Cannabinoids have been gaining a lot of attention lately. One in particular is Delta 8. And this is thanks to the USDA’s new law that legalized hemp on the federal level. 

Delta 8 is less potent and more controllable than Delta 9, and this is thanks to their molecular structure. There’s a difference in double bonds. Delta 8 has a double bond on the 8th carbon chain. Whereas Delta 9 has a double bond on the 9th carbon chain. This difference is what separates these two cannabinoids and why one is considered to be federally legal and one is still a controlled substance.

Federal Law

The USDA passed the Farm Bill in 2018 that defined hemp and marijuana separately. This is something that hadn’t been done since the 1970s. Back then, the Controlled Substances Act was created and stated that anything to do with the cannabis plant, whether it had psychoactive properties to it or not, was considered an extreme danger to the general public and was placed on the Schedule I drug list. Because of this classification, any usage or research into hemp and the cannabis plant wasn’t allowed. 

But now that hemp is defined separately from marijuana, the hemp industry has begun to boom. The Farm bill defines hemp as:

“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.”

So, as long as a product contains less than 0.3 percent of Delta 9, then it is legal to grow, produce, sell, and consume by the general public on the federal level. But what is Delta 9? This is the main psychoactive cannabinoid found in marijuana that creates the high that consumers are aiming for when they take marijuana. But why is Delta 9 the dangerous cannabinoid and Delta 8 is not?

But just because hemp, and therefore Delta 8, is considered federally legal doesn’t mean that it is legal in every state. Each state makes their own rules and regulations when it comes to hemp growth and distribution. So, what does Washington state law say about hemp and Delta 8?

Washington State Law

Washington state is like many others who adopted the definition of hemp from the Farm Bill. As long as products contains less than 0.3 percent of Delta 9, then it is legal within the state. The state law goes on to state: 

“‘Controlled substance’ means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp as defined in RCW 15.120.010.”

This added definition says hemp, and therefore Delta 8, will not be considered a controlled substance in Washington. This is huge for the hemp industry. They now have the liberty of making products they want and make them accessible to the public. But laws are always subject to change. Research the laws in your state before purchasing and consuming any Delta 8 products.

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