Is Delta 8 Federally Legal?

The 2018 Farm Bill legalized all cultivation of hemp and everything in the composition of hemp other than Delta-9 THC, of which hemp must contain less than 0.3 per cent. This is the federal norm for hemp, so CBD, CBC, and any other cannabinoid other than Delta-9 THC, like Delta-8 THC, are legal. Legality varies according to state authority.

Market appeal for Delta-8 THC is focused on the assumption that this novel cannabinoid, like Delta-9 THC, is psychoactive. However the recorded usage claims that the results of the use of Delta-8 THC are substantially different from Delta-9 THC. While this is interesting to note, the market for cannabinoid has yet to be explained. In addition, other novel cannabinoids, such as CBG, have shown that the value of biomass decreased by 82% over the last year. Although interest in these substances peaks at launch, causing them to have higher prices than conventional THC and CBD products, the elevated price of Delta-8 THC products is likely to follow the trend set by previous novel cannabinoids.

In addition, the DEA could be coming after Delta-8 THC. On 20 August, the “Implementation of the Agricultural Improvement Act of 2018” was issued, which would make the production of Delta-8 THC illegal. While natural delta-8 THC is present in hemp and cannabis, it is not present in extractable amounts that are worth using. Instead, much of the Delta-8 THC on the market is synthesized from CBD, and the federally legal Delta-8 THC is mostly synthesized from hemp-derived CBD. Although this is currently legal in the gray region, all synthetic tetrahydrocannabinols extracted from the proposed legislation will be labeled as Schedule 1 controlled substances.

What is Delta-8 THC and is it legal?

Delta-8 THC is one of the hundreds of cannabinoids present in the cannabis plant. Delta-9 THC is the most well known cannabinoid and induces a psychotropic reaction felt as an intoxicating “high.” Delta-8 THC, on the other hand, is nowhere near as well known and has gained notoriety over the last year, primarily due to its purported potential to have a drastically different and slightly less intoxicating but still mind-altering impact. Study has also been conducted since 1975 on its potential for cancer treatment, and other studies have shown numerous potential health benefits.

As noted, the DEA does include Delta-8 THC in its list of controlled substances (updated in August 2020) under ‘tetrahydrocannabinols,’ but the 2018 Farm Bill explicitly sculpted ‘tetrahydrocannabinols in hemp’ (see Section 12619(b) of the 2018 Farm Bill – the very last clause of the full bill). This carveout means that every form of THC from a cannabis plant with a Delta-9 THC at or below 0.3 percent is legal (at the federal level). It is important to remember that there may be states with more stringent laws that criminalize Delta-8 THC even though extracted from hemp. There may also be states where Delta-8 THC-derived marijuana is legal.