Is Delta-8 Legal In Your State? Ultimate Guide!

Delta-8 is the new kid on the cannabis block.

For a long time, the sole active ingredient acknowledged in marijuana was delta-9, which is the compound responsible for the high associated with it. It was only recently that scientists discovered delta-8 and its perceived benefits. But, is delta-8 legal?

Cannabis is still a controlled substance all over the world. The U.S. federal government is inventing new ways to monitor and control the sale and consumption of both delta-9 and delta 8 products. Nevertheless, given its wide range of advantages, you can still enjoy your cannabis without the law getting in the way.

What Is Delta 8?

Delta-8 is a THC isomer. Like delta-9, the compound is responsible for several aftereffects of consuming cannabis. However, unlike its prominent cousin, delta-9, delta-8 has more benefits than drawbacks.

Naturally, cannabis has more than 30 isomers. We do not know most of these products yet, except for delta-8 and delta-9. These two have an identical composition but a different structural makeup, and it is this difference that brings out the various effects once we consume each compound.

Additionally, there are different laws directed at both compounds, which goes on to influence their legality. Understandably, delta-9 is the quintessential marijuana compound, and it is what federal agencies want to control.

On the other hand, delta-8 is a new entrant, so there are a lot of grey areas concerning its legality.

What Is the Buzz Surrounding Delta 8 THC?

Researchers regard delta-8 as a safer option when compared to traditional marijuana products, which are rich in delta-9. This harmless view is because many delta-8 scientific trials have yet to produce adverse side effects on the test subjects.

For some users, delta-8’s safety rating is enough reason to legalize the substance. Unfortunately, governments do not work that way.

Delta-8, like regular marijuana, will stimulate your appetite. Moreover, clinical trials of delta-8 on cancer treatment indicate a positive outcome, particularly in children.

The benefits are pretty substantial, especially considering delta-8 is still a new product. Once it is used in medical trials, it has the potential to be a game-changer.

A lot of users are keen on delta-8 products like edibles and tinctures. Since you will not get a negative aftereffect like with delta-9, more people are looking to get a worthwhile experience from consuming delta-8 products.

So, Is Delta-8 Legal in North America?

Delta-8 is shaping up to be a dependable CBD compound. You can easily enjoy a wholesome cannabis high, and it will not knock you out. However, its legality is a lot more complicated.

To start, it was only recently that cannabis was legalized in a handful of states across the U.S. While the approval might have paved the way for a myriad of CBD products to hit the market, there are still plenty of bottlenecks to deal with before dealers can freely offer your favorite delta 8 gummies.

The legality of delta-8 THC in the U.S. is not a straightforward affair. There are states where it is illegal to grow, process, and sell delta-8 products, while other states allow all of sthe processes under their own laws. We will discuss the legality issues later, but be sure to read up on any relevant news concerning changes to your own state’s laws.

Hemp Vs Marijuana

Conventionally, hemp plants have minute amounts of THC. If it is more than 0.3%, then it is classified as marijuana. Marijuana is a controlled substance under federal law, and you are not allowed to propagate or use it in most parts of the country.

On the flip side, the 2018 Farm Bill gave the green light to hemp and a handful of its derived products. Since delta-8 THC is derived from hemp, then it is a legal substance, albeit under a technical loophole.

Processors are, therefore, allowed to work with the hemp plant as a means of producing various delta-8 THC.

However, delta-8 is also present in regular marijuana. Both hemp and marijuana have hundreds of cannabinoids. As such, you can obtain delta-8 from either plant. But, marijuana is a controlled substance, and that will also make marijuana-derived delta-8 effectively prohibited.

Delta-8 Is Not Explicitly Prohibited

Federal agencies often list delta-9 THC as a controlled substance but not delta-8. Therefore, there is not an explicit law that bans the production of delta-8 THC. The 2018 Farm Bill gave cannabis enthusiasts the green light to propagate hemp without mentioning provisions for delta-8.

So, if it is not expressly banned, then it must be okay to produce, distribute, and use delta-8, right? Delta-8 THC is virtually a toned-down version of delta-9 THC (which is an illegal compound). So, you can expect all of the positive benefits of regular cannabis without getting unpleasantly intoxicated.

Further along in 2020, an updated report on the legality of delta-8 was available in the Federal Register. In this document, federal agencies can no longer use the level of delta-9 THC as a parameter when classifying substances as controlled or not. However, synthetic THC substances are still prohibited.

