Is Delta 8 Legal Federally?

IS DELTA-8 LEGAL FEDERALLY?

Delta 8 THC has a scary name due to the stigma surrounding Delta 9 THC, but Delta 8 THC is federally legal and legal in most states across the USA, thanks to H.R. 2: The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill.

The 2018 Farm Bill specifically made all derivatives, isomers, and cannabinoids in hemp legal, provided the final product contains less than 0.3% Delta 9 THC. For reference, Delta 8 THC is an isomer of CBD, a derivative of hemp and CBD, both of which are cannabinoids found in hemp. These compounds are ultimately extracted with less than 0.3% Delta 9 THC, ensuring they comply with the law.

A common question we receive is about the Federal Analogue Act, part of the Controlled Substances Act, because Delta 8 THC is listed. However, the 2018 Farm Bill specifically amended the Controlled Substances Act, explicitly removing all tetrahydrocannabinols found in hemp from being classified as controlled substances.

For clarity, here is the relevant language from the 2018 Farm Bill, along with links to the original text

Note that the information contained on this page and website is for informational purposes only. It is not legal advice. Read our full legal disclaimer HERE. While we try to stay as up to date as possible on all state and federal laws, the laws, especially at the state level, are constantly changing. You should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

ELYXR DELTA 8
AGRICULTURE IMPROVEMENT ACT OF 2018 – SUBTITLE G—HEMP PRODUCTION.
SEC. 297A. DEFINITIONS.

(1) HEMP.—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.

SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.

(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—

(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and

(2) by striking ‘‘Such term does not include the’’ and inserting the following:

‘‘(B) The term ‘marijuana’ does not include—

‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection

(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.

Find the full text legal document HERE

Delta 8 Legal States

While Delta 8 THC is federally legal due to the 2018 Farm Bill, its legality at the state level can vary. As of now, there are several Delta 8 legal states where this cannabinoid is allowed for both medical and recreational use. However, some states have specific restrictions or outright bans on Delta 8 THC, so it’s important to verify the laws in your state before purchasing or using Delta 8 products.

If you’re wondering, “Is Delta 8 legal in all states?”, the answer is no. There are certain states that have chosen to regulate or ban Delta 8 THC, so it’s crucial to stay informed on the current laws in your specific state.