Where is Delta 8 legal?

delta-8 thc legal states 10-11-21

What is Delta-8?

 Delta-8 tetrahydrocannabinol (THC) is a hemp-derived extract that comes from the Cannabis Sativa plant. Although Delta-8 is present in run-of-the-mill marijuana, it is more naturally occurring and highly concentrated in hemp, which makes help a better plant from which to cultivate this cannabinoid.  Companies generate Delta-8 products by either concentrating or synthesizing Delta-8 derivatives into carts, tinctures, vape pens or edibles. Companies are also researching other products lines it can infuse with Delta-8 given its effects, appeal and explosive popularity.  All Delta-8 products must legally must contain less than 0.3 percent THC.

 When consumers use or imbibe Delta-8 products, it provokes a reaction in their nervous systems in almost the same way as the Delta-9 found in marijuana, another varietal of the Cannabis Sativa plant.  At the biological level the only difference is that Delta-8 bonds to different place on the molecule than Delta-9.  This may not sound like an important factor, but the difference in feeling is huge!

 It is important for consumers to be aware the resulting sentiment produced by Delta-8 is highly distinct and pleasantly differentiated from the high produced from weed.  Interestingly, although Delta-8 has some psychoactive traits, it stimulates a more mellow mood, and without the side effects  commonly associated with marijuana. Consumers specifically report a smooth and pleasing sensation, and a superior and more consistent effect than the one experienced with weed.  However, it is important to note that Delta-8 is also only 50% as potent as Delta-9.  This means buyers must  consume twice as much Delta-8 to experience the same level of high experienced with Delta-9.  That said, cannabis connoisseurs don’t generally do this, as they prefer the more enjoyable and approachable experience offered by Delta-8.  As an aside, this divergence in potency is often why Delta-8 is referred to as, “marijuana light,” or, “diet weed.” 

 Is Delta-8 Legal?

 Delta-8 is legal under the 2018 Farm Bill, which removed hemp from the Controlled Substance Act and authorized production and sale of its products.  This stated, Delta-8 products are new.  As such their effects are still being studied in some states with objective science.  Although this is not unusual and in fact occurred with Delta-9 products just a few short years ago, it is causing the same delays in declaring Delta-8 legal in these locales.  Additionally, several states which legalized and currently tax marijuana sales lack the regulatory framework to tax hemp-derived products. As a result Delta-8 is not authorized for purchase in certain states while lawmakers construct legal scaffolding for how, when and where to tax it.  The states which have either restricted or banned Delta-8 include Iowa, Arizona, Kentucky, New York, Vermont, Washington, Michigan, North Dakota, Connecticut, Utah, Colorado, Mississippi, Arkansas, Utah, South Carolina, Idaho, Alaska, Delaware, Rhode Island and Montana. Of note it is illegal to distribute Delta-8 to or inside of locations where it’s not authorized for purchase. As such, residents of these states cannot purchase it online or have it delivered to their doors. Additionally, Delta-8 like many similar holistic products (to include vitamins, home remedies, etc.) have not been evaluated or approved by the Federal Drug Administration (FDA).  Given the lack of evaluation by the FDA, consumers should not provide this substance to either pets or children.

 Where is Delta-8 Legal?  Is Delta-8 Legal in My State? 

 Please see below for a state-by-state breakdown of where Delta-8 is legal.  

is delta 8 legal in my state


 Where is Delta-8 Available for Purchase?

Delta-8 can be purchased at dispensaries or online in states where its sale is legal.  Of the two options available most consumers prefer purchasing Delta-8 on the internet, as it’s easier, safer and more reliable for a few reasons. 

First, it’s no hard to buy Delta-8 online as it can be done from home. The varieties of Delta-8 available online are also close to unlimited, relative to the market. Also many reputable companies are seeking to serve customers with novel ways of enjoying Delta-8, and it’s more straightforward for these entities to position new product details where buyers  can directly engage them without competing for shelf space at a dispensary.

Second some select and superior Delta-8 manufacturers have taken strong and focused steps to ensure quality, and as a result only source from well-respected or local suppliers.  Small-batch approaches to Delta-8 production is positive in terms of chemical composition and safety. This said, taking a small batch approach to production can make ubiquitous access to quality products difficult as there simply is not enough to go around.  As such, many well-respected companies only sell at specific dispensaries where they know their product attributes won’t be impacted  - or opt to perform direct to consumer sales.  For example Happy Delta not only prepares its Delta-8 carts in small batches to ensure quality, but it also  publishes 3rd party lab reports with ingredients so consumers can verify the chemical composition and safety of its products.