Delta-8 THC and its products have become the face of all controversy as they face the problem of legality in several states in the US. In this event, it is very difficult to find Delta8 consumables in places where strict regulations have been placed by the authorities. Read this feature to know more about Delta-8 THC’s legality in the US.
What is Delta-8 THC?
Delta-8 THC is a cannabinoid found naturally in cannabis but typically in small amounts. The chemical structure of Delta-8 THC is similar to that of its well-known brother, Delta-9 Tetrahydrocannabinol (Delta-9 THC). Delta-9 THC is the main psychoactive compound found in marijuana. Both Delta-9 and Delta-8 are forms of THC. Delta-8 is most commonly converted in a laboratory from Delta-9 THC or CBD. Delta-8 is also referred to as marijuana-lite in popular culture.
Is Delta-8 THC legal?
Delta-8 THC is the latest and greatest in the hemp industry. But with “THC” in the name, folks are sceptical about its legality.
The federal legalization of hemp through the 2018 Farm Bill removed restrictions on the Delta-8 THC. Products containing Delta-8 THC are completely legal as any part of the cannabis plant including all derivatives, extracts, and cannabinoids, that contains less than 0.3% Delta-9 Tetrahydrocannabinol by weight.
But in some states, Delta-8 THC is illegal until now. Every state has its own laws and regulations.
The legality of Delta-8 THC comes under one of four categories:
- Completely legal
In several states, Delta-8 THC is completely legal which means the use, sale, purchase, distribution, and production of Delta-8 THC products are completely legal without any risk of penalty or prosecution. You can buy Delta-8 products over the counter at gas stations, weed, vape shops, and even online. Delta-8 THC is sold as candies, oils, edibles, beverages, vape pens, and in many more forms.
Delta-8 products are currently available in 32 states in the United State of America.
The names of these states where Delta-8 products are legal are given below-
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, Wyoming, and Washington D.C.
You will get DELTA-8 THC only from licensed retail cannabis stores in Connecticut and Michigan.
- Legal grey area
Some states come under the legal grey area where the law is not properly clear to all. Without a clear statement of state authority, it is not clear whether Delta-8 is legal, partially illegal, or completely illegal. The names of the three states are Arizona, California, and Mississippi where the legality of Delta-8 THC is unclear.
Several states in the United States of America ban Delta-8 THC which means the use, sale, purchase, distribution, and production of Delta-8 products are completely illegal and you have the risk of penalty or prosecution.
Delta-8 THC is completely illegal in 13 states. The names of these states are- Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.
The Delta-8 THC Controversy
You can see that Delta-8 THC is a very controversial substance. In 32 states, Delta8 is legal, but Delta-8 products may be restricted to licensed adult-use marijuana dispensaries or may be totally banned in near future in these states also.
By using the loophole of Farm Bill 2018, hemp-derived Delta-8 gets its legality in some states.
According to the bill, hemp-derived products containing less than 0.3% Delta-9 Tetrahydrocannabinol by weight are legal but there is no such limit for Delta-8 THC.
Delta-8 THC is banned in several states because of unclear federal guidelines. This is the main reason which pushed Delta-8 into a legal grey line. Is Delta-8 an illegal substance or a controlled substance or it should be completely prohibited? These questions are real and create controversy.
The process is used to convert Delta-8 THC from Delta-9 THC making it a synthetic product. But, many folks consider it natural, which is not the case. Being synthetic, the problems of legality have often turned controversial.
One more controversy about Delta-8 THC is that it contravenes the Federal Analog Act 1986. According to this act, substances that are substantially similar to controlled drugs are completely banned.
Hempercamp, the leading CBD and hemp reviewing website, consider Delta-8 THC a sensational substance and is ridiculously famous in the United States of America. It is used for both, recreational effects as well as herb-based value. Although the delta-8 market is exploding with new product launches and innovation, several states have placed restrictions on Delta-8 THC, which may have ruined the fun for many.