Cannabis is a hot topic, especially now at the beginning of a year and a new administration coming into the white house. Currently, cannabis is classified as a Schedule I controlled substance by the DEA and has been so since the 1970s. This is thanks to the cannabinoid within cannabis called Delta 9. This cannabinoid causes the psychoactive effects that are commonly associated with cannabis consumption. But there are alternatives that are legal, such as Delta 8. Let’s take a look at the federal laws for Delta 8 as well as Montana state law.

Delta 8

But what is Delta 8? Delta 8 is a less potent and more controllable alternative to Delta 9. Structurally similar, the biggest difference is the placement of a double bond on the molecular level. There’s a double bond on the 8th carbon chain for Delta 8 and a double bond on the 9th carbon chain for Delta 9. This is how Delta 8 is less potent and more controllable than Delta 9 as reported by consumers. How does this difference make Delta 8 legal but not Delta 9?

Federal Law

Back in 2018, the USDA passed the Farm Bill, which defines cannabis as well as hemp. The bill specifically states: 

“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.”

This states that as long as a product contains less than 0.3 percent of Delta 9 within them, then the product is legal to produce and sell to the general public. But just because Delta 8 is considered legal on the federal level doesn’t mean that it is legal in every state. States have their own rules and regulations. It’s how some states have medical cannabis and others don’t. So what does Montana state law say about Delta 8?

Montana State Law 

Unfortunately, Montana has stated that any product derived from cannabis in any way, whether it contains any Delta 9 THC or not. The law states:

“TITLE 50. HEALTH AND SAFETY. CHAPTER 32. CONTROLLED SUBSTANCES. Part 2. Scheduling of Dangerous Drugs

50-32-222. Specific dangerous drugs included in Schedule I.

(4) Hallucinogenic substances. (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:
(i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;
(ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and
(iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers”

So, no matter what the product is, a psychoactive cannabinoid or a therapeutic one, it is not allowed within the state. Montana has always been very adamant about keeping cannabis and all products from it out of the state, and it seems like that will continue for the time being. 

Research state and federal laws before purchasing and consuming any Delta 8 products as laws are always subject to change. Make sure to check back for more cannabis and hemp related news.