Is Delta 8 THC Legal?

Delta 8 THC


*While Delta-8-THC is federally legal, several states have additional restrictions. Scrolls to the bottom to view a list of states and their corresponding laws. These states have restricted sales of Delta 8: 
Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Rhode Island, and Utah.

If your state isn't listed above, you can get your very own Delta 8 Cartridge by clicking here! 

Delta 8 THC Vape Cartridges


Hemp and Marijuana are simply broad classifications of Cannabis that were adopted into our culture; however, they are not legitimate nomenclature for the Cannabis plant. 
- “Hemp” is a term used to classify varieties of Cannabis that contain 0.3% or less Delta-9-THC content (by dry weight).
- "Marijuana” is a term used to classify varieties of Cannabis that contain more than 0.3% Delta-9-THC (by dry weight) and can induce psychotropic or euphoric effects on the user.
hemp vs marijuana

Hemp vs Marijuana: Composition 

The defining characteristic between hemp and marijuana is the chemical composition contained within each plant. 
Both hemp and marijuana can produce high amounts of CBD, the non-intoxicating cannabis compound; however, THC is produced at very different levels.

Hemp vs Marijuana: Legality 

While hemp was previously regulated as an illegal substance under the Controlled Substance Act of 1970, it was removed as an illegal substance under the Agricultural Improvement Act of 2018, which federally legalized hemp and hemp-derived products that contain no more than 0.3% Delta-9-THC. 
Marijuana, on the other hand, is still treated as a controlled substance and is federally illegal under the Controlled Substance Act.

Delta (9)-tetrahydrocannabinol is the chemical name for THC for the primary psychoactive ingredient in illicit, medical, and recreational marijuana. 
Delta (8)-tetrahydrocannabinol is an isomer of Delta 9 THC, meaning they have  the same chemical formula (C21H30O2) but different, distinct structures.

Legal History

Agricultural Improvement Act of 2018

Victory for Hemp

This new law changes certain federal authorities relating to the production and marketing of hemp, defined as cannabis (Cannabis sativa L.), and derivatives of cannabis with extremely low (less than 0.3 percent on a dry weight basis) concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC). These changes include removing hemp from the Controlled Substances Act, which means that it will no longer be an illegal substance under federal law.
Just as important for the FDA and our commitment to protect and promote the public health is what the law didn’t change: Congress explicitly preserved the agency’s current authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and section 351 of the Public Health Service Act. In doing so, Congress recognized the agency’s important public health role with respect to all the products it regulates. This allows the FDA to continue enforcing the law to protect patients and the public while also providing potential regulatory pathways for products containing cannabis and cannabis-derived compounds.
We’re aware of the growing public interest in cannabis and cannabis-derived products, including cannabidiol (CBD). This increasing public interest in these products makes it even more important with the passage of this law for the FDA to clarify its regulatory authority over these products. In short, we treat products containing cannabis or cannabis-derived compounds as we do any other FDA-regulated products — meaning they’re subject to the same authorities and requirements as FDA-regulated products containing any other substance. This is true regardless of the source of the substance, including whether the substance is derived from a plant that is classified as hemp under the Agriculture Improvement Act. To help members of the public understand how the FDA’s requirements apply to these products, the FDA has maintained a webpage with answers to frequently asked questions, which we intend to update moving forward to address questions regarding the Agriculture Improvement Act and regulation of these products generally.”
FDA's Regulations for CBD FAQ: 
*CBD is legal to sell, but not as dietary supplements, or as food/edibles.  

Is it legal for me to buy CBD products?


It depends, among other things, on the intended use of the product and how it is labeled and marketed. Even if a CBD product meets the definition of "hemp" under the 2018 Farm Bill (see Question #2), it still must comply with all other applicable laws, including the FD&C Act. The below questions and answers explain some of the ways that specific parts of the FD&C Act can affect the legality of CBD products.

October 31st 2019: Establishment of a Domestic Hemp Production Program

Article: Hemp is legal. Here comes the tricky part


“The US Department of Agriculture this week posted formal federal guidelines for how hemp — the versatile cannabis varietal used for clothing, plastics, fuel and food — can be grown, harvested, tested, processed, transported and sold. The USDA also established the US Domestic Hemp Production Program to regulate the cannabis plant.
Under the new program, states and Native American tribes will have to submit for approval hemp production plans that meet or exceed the USDA's standards. For those states and tribes that don't submit a plan, these federal guidelines will apply.
The USDA's rules address concerns such as interstate transport — states can't prohibit it — and the acceptable levels of THC in hemp. The USDA didn't address the exportation of hemp and indicated it may consider exports in the future.
The USDA standards help tie up some of the loose ends left from the 2018 Farm Bill that legalized the cannabis varietal that contains no more than 0.3% of the psychoactive tetrahydrocannabinol (THC).
More farmers have turned to the crop as grain prices fall, trade war concerns heat up, the climate changes and cannabis laws shift. Notably, hemp was viewed as a cheaper means of producing the lucrative cannabidiol (CBD), the cannabis compound promoted for health and wellness benefits.
The USDA regulations outline a "measurement of uncertainty" of plus or minus 0.06%; but to be considered hemp and not federally illicit cannabis, the 0.3% of THC must fall within that distribution. Labs that test the plants must be facilities registered with the Drug Enforcement Administration, and plants that exceed the allowed threshold must be destroyed by a DEA agent.”

Title 21 United States Code (USC) Controlled Substances Act


Part A — Introductory Provisions

§802. Definitions
(16)(A) Subject to subparagraph (B), the term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.
(B) The term "marihuana" does not include
(i) hemp, as defined in section 1639o of title 7; or
(ii) the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

7 U.S. Code § 1639o.Definitions

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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Final Thoughts on Delta 8

It appears that Delta 8 THC cartridges have been confirmed as federally legal. However, there are several states that have banned Delta-8-THC in their state laws.
These states include: 
Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Rhode Island, and Utah.


The US banned all Cannabis / Marijuana with the Controlled Substance Act (Defined in Section 802) This includes all extracts, oils, isomers, etc. However, this law was amended by the 2018 Farm Bill that exempts any cannabinoid that's not Delta 9 THC, and derived from hemp, including Delta 8 THC (derived from hemp). 
The 2018 Farm Bill legalized hemp as it’s defined in Section 1639o. This means Hemp must have less than 0.3% Delta-9 THC. If Delta 8 THC is derived from hemp, then it is legal under the Farm Bill. 
Delta 9 THC and Delta 8 THC are not the same thing. The primary difference being that Delta 8 THC is specifically exempted by the 2018 Farm Bill from the Controlled Substance Act, while Delta 9 THC is not. 
In conclusion, Delta-8 carts are legal only if extracted from Hemp already containing 0.3% THC by dry weight. 
Converting CBD to Delta-8:

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Delta 8 THC Vape Cartridgds


Laws by State for Delta 8 THC

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