Commonly, hemp is the primary source of delta-8 via a synthetic process. Processors often include a handful of ingredients to degrade delta-9 to “legal” delta-8. Going by the 2020 update, delta-8 THC seems illegal; but, that is not the last concern.

Delta-8 THC is freely available in both hemp and marijuana plants, and scientists only brought it into focus in the place of delta-9. They do so by degrading the latter and increasing the amount of delta-8. So, while the process of obtaining delta-8 is far from “natural,” the compound is not synthetic.

So, as long as producers keep delta-9 THC levels well below 0.3%, you can continue enjoying your favorite delta-8 product.

Is Delta-8 Illegal In Any States?

Have you wondered how delta-8 is legal in some parts of the U.S. while it remains a controlled substance elsewhere? Despite the 2018 Farm Bill, marijuana remains a controlled substance stateside.

Nevertheless, marijuana is not the only source of delta-8 THC. Hemp has small quantities of delta-8, which processors concentrate, naturally or synthetically, to extract the THC. However, there are some states which have specifically outlawed the sale of delta-8 THC.

There are a dozen states listed here where it is illegal to enjoy delta 8 carts and other products. These states include Alaska, Arizona, Arkansas, Delaware, Idaho, Iowa, Missouri, Mississippi, Nebraska, Rhode Island, Utah, and Vermont.

These states have a varied history with marijuana legislation, as they are conservative territories, like Arkansas and Delaware. In the former, you need a medical license to possess and consume marijuana. However, these licenses are pretty challenging to obtain.

In Delaware and Idaho, state laws banned all THC forms even as they relaxed their stance on marijuana. In these states, you should not get caught with delta-8 products, and it will not matter whether they have a natural or synthetic origin.

Other states have conflicting marijuana laws. In Nebraska, there is a standing bill that qualifies delta-8 THC as a Schedule 1 drug. However, newer legislation adopts a softer stance and legalizes all products derived from hemp. This regulation follows that hemp products contain federally acceptable THC levels.

While you can use marijuana legally in Alaska, lawmakers effectively outlawed delta-8 further north. This all is quite a contradiction, if you ask us.

Is Delta-8 Safe to Use?

Delta-8 THC is a legal substance across the country, notwithstanding the technicalities involved. But, there are states where the compound is a controlled Schedule 1 substance. So, before lighting up, make sure you are in a friendly jurisdiction.

On the other hand, delta-8 is entirely safe for use. Although the substance’s origin is a psychoactive plant, you can expect only positive effects after consuming it.

Moreover, delta-8 is readily available naturally but in minute quantities, which is why processors work towards concentrating the THC first before extracting it. Delta-9 readily degrades to delta-8 slowly, and it is one of the methods used to harvest it.

Furthermore, most of the cannabis grown stateside is organic, and there is very minimal chemical input used in the growing process.

So, notable producers use high-quality buds to derive the THC infused in edibles and CBD oils. The delta-8 is wholly plant-based, and you can even get lab test results quickly.

However, it would be best if you still watched out for reputable dealers. Cannabis is a big business worldwide, and fakers are looking to make a profit from your ignorance. Luckily, there are a handful of producers you should trust when buying delta-8 products.

What Does Delta-8 Feel Like?

If you are familiar with regular marijuana, then you will thoroughly enjoy how delta-8 feels. Think of this kind of THC as a mild form of delta-9.

Although it is derived from a psychoactive plant, delta-8 will not get you high. But, you can expect better cognitive functioning and an increased appetite. And, if you want to relax after a long day, you can try BudPop delta-8 gummies for a mellow experience.

Other Delta 8 THC Products Online

There are different delta-8 products on the market, and most people prefer to consume this cannabinoid as an edible.

This is because you can easily regulate the amount of THC you are ingesting while using an edible gummy. Also, notable delta-8 dealers have a wide selection of flavors depending on your preferences. With BudPop, you can enjoy luscious blueberry and strawberry delta 8 THC gummies to activate your taste buds.

And, if you prefer smoking your delta-8, there are plenty of high-quality vape cartridges from which to choose. Likewise, you can choose from multiple flavors and strains as you light up your hemp flower.

It does not matter how you like your cannabis, as there is something for everyone on the market. So, you can safely enjoy delta-8 THC at home without worrying about the law.

