Delta-8 THC, a cannabinoid that is commonly hemp-derived and not to be mistaken for delta-9 THC, has gained great popularity in the past few years. As more light is shed onto delta8 products, it is without a doubt expected to see questions and concerns arise over delta 8. How delta 8 is legal, and whether or not you can get arrested for having delta 8, are just a couple of the countless things to know about this cannabinoid. In this article, we want to go over everything you need to know about delta 8 legalities, and to help prevent you from getting into the wrong side of the law.
How is Delta 8 THC Legal?
First, many if you may be wondering how delta 8, and other cannabinoids magically showing up on the market like HHC and THC-O, are capable of being legal. As of now, the 2018 Farm Bill is the current reference point for determining whether or not delta 8 is federally legal. When that bill was passed, all 50 states had legalized hemp and delta 8. Since then, states are creating regulations to control hemp-derived cannabinoids until either the 2023 Farm Bill is passed, or when the Food and Drug Administration decides to provide guidelines on hemp regulation.
Why Isn’t Delta 8 THC Legal In Every State?
Since states have set their own laws in controlling hemp products, it has caused confusion for many especially when traveling to other states. Now, everyone in the U.S. must stay as up-to-date as possible with their state’s hemp laws to make sure delta 8 is still on the menu.
Over a quarter of the United States has explicitly prohibited delta 8. These states include:
- Alaska
- Arizona
- Colorado
- Connecticut
- Delaware
- Idaho
- Iowa
- Mississippi
- Montana
- Nevada
- North Dakota
- Rhode Island
- Vermont
- Virginia
- Utah
- Washington
- Oregon
In all of these states, it is illegal to manufacture, distribute, possess, or consume delta 8 THC products.
Where is Delta 8 THC Legal?
Since 2018, over half of the U.S. has kept delta 8 legal. These states include:
- Alabama
- Arkansas
- Florida
- Georgia
- Hawaii
- Illinois
- indiana
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Missouri
- Nebraska
- New Hamshire
- New Jersey
- New Mexico
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Virginia
- West Virginia
- Wisconsin
- Wyoming
- Washington D.C.
These states may have legalized delta 8 for the time being, but this list is only temporary. The laws for delta 8 and other cannabinoids among the states are changing practically every month. It is important for you to look up your state’s laws to make sure the possession and consumption of delta 8 products are legal.
Can You Be Arrested For Delta 8 THC?
Now that you know where delta 8 products are legal and illegal, let us go over whether or not you will be arrested if you are traveling with delta 8 in an illegal state.
Even if you are traveling in a legal state for delta 8, it is best to travel with caution. Delta-8 THC products derived from hemp can look incredibly similar to Delta-9 THC products made from marijuana. This may make it difficult for law enforcement to differentiate between the two.
Since possessing delta 8 may already seem inherently risky and a bit of an explanation if you are stopped by the police, having delta 8 in a state where it is completely illegal is an even greater risk. If you are caught in a state that prohibits delta 8 products, you can best believe you may be due for an arrest and face criminal charges.
Can You Get Arrested For Smoking Delta 8 THC?
Unfortunately, If you are smoking delta 8 products in an illegal state, it is likely you will face the risk of being arrested if you are confronted by law enforcement.
Can You Be Prosecuted For Delta 8 Consumption?
Being prosecuted for consuming delta 8 products may be rare, but is still possible. One instance to where you are practically garanteed to be prosecuted for consuming delta 8 is if you are on bond or probation, and have received a court order for which you cannot possess or consume any cannabinoids, regardless if they are from hemp or marijuana.
Hopefully, this situation does not apply to you. If it does, we highly recommend you do not go against a judge’s orders unless you are willing to face severe consequences.
Can You Fail A Drug Test After Using Delta 8?
Drug tests, unlike laboratory tests, were not designed to differentiate between delta 8 and delta 9 THC. As a result, you will turn out positive for THC, regardless of which one you consume. Looking to use a delta 8 product and a drug test is on your horizon? We highly recommend you do your best to avoid temptations, especially if you are on probation, as it will show up on the test.
Can You Bring Delta 8 THC On A Flight?
On a federal level, it is currently legal to fly with delta 8 products. However, if you are entering or leaving a state where delta 8 is illegal, you will be breaking the law. To be extra cautious, we recommend contacting the airline company directly to find out about their hemp policies and whether or not it is safe for you to fly. For more information, we recommend checking out our article discussing more details over whether or not it is safe for you to fly with hemp-derived cannabinoids.
Delta 8 Alternatives
You can’t use delta 8 products to beat your drug test, nor can you fly with it to any illegal states. What else can you do? Fortunately, there are other cannabinoids that you can still enjoy!
HHC is the Best Alternative to Delta 8 THC
There are other psychoactive cannabinoids on the market that are also produced from hemp and are federally legal. HHC, another derivative of THC, is a cannabinoid that also produces a “high” like effect. Although different from the experiences given by Delta 8 and Delta 9 THC, HHC is still the best alternative to either, especially in states where marijuana and delta 8 are either regulated or banned.
If you are interested in finding out what HHC has to offer you, we recommend checking out our high quality HHC vapes and gummies by Mints!
Hemp-Derived Delta 9 THC
If you are still a fan of delta 9 THC and need to stick to your roots, have no fear, there is still a way to get your delta 9 fix.
There is such as thing as hemp-derived delta 9 THC, however, these products must still remain compliant with being below 0.3% THC by weight to meet federal regulations. With that being said, it is possible to consume delta 9 in a state where delta 8 is illegal, however, it will not be as potent due to the federal limitations.
Delta 8 THC Key Takeaways
Keeping up with the laws for delta 8, or any cannabinoid for that matter, can be daunting. Nonetheless, it is important to do your best to remain as updated as possible with your local cannabis laws. If you are unsure about your local delta 8 laws, contacting a government official is the best way to find out. It is in their interest to keep you out of harms way.
There may be a lot of homework and research to do, but finding out whether or not it is safe for you to consume and possess delta 8 products will be worth it. Once you are ready to enjoy some delta 8, feel free to check out our shop! Otherwise, feel free to further your knowledge in the cannabis industry by checking out our blog!
