturally occurring compound derived originally from a plant. It is safe, lab-tested, meets FDA guidelines, has much safer side effects than these synthetics, and has much less potency than your everyday marijuana.

Is Delta 8 THC Legal? In All 50 States? (3)

Legality Confusion

The Controlled Substance Act of 1970 made previous research on cannabinoids difficult due to all the hoops to jump through, not to mention expensive. For this reason, knowledge about Delta-8 has been pretty minimal until recently. Now that hemp has been legalized, we are seeing increasing popularity in this substance and ourresearch and knowledge base continue to grow. However, legality confusion can still be difficult to navigate.

(Video) Update – Delta 8 THC CANNOT be Shipped to All 50 States

Determining the legality of Delta-8 in your state can be as simple as determining the legality of these other hemp derivatives. Delta-8 is legal everywhere CBD products are legal. Please note that CBD is legal to sell, but not as dietary supplements or as a food/edible product. Even though hemp is legalized, any products must still adhere to the stipulations of the Federal Food, Drug & Cosmetic Act (FD&C).

A lot of people’s confusion comes from where Delta-8 is sourced. If it comes from marijuana, it is illegal. If it comes from hemp, it is legal. Be sure to not confuse Delta-9 THC and Delta-8 THC. Though similar, they are not the same. Remember that Delta-8 is exempted from the Controlled Substance Act, while Delta 9 is not. Marijuana is still deemed illegal federally under the Controlled Substance Act. Under U.S. federal law, Delta-9 THC is a Schedule I substance, which is considered on the same level of danger as drugs like heroin or LSD.

Since Delta 8 technically is THC, this can bring about more confusion. This makes the grey area a little hard to define. There are legal loopholes that can make Delta-8 completely accessible yet still illegal. For instance, Delta-8 can show up as Delta-9 on a drug test, which can make you fail and possibly face legal repercussions. Additionally, if your product was confiscated by the law and shown to be THC, you may be penalized. Since it is a new product on the market, it does not have its own set of specific laws and tests yet.

If you live in a state where marijuana is legalized, then you can legally purchase and useDelta-8. This is also the case for people with a medical marijuana card in a state where medical marijuana is legal. Delta-8 can be consumed in many of the same ways as THC by way ofvape cartridges, dabs,gummies, and tinctures.

A Hopeful Future

Over our lifetime, we have seen the slow evolution of cannabis legalization. It has become increasingly accepted by our public, as well as by our government. States are slowly changing their stances, allowing for more freedom on the matter. Marijuana has become legalized in many states, and CBD has followed suit. Delta-8 will likely be next in the softening of the public and legislature, despite the current blurred lines.

Right now, the gray area of this exciting and newly popularized substance is vast. The particulars of its legalization are still being debated, thus making it a confusing issue for everyone. The outcome of the DEA’s proposed regulations will determine the legitimacy of Delta-8. But if cannabis’s long score sheet of victories is any kind of foreshadowing, we believe Delta-8 has a strong chance to rise against the opposition. Whatever the case, it must not deter from the fact that it is currently legal by federal standards. This means it is legal to buy, sell, and consume Delta-8 THC by United States law.

As a disclaimer, we want to state that the information on this website does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general information purposes only. The content of this posting is “as is”. No representations are made that the content is error-free.

Delta-8 Sounds Great,How Can I Try Some?

Great question, and thanks for asking.

(Video) Is it really legal in all states?(Delta8 review)

Now that you’re an expert on Delta-8 legality, it's time to see what you think for yourself. Bay Smokes provides multiple Delta-8 Products in our e-commerce store and are able to ship anywhere in the USA.

Check out our selectionhere, find the right products for you, and be a part of history as a pioneer of this newly popularized cannabinoid.



Is Delta 8 THC Legal? In All 50 States? ›

Delta-8 is currently legal in 30 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, ...

Will Delta 8 get you high? ›

3. Delta-8 THC has psychoactive and intoxicating effects. Delta-8 THC has psychoactive and intoxicating effects, similar to delta-9 THC (i.e., the component responsible for the “high” people may experience from using cannabis). The FDA is aware of media reports of delta-8 THC products getting consumers “high.”

How much THC is legal in Alabama? ›

Delta-8 THC derived from Farm Bill compliant hemp that carries no more than 0.3% THC is legal and available in Alabama. If the hemp carries more than 0.3% THC, it's automatically classified as marijuana, which is a controlled drug on the state and federal levels and illegal to purchase anywhere within the state.

Is Delta 8 legal in Georgia? ›

Under state and federal law, the use, possession, sale, and distribution of delta-8 THC is legal in Georgia. You can purchase delta-8 online or in CBD dispensaries, vape stores, and head shops located all across the state.

What's the difference between Delta 8 and Delta 9? ›

The only chemical difference between Delta 8 and Delta 9 THC is where a particular double bond is located on the chain of carbon atoms. Delta 8 has a double bond on the eighth carbon atom in its molecular structure; Delta 9 has a double bond on the ninth carbon atom.

Does Delta 8 show up on drug tests? ›

Delta-8 is less potent than delta-9, but interacts with the same brain receptors and can produce a “high.” Unfortunately, delta-8 interferes with testing for delta-9 in both presumptive and definitive urine drug tests, according to Quest Diagnostics Medical Science Liaison, Jack Kain, PharmD.

How long does it take for Delta 8 to kick in? ›

The amount of time it takes largely depends on your method of consumption. For instance, if you are taking Delta 8 via an edible (such as a gummy), it might take between 60 to 90 minutes before your body can begin to digest and absorb it. After that, the effects should hit a peak and then last about 3 to 8 hours.

