Delta 8 is a cannabinoid that is taking the hemp industry by storm. Not only does it offer some of the same effects that Delta 9 offers, it is federally legal for the general public to sell, produce, and consume. Let’s go ahead and break down the federal laws for Delta 8 as well as in Oregon. 

Federal Law

Back in 2018, the USDA approved the Farm Bill, which was the first time that hemp and cannabis had been defined separately since the 1970s with the Controlled Substances Act by the DEA. This act stated that anything that came from the cannabis plant, whether it had psychoactive effects on people or not, was considered dangerous and illegal to the general public. This is also when the drug scheduling came into effect. Cannabis is considered a Schedule I drug, which is the highest classification of drugs. The drugs on the Schedule I list are considered to be incredibly dangerous with potentially severe psychological or physical dependence in consumers. Other drugs in this schedule include: LSD, meth, peyote, and ecstasy. 

But with this seperation of definition between cannabis and hemp, the hemp industry was able to take off. Hemp is defined as:

“…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.”

So, as long as a product contains less than 0.3 percent of Delta 9 within it, then it is considered federally legal to grow, produce, sell, and consume across the nation. However, just because hemp is considered legal on the federal level doesn’t mean that it is legal in every state. Each state makes their own laws and definitions when it comes to hemp and its products. It’s how some states have legalized medical marijuana and others haven’t. What does Oregon state law say about hemp?

Oregon State Law

Oregon is part of the majority of states that have adopted the hemp definition the USDA created in the Farm Bill and placed it within their own state laws as well. So, hemp is legal within the state of Oregon. And since Delta 8 THC is considered to be hemp, because it contains less than 0.3 percent of Delta 9 within the final products, it is considered legal within the state. Oregon state law goes on to say: 

“(16) ‘Industrial hemp’:
(a) Means all non-seed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.
(b) Means any Cannabis seed:
(A) That is part of a crop;
(B) That is retained by a grower for future planting;
(C) That is agricultural hemp seed;
(D) That is for processing into or for use as agricultural hemp seed; or
(E) That has been processed in a manner or to an extent that the Cannabis seed is incapable of germination.”

The law goes into further detail about what hemp is and is not while being grown and produced in Oregon. This makes it easier to understand how to use and produce Delta 8 products. However, laws are always subject to change. Research the laws and regulations for your state before purchasing and consuming any Delta 8 products.

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