Many states have changed their laws to accommodate for various cannabinoids. This includes a newer one available to the general public called Delta 8. But does that mean that Delta 8 is legal on the federal level and in Illinois?

Federal Law

On the federal level, Delta 8 is legal. In 2018, the USDA passed the Farm Bill. This bill states a product that contains less than 0.3 percent of Delta 9 in the finished product and is derived from industrial hemp, the it is legal to produce, sell, and consume on the federal level. Delta 8 is structurally different from Delta 9 on the molecular level. This allows the cannabinoid to be less potent and more controllable than its cousin. Delta 9 is the main component of cannabis that creates the high consumers seek. 

Because Delta 8 is different from Delta 9, that means that products that contain Delta 8 don’t have any Delta 9 in them. This keeps Delta 8 products legal because they contain less than 0.3 percent of Delta 9 in the final product. But just because Delta 8 is legal on the federal level doesn’t mean that it is legal in every state.

Illinois State Law

What does this mean for Illinois’s state law when it comes to Delta 8. Illinois defers to the same rules and regulations of the Farm Bill, making Delta 8 legal within the state to sell, produce, and consume. The law states:

“‘Industrial Hemp’ means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis that has been cultivated under a license issued under the Act or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.”

As long as a product contains less than 0.3 percent of Delta 9, then it is legal to sell and consume in Illinois. Laws are always subject to change, so always research before purchasing and consuming Delta 8 products. Make sure to check back for more cannabis and hemp related news.