How is Delta-8 THC Legal to Produce and Sell in the United States?

With the complicated laws surrounding the production and sale of cannabis in the United States, you may be wondering, how is delta-8 THC legal? 

Keep reading to find out. 

The 2018 Farm Bill

2018 Farm Bill was intended to help consumers access legally produced and federally regulated hemp-derived cannabinoids such as CBD, CBN, CBG, CBC, and many others. Delta-8 became legal in a loophole with the passing of this bill which was enacted so that the FDA could finally regulate natural cannabinoid products like CBD. 

Before the 2018 Farm Bill, hemp and its concentrates/derivatives were considered a Schedule I controlled substance (same category as marijuana). The Farm Bill finally distinguished between hemp and marijuana, meaning that low-THC derivatives of cannabis are no longer considered a Schedule I substance and are therefore no longer controlled by the Drug Enforcement Administration. 

Although the Farm Bill explicitly stated that it did not include delta-9 THC, it inadvertently legalized delta-8. 

Because laws surrounding cannabis in the United States can vary from state to state, it's a good idea to look up the specific laws surrounding delta-8 in your area. Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington all either restrict the sale of delta-8 or have banned it altogether. 

Why is Delta-8 So Popular? 

The biggest reason delta-8 became so popular after the passing of the Farm Bill is that it is technically legal and lucrative to make. 

After the passing of the Farm Bill, there was a 'green rush' where businesses scrambled to make money selling CBD on the legal market. This lead to the overproduction of CBD and the subsequent plummet in price per liter. CBD, which had once fetched a price tag above ≈$100,000 per liter, dropped to hundreds of dollars per liter.

Farmers and processors alike struggled to sell their products. They found themselves under immense pressure to generate revenue and recoup production costs; they looked for other ways to utilize CBD supplies. Converting excess CBD to delta-8 emerged as a possible way to generate revenue, but at first, the conversion process was not well understood, and processors struggled to produce clean, pure, high-quality extracts.

Cannabis chemists worked to improve the process, enabling better techniques. At this point, conversion to delta-8 became a great way to utilize existing stockpiles of CBD. The product's popularity was also high due to its legality, availability, and similar effects compared to its analog, delta-9 THC.

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