Vermont regulators clarified that delta 8 products are not legal under the state’s hemp program.

Vermont adopted the Hemp Rules on May 1, 2020. The Secretary establishes the Hemp Program to conduct research and regulate the growing, processing, testing, and marketing of industrial hemp and hemp products.

These rules ban the use of synthetic cannabinoids in the production of any hemp product or hemp-infused product. The Vermont Hemp Program prohibits the manufacture of delta 8 or its use in hemp products.

Delta 8 is a compound that occurs naturally, in small amounts, in hemp. However, delta 8 can be made synthetically from hemp. Manufacturing delta 8 from CBD is a common way to create delta 8 products. But Vermont producers cannot manufacture the delta 8 cannabinoid from hemp.

The Vermont Hemp Rules expressly prohibit the use of synthetic cannabinoids in hemp products. They want to remind people that manufacturing or labeling products containing delta 8 will be violating the State law. This will risk enforcement by the Vermont Agency of Agriculture, Food and Markets.

They also specify that delta 8 manufactured from hemp may be a controlled substance under federal and/or State law. As a result, anyone who uses, possesses, or distributes delta 8 may face federal and/ or State criminal sanctions.  

Other states are also putting bans on delta 8 so far there are 13 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, North Dakota, Rhode Island, and Utah. But delta 8 is still federally legal under the 2018 farm bill.

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