Is Delta 8 Legal? Here’s What You Need to Know

Today, marijuana use is a hot-button topic, but people have been enjoying the substance for millennia. Archeologists in western China recently unearthed 2,500-year-old smoking paraphernalia, marking the oldest instance of cannabis usage.

The incredibly popular recreational drug has taken many forms over the years, and marijuana in the form of Delta-8 THC has recently grabbed the spotlight.

Is Delta-8 legal? This form of THC exists in a legal gray area thanks to its unique synthesization process, and many users report positive effects despite the fact that Delta-8 THC lacks strong psychoactive properties.

Read on for everything you need to know about this new form of marijuana, and to answer your question, “How is Delta-8 legal?”

Is Delta-8 Legal in Your State? 

Under federal law, Delta-8 is perfectly legal. The United States government cannot stop you from possessing, ingesting, or distributing Delta-8 THC.

However, your individual state may have something to say about it. 19 states have banned or restricted the sale of these THC products, citing the need for additional research into this popular new drug.

They are Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, New York, North Dakota, Oregon, Rhode Island, Texas, Utah, Vermont, and Washington.

Alabama, Illinois, and Oklahoma have pending legislation seeking to ban Delta-8 THC or limit its distribution.

How Is Delta-8 Legal?

On December 20th, 2018, the 2018 United States Farm Bill came into effect. This bill legalized the production of hemp, which provides the loophole that makes Delta-8 legal at the federal level.

According to the government, hemp is classified as cannabis that contains less than 0.3% Delta-9 THC, the psychoactive ingredient that gives traditional marijuana its trippy effects.

However, Congress neglected to set any specifications for Delta-8 THC. Therefore, it is considered a hemp product and is unrestricted. 

What are the Effects of Delta-8?

Delta-8’s effects are similar to your typical Delta-9 marijuana. However, many users report that it’s a much more “mild” experience. 

Delta-8 THC users claim to feel focused and relaxed, but not at all jittery or paranoid like can sometimes occur when imbibing on Delta-9.

This means Delta-8 could be a better introductory experience for someone looking to try THC products for the first time. Additionally, those who use marijuana for its medicinal effects may be more comfortable with Delta-8.

However, you should still exercise caution when using Delta-8 products. The milder effects could lead one to ingest too much and have an unpleasant experience.

How Is Delta-8 Consumed? 

Delta-8 THC and traditional marijuana are enjoyed in many of the same forms. It can be smoked, vaped, or made into an edible. 

Edibles tend to have the strongest effects, but it may take a while before you notice them. Gummies are a wildly popular edible, and and has a wide variety of flavors. 

It’s Legal in Many States

Is Delta-8 legal? The answer depends on what state you live in, but it is currently unrestricted at the federal level thanks to congressional oversight. At the state level, only 19 states have moved to restrict Delta-8 THC.

If you liked this article, check out the rest of our blog for more on how the law and your lifesyle intersect.


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