Since the legalization of hemp-derived CBD products, many new and exciting products have made their way into the market. One of the most exciting of these products is an isomer of the popular intoxicating substance THC, called Delta 8. However, due to its closeness to THC, a federally controlled substance, potential new consumers often ask themselves, “is Delta 8 Legal?”
Additionally, because the world of hemp products is constantly evolving and changing, it can be even more unclear if Delta 8 is legal. Simply put, Delta 8 THC is legal on a federal level and available in many stores across the country. Still, the rules are ever-changing, so we are here to give you all the information you need to enter the world of Delta 8.
Table of Contents
What Is Delta 8?
Delta 8 is a mood-enhancing compound found in the cannabis Sativa plant. Unlike CBD, Delta 8 is in very small concentrations in the cannabis plant. This makes direct extraction processes an ineffective option.
Instead of being extracted this way, Delta 8 is made through a synthetic conversion process known as isomerization. During isomerization, technicians first extract CBD from hemp and then chemically transform it into Delta 8 THC! The product we get from this process is all-natural, clean, and solventless.
Federal drug schedules include Delta 8 THC on a list of controlled substances due to its chemical similarities to THC (despite its nature as a hemp-derived product).
What Are The Benefits & Effects Of Delta 8 THC?
Delta 8 is desirable for many due to the balance of effects it produces. These effects are similar to what you could experience with Delta 9 THC consumption, but their differences are some of the main benefits consumers value. Some characteristics prized by consumers of Delta 8 THC include:
- Uplifting, euphoric effect
- Calming
- Promotes consistent sleep schedule
- No overwhelming effects
Delta 8 provides mood-enhancing effects similar to THC without the feelings of intoxication. As such, it is a great option for consumers who want to avoid becoming overwhelmed or overly intoxicated.
Side Effects
In many ways, Delta 8 THC is a somewhat lighter, more mellow version of the ever-popular Delta 9 THC, which is a psychoactive substance. D8 is a well-tolerated cannabinoid that will more often than not produce zero side effects. However, consumers can experience side effects following consumption, especially if they are new to cannabinoids, in a bad state of mind before consumption, haven’t eaten anything, or are taking conflicting medications.
Some side effects that may occur as the result of Delta 8 consumption include:
- Lethargy
- Red eyes
- Diarrhea
- Dizziness
- Nervous behavior
- Memory loss
If you are currently prescribed any medications, we recommend you speak to a licensed professional to avoid potentially serious health risks.
Is Delta 8 Legal?
Federal law moves quickly when it comes to rulings regarding cannabis products in the United States. Because of that, it is sometimes unclear whether Delta 8 is legal! Put simply, Delta 8 is, in fact, federally legal in the U.S. due to its nature as a hemp-derived product protected under the 2018 Farm Bill. The Farm Bill is the primary determining factor that allows Delta 8 to be sold in the U.S. due to Delta 8’s lack of significant amounts of Delta 9 THC.
When producing the plants needed to create Delta 8 THC, hemp growers must maintain a THC level at or below 0.3%. If the THC level exceeds this threshold, the plants must be destroyed.
This protection allows Delta 8 to be sold in many stores across the U.S. You can find Delta 8 online, but it is often sold in smoke shops, gas stations, and in states with legal marijuana dispensaries. Although it is federally legal, there are some extra considerations with state law and how law enforcement treats Delta 8 state by state.
Is Delta 8 Legal In All 50 States?
Technically speaking, Delta 8 remains federally legal so long as it is from hemp. But its legality can change state-by-state. Because these laws are constantly evolving, it is at times difficult to keep up with the news.
Recently, some states have begun restricting access to Delta 8 products either through more defined regulations or outright banning. These regulations are often in a state of flux or contain unclear caveats. Because of this, it’s important to ensure you keep aware of the specifics surrounding Delta 8’s legality.
In Which States Are Delta 8 Products Legal?
Delta 8 products are currently seeing a boom of interest from consumers because of their recreational and therapeutic value. But as a controlled substance, the drug enforcement agency is cracking down on its sale and consumption in states where it is no longer legal.
Some states have taken legal actions of this kind. Still, many others have kept Delta 8 legal: Alabama, California, Georgia, Florida, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Virginia, Washington, West Virginia, Wisconsin, Wyoming, Washington D.C.
Note: this list is subject to change at the will of state health services and the federal government.
In Which States are Delta 8 Products Restricted?
