A question that is being asked more and more is: What is Delta 8? Delta 8 is a psychoactive cannabinoid similar to Delta 9. Delta 9 is the main cannabinoid found in cannabis that creates the euphoric state consumers look for when they take cannabis. Both cannabinoids are very similar in what they do for consumers. But Delta 8 is less potent and more controllable than Delta 9. This is thanks to the structural difference on the molecular level. Delta 8 has a double bond on the 8th carbon chain. Whereas Delta 9 has a double bond on the 9th carbon chain. 

So, if Delta 9 is illegal because it is the main component of cannabis, what does that mean for Delta 8? Thanks to the Farm Bill, Delta 8 is federally legal. Here’s how Delta 8 is legal in Minnesota and across the country. 

Federal Law

Back in 2018, the USDA passed what is called the Farm Bill. This bill set definitions of cannabis, hemp, and many other aspects of the agricultural industry. The section that Delta 8 falls under is industrial hemp. The bill states:

“(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

As long as a derivative of hemp contains less than 0.3 percent of Delta 9, then the product is federally legal. Since Delta 8 is structurally different from Delta 9, Delta 8 products don’t contain any Delta 9 within them. That’s how Delta 8 is legal and Delta 9 is not. 

But just because something is legal on the federal level doesn’t mean that it is legal within each state. States create their own rules when it comes to cannabis and its derivatives. It’s how some states have legalized recreational and medical cannabis and others have not. So what does Minnesota state law say about Delta 8?

Minnesota State Law

Minnesota has adopted the same definition of industrial hemp as stated in the Farm Bill. So Delta 8 is legal within the state. Minnesota state law further states:

“Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:

“(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol”

This just further states that derivatives of cannabis that are part of the THC family and don’t contain any Delta 9 within their final products, then it is legal to sell to the general public. Laws are always subject to change, so research the rules in your state before consuming Delta 8 products.

Make sure to check back for more cannabis and hemp related news.