Delta 8 is a recently available cannabinoid that is readily available to the general public. Because of its close relationship with Delta 9, the main psychoactive cannabinoid found within the cannabis plant, there can be some confusion on whether or not Delta 8 is legal to sell and consume or not. There is a federal law that says, yes, Delta 8 is legal to sell to the general public. Then there are state laws that say otherwise. Let’s try to clear up some of the confusion and take a look at Connecticut state law and Delta 8.

2018 Farm Bill

Back in 2018, the USDA passed the Farm Bill, which has several different classifications on farming and agriculture, including the cannabis plant. Under this law, if a product has any derivatives, isomers, and cannabinoids that are found within hemp and contain less than 0.3 percent of Delta 9, then it is legal to sell. Delta 8 is an isomer of CBD, which is a derivative of CBD and a cannabinoid found within hemp.

Delta 8 is also structurally different from Delta 9. There is a difference in a double bond in the carbon chain between these two cannabinoids. Delta 8 has a double bond on the 8th carbon chain. Delta 9 has a double bond on the 9th carbon chain. This difference is what really defines Delta 8 from Delta 9. It also makes Delta 8 legal to produce, sell, and consume on the federal level.

But just because Delta 8 is legal on the federal level does not mean each state says Delta 8 is legal. 

Connecticut State Law

Fortunately, Connecticut State Law does say that Delta 8 is legal within the state to sell and consume. It states:

“‘Marijuana’ does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such plant which is incapable of germination, or industrial hemp

The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

This section of the Connecticut State Law says industrial hemp is not under the same classification as marijuana. Industrial hemp is classified as a part of the plant, whether it is grown from the plant or synthesized. Plus it contains less than 0.3 percent of Delta 9. Since Delta 8 is synthesized in labs, it falls under this jurisdiction of the law. This classification is what makes Delta 8 legal to consume and sell within the state of Connecticut.

Laws are always subject to change, so do your research before purchasing or consuming Delta 8 products. Make sure to check back for more cannabis and hemp related news.