Is Delta 8 Legal in the US?


There are two major questions asked when it comes to Delta 8. What is it? And is it legal? Let’s find the answers together, shall we?

Delta 8

Delta 8 is a cannabinoid found within the cannabis plant. It’s a psychoactive compound that creates a high in it’s users, but to a lesser degree than standard cannabis consumption creates. This is because Delta 8 is a less potent cannabinoid than Delta 9, which is the main psychoactive compound that creates the typical sense of euphoria and high that consumers seek. 

How is this possible? It all comes down to the molecular structure of each THC. Delta 8 has a double bond on the 8th carbon chain while Delta 9 has a double bond on the 9th carbon chain. This little difference is what makes Delta 8 a lesser psychoactive. Because Delta 8 is less potent, consumers of this cannabinoid find themselves being more in control of their high while still being aware of what is going on around them. 

Delta 8 is also known to not have any of the side effects commonly associated with getting high on Delta 9 products, such as a cloudy and increased paranoia and anxiety. Many consumers find Delta 8 a better product for themselves because they reach a sense of euphoria, are in control of the situation, and don’t have any of the side effects that can put a damper on any euphoric high consumers look for. 

Federally Legal

Delta 8 sounds like a pretty awesome product that can help several people ease their anxieties. I personally use it to help with my insomnia so I actually get restful sleep instead of staring at my wall or ceiling for hours on end. But is Delta 8 THC legal?

Federally, yes. Delta 8 can be sold on the legal market thanks to the 2018 Farm Bill. As long as a product has less than 0.3 percent of Delta 9, the more potent psychoactive cannabinoid, then the product is considered legal and can be sold by manufacturers to the general public. 

Delta 8 is physically different from Delta 9 because of the carbon double bond.

Is Delta 8 State Legal?

This is where the classification of Delta 8 gets a little confusing. Even though Delta 8 is federally legal, each state still has its own laws regarding Delta 8. Surprisingly, most states have stated that Delta 8 is legal, using the same classifications as the federal law. As long as there is less than 0.3 percent of Delta 9 within the product, then it is legal to sell. 

Below, we’ve broken down each state’s law:

Alabama, Alaska, Arizona, Arkansas
California, Colorado, Connecticut
Idaho, Illinois, Indiana,Iowa
Kansas, Kentucky
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana
Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota
Ohio, Oklahoma, Oregon
Rhode Island
South Carolina, South Dakota
Tennessee, Texas
Washington, West Virginia, Wisconsin, Wyoming

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