Why is Delta 8 THC Legal?

For states that have banned Delta-9 THC and cannabis products, there may be a legal solution to consume THC. Delta-8 THC, a cannabinoid that is derived from hemp, has become a champion for people who want to legally experience THC in a less anxiety inducing way. If you are unfamiliar with Delta-8 THC, you are probably filled with questions pertaining to the legalities of this cannabinoid. Through this guide our goal is to help you gain a better understanding of why and how Delta 8 THC is legal, what makes Delta 8 THC legal, and whether or not Delta-8 THC is legal for you to consume in your local area.

The 2018 Farm Bill and the DEA Rule

In 2018, hemp and its derivatives became federally legal in the United States. Because of this law, the hemp industry has been able to isolate cannabinoids naturally found in hemp such as Delta-8 THC. In 2020, the DEA further clarified the distinction between hemp and cannabis. Before you look into these laws, we want to first provide you with a breakdown of what these laws mean to better determine where and how you can legally consume Delta-8 THC today and in the future. 

Before we dissect the 2018 Farm Bill, we want to disclose that this page and website is for informational purposes only and is not meant for legal advice. Even though the 2018 Farm Bill applies to the entire United States, state laws are able to regulate hemp and cannabis products at their discretion. Make sure to stay up to date with your local state laws to avoid getting into any legal conflict.

In August 2020, the 2018 Farm Bill was amended to include additional rules and regulations set by the DEA. These additional rules are a reiteration of the original Farm Bill. This change in short states the “DEA’s regulatory authority over any plant with less than 0.3% THC content on a dry weight basis, and any of the plant’s derivatives under the 0.3% THC content limit, is removed…”

Within this change, “THC content” is defined as Delta-9 THC. Delta-8 THC is not included, which implies that Delta-8 THC is legal to consume within a federal level. Additionally, the definition of “Tetrahydrocannabinol” was updated within the Schedule of Controlled Substances to exclude “any material, compound, mixture, or preparation that falls within the definition of hemp” which is defined in the 2018 Farm Bill.

Overall, such as long as your Delta-8 product is derived from hemp and contains less than 0.3% Delta-9 THC, you can consider your product to be federally legal hemp. Check out our article discussing more detail between the legal difference between hemp and marijuana. Now, let’s dive deeper into the meaning of what hemp derived Delta-8 means, and how that is different from THC that is synthetically derived.

Delta 8 THC is Legal as Long as it was Produced From Hemp

As we better understand cannabinoids and their chemical makeup, new products with synthetically produced THC and other cannabinoids will be introduced into the market. As a result, it may be helpful to understand the difference from synthetically derived and naturally derived cannabinoids, particularly Delta-8 THC. On our website, all Delta-8 THC oil in our products are derived from hemp and not from any other plant or chemical, making our products all natural in how they are produced. 

Unfortunately, other businesses in the CBD industry may not always create their products from hemp. To ensure that we are providing high quality Delta-8 products that are naturally extracted from hemp, we provide lab test results and update them periodically with our producers to ensure that every batch is consistent. These lab tests are put together by testing facilities that are registered with the DEA and are put to the highest standards to meet the toughest state regulations across the country.

What can we Expect for the Future of Delta 8 THC?

Delta-8 THC is less psychoactive than Delta-9 THC; however, because it still induces psychoactive effects, we can speculate that states will continue to try and regulate Delta-8 THC products. There are already a handful of states that are currently regulating Delta-8 THC even if it is derived from hemp. Once again, make sure you do your due diligence in checking with your local state laws to see whether or not Delta-8 THC is legal to consume.

We hope you have been able to gain a better understanding of what makes Delta-8 THC legal, and have more confidence when purchasing these products in your area. If you are in a state where Delta-9 THC is against the law, check with your laws to see if Delta-8 THC can be a legal alternative for you! For more information click here.

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