Rules and regulations can be confusing to read and understand, especially when it comes to federal and state laws. So let’s break it down. The big question is, is Delta 8 legal? The answer is both yes and no. Federally, Delta 8 is legal. But Delta 8 in Iowa is not so lucky.

Federal Law

Federally speaking, Delta 8 is legal thanks to the Farm Bill passed by the USDA in 2018. This bill states that as long as an industrial hemp product, whether synthetic or grown, that contains less than 0.3 percent of Delta 9 in the final product, it is legal to produce and sell on the general market. 

Now, Delta 8 is different from Delta 9, specifically on the molecular level. Each has a double bond present along the carbon chain, but in different places. Delta 8 has the double bond on the 8th carbon chain. On the other hand, Delta 9 has a double bond on the 9th carbon chain. This double bond difference is what makes the difference in classification. 

See, Delta 9 is the main cannabinoid within cannabis that creates the sense of euphoria that consumers seek. It’s a psychoactive cannabinoid and the main reason for cannabis regulation. Delta 8 is also a psychoactive cannabinoid, but to a lesser degree because of the double bond difference. 

Delta 8 has been reported to be less potent than Delta 9, helping consumers remain in control of their euphoria while remaining lucid and functional. This is what is the most appealing about Delta 8. Plus, since the final product contains only Delta 8 and not Delta 9, then it is legal to sell and produce. But just because something is federally legal, doesn’t mean that it is legal in every state.

Iowa State Law

So, what about Iowa? Iowa has stated that any type of product that has hallucinogenic and/or psychoactive properties to it is considered a controlled substance. The law states: 

“Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of…hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.”

So any substance, whether it is related to cannabis, Delta 8, or other, is considered a controlled substance. This makes Delta 8 illegal to sell, produce, or consume in Iowa. While this does put a bit of a damper on consumers, laws are always subject to change. So always research local rules and regulations to see if Delta 8 is legal in your state.

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