It’s pretty straightforward to understand what it means for a substance to be legal or illegal, but many states have more nuanced laws surrounding Delta 8. Generally speaking, in these states, Delta 8 is regulated much like recreational cannabis and lawful marijuana extracts.
Connecticut
Delta 8 is regulated in Connecticut, so consumers can only buy D8 from licensed dispensaries. The state considers substances like Delta 8 and other THC isomers as THC/marijuana products.
Michigan
In Michigan, officials regulate Delta 8 in the same manner as recreational cannabis. Because of this, it is illegal to sell any Delta 8 products outside of licensed distributors.
Nevada
Nevada recently added Delta 8 to its definition of THC, meaning that now people can only buy it through the state’s mandated legal marijuana program. Due to this, shipping Delta 8 products from outside of the state may be subject to restrictions or potential enforcement action.
Are All Delta 8 Products Legal?
With the varying FDA restrictions surrounding Delta 8, some consumers may wonder which consumption methods are legal. Luckily, in any state where Delta 8 is available, consumers will have the option to buy Delta 8 products in a variety of different forms suited to their needs. Some favorite Delta 8 THC products you can find offered by CBD companies are:
- Delta 8 Flower: Manufacturers make Delta 8 Flower by taking CBD-rich hemp flower and applying Delta 8 THC distillate to its surface. The result is a full spectrum Delta 8 flower product perfect for smoking or vaping!
- Delta 8 Vape Juice: Vaping is a great way to get the full flavors of consumable hemp products without having to inhale harsh smoke or create a lingering smell. To make Delta 8 vape juice, manufacturers mix hemp extract with a carrier oil, allowing for the extract to be vaporized when heated.
- Delta 8 Edibles: Edibles are another subtle and effective way to consume Delta 8. Most often, you will find edibles in the form of gummies or other sweets. But sometimes, you’ll find edibles in the form of tinctures, baked goods, and even sodas!
- Delta 8 Softgels: If you are someone who loves the effects of Delta 8 THC but could do without the flavor of hemp, Delta 8 softgels could be a great option for you. Like other edibles, you can consume softgels without being conspicuous, providing its benefits without drawing unnecessary attention.
Can Delta 8 Products Be Shipped in the United States?
Delta 8 is a hemp-derived product legal under the 2018 Farm Bill. It is legal to ship in many states across the U.S. In states where Delta 8 is legal, it should be easy to have Delta 8 products shipped directly to you. However, in states listed as regulated, the rules may be different.
Many regulated states will restrict Delta 8 access to licensed dispensaries and cannabis retailers. This means in some of these states, it may be illegal to have Delta 8 products shipped to your home.
Before attempting to receive any Delta 8 products through the mail, be sure to research the legality in your particular state.
Where Can I Buy Compliant Delta 8 Products?
Now that you know where Delta 8 products are legal, you might be interested in finding some for yourself. In that case, know you have options! Many companies have popped up because of the Delta 8 boom, saturating the market with low-quality products intended to cash in on a hot trend.
In many states, you will have access to reliable suppliers like licensed dispensaries, but in others, you might not know where to turn. It can be overwhelming to sift through the options in these states, as you can find Delta 8 in common places like convenience stores and gas stations. But if you want assurance of quality, it is important to go with a trusted brand.
Why Buy From Hollyweed
At Hollyweed, we are committed to providing customers with the highest quality, all-natural Delta 8 THC products. If you want to bring the laid-back culture of Southern California to the palm of your hand, Hollyweed is happy to join you on the ride.
Lab-tested
We ensure our products are certified third-party lab tested for the fullest assurance of quality. Lab testing keeps our processes transparent, so you can rest assured your Delta 8 is potent and pure.
Organic Ingredients
We pride ourselves on giving customers products made with organic ingredients. Hemp is best when taken naturally, so we keep the whole process safe to ensure you get the full benefit of natural, organic hemp products.
Fast Shipping
Hollyweed also provides fast and free shipping so that you can have access to Delta 8 on your terms! Now instead of spending your day driving to get your Delta 8, you can have it delivered to your doorstep. So kick back and let us handle the logistics!
Final Thoughts
The world of Delta 8 can seem complex for the newly initiated. There are lots of technical terms to learn, constantly changing laws, and a whole lot of brands to dig through! Now that you have the right knowledge, you can make informed decisions about Delta 8. Just stop by Hollyweed, take a look around, and you’re sure to find that out firsthand!