How to Ensure a Memorable Delta-8 Experience

When consuming any kind of cannabis product, be sure to remember that it alters behavior. Even if you are a regular user, you still need to take some precautions, especially since there are many fraudulent companies looking to take advantage of the booming market.

Make Sure Your State Has Favorable Delta-8 Regulations

While there have not been any fatalities recorded after cannabis product consumption, you are always better off exercising caution before consuming delta-8 products. First, you should determine the legal status of delta-8 in your state.

Despite the recent marijuana laws coming into play, a dozen states still outlaw the plant. Other regions have lax regulations on recreational cannabis use but regard delta-8 as a controlled substance. Therefore, in these areas, you could face arrest if caught consuming delta-8 products.

Also, you should find out the prevailing cannabis laws in your community. You are always better off consuming your delta-8 at home, as you will undoubtedly enjoy a peaceful environment without inconveniencing your neighbors.

Marijuana and hemp still raise a lot of controversy across the world, and not everyone has a positive outlook on the plant. So, you are better off enjoying yourself privately and in peace.

Determine How Much You Should Consume

To begin, it is important to mention every cannabis user is different. True enthusiasts can tolerate higher THC levels, unlike beginners.

So, if you are only just starting, go slow. First, find your sweet spot. The best products to try out are edibles, because it is easy to regulate how much THC you are taking. Ideally, give yourself a break to find out how your body responds before getting more cannabis into your system.

Lay Off the Bottle When Using Delta 8 Products

Most people enjoy a drink or two when winding down after a long week. Ideally, you should maintain your alcohol intake minus cannabis, as mixing the two can always cause trouble.

Cannabis and delta-8 alter how we behave, and alcohol, in particular, impairs our judgment. Therefore, consuming the two together is a recipe for disaster. So, lay off the booze if you are planning to relax in front of Netflix with an edible or two.

Also, Avoid Medications

Delta-8 is still a new entrant into the cannabis scene. There is not much research on its side effects, especially when combined with medicine and other intoxicants. So, it is never a good idea to consume THC if you are on medication.

Edibles First

Different products deliver varying THC levels with every dose. Naturally, flowers have a higher level of delta-8 per unit. And, it is harder to regulate your THC intake if you are planning to vape. So, it is not recommended for beginners.

It is a lot easier to keep track of how much THC you consume if you are on edibles. You can consume bite-sized portions while gauging how your body responds to cannabis. After a couple of bites, take a break and allow the THC to work its magic. And if you are not satisfied with your high, you can always consume more.

Reputable Delta 8 THC Brands

If you are looking for the best experience from delta 8 infused hemp flowers or edibles, you should buy your products from reputable brands that are well-known in the market.

Remember, delta-8 is still spreading across the U.S. market. As such, not all cannabis shops have what it takes to guarantee a pure delta-8 experience.

Most processors tend to let in significant amounts of delta-9, and if you consume this, you will hardly enjoy the experience because of the possible adverse effects.

Nevertheless, you can differentiate the real dealers from the fakers, and one crucial factor you should watch out for is brand reputation. A brand that has gained immense popularity among THC enthusiasts is BudPop.

Additionally, only buy your products from companies that conduct independent testing, as the results from the lab should effectively tell you what is inside your delta-8 products.

Furthermore, there is no affiliation between an independent test lab and most delta-8 dealers. They will carry out tests and provide the results, which you can easily view online. So, quickly check out the purity of your delta-8 products before splurging your hard-earned cash.

Final Thoughts: Is Delta-8 Still Federally Legal?

Is delta-8 legal in the U.S.? Since the Farm Bill of 2018 came into effect, a lot has happened in the cannabis scene. Many states are getting with the times and overturning older prohibitions against marijuana.

This wave has effectively contributed largely to delta-8’s legalization stateside. But, there are a handful of states where cannabis, specifically delta-8, is a prohibited substance, and some regions ban it altogether.

Others, like Alaska, have conflicting laws on cannabis. You can enjoy recreational marijuana but will face arrest if found with delta-8 products. Hopefully, as more states embrace the benefits of hemp and marijuana, these obsolete bylaws will be a thing of the past.

Nevertheless, whether it is legal or not, you still need to be wary of what you are buying. So, only get delta-8 products from reputable dealers, and always check the contents of hemp flowers or edibles before buying, as too much will ruin your experience.

Additionally, watch your intake. If it is your first time, always take some time to get your body used to the feeling of THC coursing through your body.