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Is Delta 8 Legal in Oregon?

Delta 8 is a psychoactive cannabinoid derived from hemp that has gained popularity for its milder effects compared to Delta 9 THC, the main active ingredient in marijuana. However, the legal status of Delta 8 varies from state to state, and some states have banned or restricted its production, sale, and use. 

In this post, we will answer the question: is Delta 8 legal in Oregon?

Can You Consume Delta 8 in Oregon?

The short answer is no. Delta 8 is illegal in Oregon under the provisions of HB 3000, a bill that was passed by the Oregon legislature in July 2023. The bill prohibits the sale of specific cannabinoids, covering all artificially derived cannabinoids, such as Delta 8, Delta 10, THC-O, and CBN.

The reason for the ban is that Delta 8 is typically created by inducing chemical reactions in hemp-derived CBD (cannabidiol), which is legal under the federal Farm Bill of 2018. However, the Oregon Liquor and Cannabis Commission (OLCC) claims that there is a lack of sufficient testing for the whole spectrum of chemical reagents used to create Delta 8 synthetically and considers a ban necessary to protect the health of Oregonians3.

Note that under the Oregon Administrative Rule 845-025-3220, a cannabis processor may not treat or adulterate a product with any additive or substance to increase toxicity or potency level. Since creating Delta 8 THC requires treating CBD with a catalyst to convert it to THC, Delta 8 THC was banned by the OLCC.

Can You Travel to Oregon With Delta 8?

No, since Delta 8 is illegal in Oregon, you cannot travel to Oregon with Delta 8 from a different state, city, or country. Doing so would be a violation of state law and could result in legal consequences, such as fines, confiscation, or arrest. 

Even if you have a medical marijuana card or a prescription for Delta 8, you cannot bring it to Oregon, as the state does not recognize the legality of Delta 8 from other jurisdictions.

Can You Drive Under the Influence of Delta 8 in Oregon?

The answer is no. Driving under the influence of Delta 8 in Oregon is illegal and dangerous. Delta 8 is a psychoactive substance that can impair your judgment, reaction time, coordination, and perception. 

Driving while intoxicated by Delta 8 could result in accidents, injuries, or fatalities. It could also lead to legal troubles, such as DUI charges, license suspension, fines, or jail time.

What Are the Age Restrictions for Using Delta 8 in Oregon?

Since Delta 8 is illegal in Oregon, there are no age restrictions for using it. However, even if Delta 8 were legal, it would likely be subject to the same age restrictions as marijuana, which is legal for adults 21 and older in Oregon. 

Minors under 21 are not allowed to possess, consume, or purchase marijuana or any marijuana products in Oregon. Doing so could result in penalties, such as diversion programs, community service, fines, or suspension of driving privileges.

Where to Buy Delta 8 in Oregon?

Since Delta 8 is illegal in Oregon, you cannot buy it in Oregon. However, you may be able to buy hemp-derived Delta 8 edibles from Oregon-licensed marijuana dispensaries if such products are certified as GRAS (Generally Recognized as Safe) by the FDA (Food and Drug Administration). 

This is a new provision that was added by HB 3000 and took effect in July 2023. However, the availability and quality of such products may vary depending on the dispensary and the manufacturer.

Alternatively, you can travel to a nearby state where Delta 8 is legal and buy it from a reputable seller, such as Elyxr. Elyxr offers well-tested, high-quality, and a wide range of Delta 8 products, such as gummies, tinctures, cartridges, and more. You can order online and have Elyxr deliver it to your doorstep. 

However, while you can easily make an order for various Delta 8 products online, it is important to note that Elyxr only delivers to states where Delta 8 is legal to use. It is crucial for you to also be aware of the laws and regulations of the state you are traveling to and from, as well as the risks and responsibilities of using Delta 8.