What is stronger Delta 9 or Delta 8? ›

Delta 9 is considerably more potent than Delta 8. Some believe it to be about twice as strong overall. Side effects are also more considerable with Delta 9. These can include paranoid delusions, mental fog, impaired motor skills, and increased feelings of anxiety.

Can you smoke Delta 8 in public in Alabama? ›

A psychoactive cannabinoid found in the cannabis plant is gaining popularity across Alabama. That description may sound like marijuana, but this is different and it's legal. It is called delta-8-tetrahydrocannabinol. "Delta-8 will be legal.

Does Delta 8 have a smell? ›

Delta-8-THC in its purest form doesn't have much of a smell at all. Different types of Delta-8-THC products, however, have different smells that range from fruity fragrances to oily aromas and yes, to the herbal scent of weed.

Can you fly with delta-8 gummies? ›

Can you take Delta-8 gummies on a plane? Usually, the answer is yes! And hemp gummies may hands down be the easiest type of product to carry on a plane. You can generally just leave gummies or other edibles in their original packaging.

Which Delta is the strongest? ›

Delta 8 THC is the stronger of the two. Users report a relaxed and sleepy feeling, which makes this cannabinoid great for use in the evenings. Delta 10 THC, on the other hand, is more like a Sativa strain of marijuana. It provides an uplifting feeling.

Can I take Delta 8 everyday? ›

Delta 8 THC is considered safe because, by itself, it doesn't impact your immune system which means you won't experience munchies, dry mouth, or bloodshot eyes, at least when taking lower doses. However, when taken in higher doses than recommended, then these side effects can might occur.

What is the strongest Delta 8 cartridge? ›

1. Binoid Delta-8 THC Cartridge. Binoid, a brand with a name that makes them sound more like a robot and less like a hemp company, is currently making the strongest delta-8 cartridge that you can get online. Their Guava strain sits at an impressive 99% delta-8 THC mark.

Does Delta 8 have side effects? ›

Delta-8 THC gummies and candies have been eaten by children by mistake, leading to hospitalization. Side effects might include extreme tiredness, low blood pressure, and slowed heart rate.

Does delta-8 help with anxiety? ›

Like garden variety marijuana, delta-8 THC can be vaped or eaten. However, it's rarely smoked. Anecdotally, its fans swear by its benefits – that it helps with relaxation and pain relief without intense highs that can veer into anxiety or paranoia.

Does delta-8 help with pain? ›

Delta-8, like delta-9 THC, can help with inflammation reduction. This will aid in the relief of pain and its symptoms. Delta-8 THC is an effective pain reliever because it alters the user's perception of pain. According to reports, delta-8 is effective in reducing chronic pain associated with Alzheimer's disease.

Does delta-8 have nicotine? ›

Delta-8 cigarettes have become one of the most popular methods of consuming delta-8. However, smoking delta-8 is not addictive since it does not contain nicotine or tobacco. Therefore, it is a habit you can pick up without worrying about addiction or dependency.

Can drug dogs smell Delta-8 edibles? ›

Dan Hayter, founder of K9 Global Training Academy and a former chief of the military drug dog trainer, agrees that edibles aren't impossible to trace. "A dog can be taught to recognize marijuana mixed into flour without too much difficulty," he says.

Can I bring a razor in my carry-on Delta? ›

Safety Razors: Because the razor blades are so easy to remove, safety razors are not permitted in your carry-on luggage with the blade. They're fine to pack in your carry-on without the blade. The blades must be stored in your checked luggage. The same applies for straight razors.

How long does Delta 8 stay in your system urine test? ›

While delta-8 THC's effects last up to five hours in your body, the metabolites can stay in your system for up to 90 days. Luckily, the most common tests can detect metabolites for only a few days. However, if you are a chronic user, the test can yield positive even after 30 days.

Is Delta-10 legal in Georgia? ›

Delta 10 THC is federally legal in the United States and is legal in Georgia! According to state law, which is in line with federal law, Georgia has specifically legalized all Hemp products which contain an acceptable level of Delta 9-THC. In many cases, these are the same laws which brought CBD to your state!

What is the fastest way to get Delta 8 out of your system? ›

The most effective way to clear Delta 8 from your system is to drink plenty of water. This will help you flush more Delta 8 THC via urination and will help dilute the remainder of the THC metabolites in your system.

Does Delta 8 have side effects? ›

Delta-8 THC gummies and candies have been eaten by children by mistake, leading to hospitalization. Side effects might include extreme tiredness, low blood pressure, and slowed heart rate.

Does CBD gummy bears show up on a drug test? ›

Long story short, yes, CBD may yield a positive result on a drug test. There are certain actions you can take to determine whether the product you're buying contains the lowest amount of THC possible, but there's no guarantee that the labeling is accurate due to the lack of regulation of CBD products.

Are Delta 9 gummies legal in GA? ›

No, gummies infused with THC are illegal in Georgia.

Georgia allows the manufacture, distribution, and sale of hemp products with less than 0.3% delta 9 — with the exception of food products.

What is the best Delta 8 cartridge? ›

BudPop – Strongest & Most Potent Delta 8 THC Vape Cartridges. Every milliliter of BudPop's THC cartridge contains 800mg of delta-8 THC, which can hit you in minutes. BudPop is US-based and sources its THC from Nevada. The company offers two cartridge flavors — Strawberry Gelato and Grape Runtz.

How is Delta 9 legal? ›

Delta-9 is the same chemical compound whether it comes from hemp or cannabis, but federal law makes a critical distinction between the plants. The Controlled Substances Act only bans high-THC cannabis and the Delta-9 it contains.


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