How is Delta-8 Legal in the US?
Enny SoyinkaFollow us on 
Delta-8 THC is a form of cannabidiol that is synthetically derived from the cannabis plant. It has the same chemical structure as Delta-9 THC without the associated risks of intoxication and paranoia. First, this article will examine what the US federal law says about Delta-8 THC products. Then, keep reading to find out more below!
Where is Delta 8 Legal in the US?
Delta-8 THC was officially discovered and patented by Unimed Pharmaceuticals as far back as 1985; the product did not become popular until 2003. The substance holds a legal status at the federal level since delta-8 products are derived from the hemp plant.
Currently, Delta-8 is legal in most US states, and there are no regulations barring the use and possession of the compound. Some states where you can freely access Delta-8 products are Alabama, California, Florida, Washington, Oklahoma, Virginia, and South Carolina. In addition, some states have also specified that the Delta-8 THC must have been strictly sourced from hemp plants.
Meanwhile, some US states treat Delta-8 THC the same as recreational cannabis and have only legalized it for medical use. Therefore, you will need a medical license or doctor’s approval to access Delta-8 products. The three states where Delta-8 THC is regulated are Connecticut, Michigan, and Nevada.
Ultimately, you don't have to worry about trouble with the law if you live in any of the states where Delta-8 THC is legal or falls in the gray area. However, if you’re also unsure whether this substance is legal in your area, you can check the controlled substance list in your state.
Why Do Some States Want To Ban Delta 8 Products?
Delta-8 is a somewhat controversial topic in most US states, and many people believe it is the same as traditional THC. It has a milder psychoactive effect but is still similar to many marijuana products without paranoia and hallucinations.
In addition, Delta 8 THC has the same chemical makeup as Delta 9 THC, which is mainly associated with highness. It is also the most similar to CBD. Many claims that Delta 8 THC can help relieve anxiety and pain and improve appetite. However, both compounds do not have the same legal status in most states.
Nevertheless, Delta 8 THC (D8 THC) has been confirmed illegal in Alaska, Delaware, Colorado, Louisiana, and 10 other US states. This means you could face criminal charges if you’re found possessing Delta 8 in these states. If you’re flying in from another state, you shouldn’t carry Delta 8 to states where it is a controlled substance.
However, despite the controversy around Delta 8 THC, the 2018 Farm Bill has made it legal at the federal level. Unfortunately, this has also led to legal gray areas for states that allow hemp plants to be used in growing cannabis. Mississippi, Nebraska, and Kentucky are the three states that haven’t given an official stance on Delta 8 THC.
How To Legally Buy Delta 8 THC Products?
You can easily access Delta 8 THC products in states where medical or recreational cannabis is legal. Most states also have licensed cannabis dispensaries where consumers can walk in to get their preferred cannabis products. In addition, based on federal law, any cannabis product with less than 0.3% THC can be commercially produced and sold in the US.
Meanwhile, suppose you’re in a state where cannabis products are regulated. In that case, it will be hard to find Delta 8 THC products unless you have a doctor’s approval. Preferably, you can get Delta 8 THC from online vendors and deliver your order to your doorstep.
However, there are specific criteria to be considered when buying cannabis products. First, legit brands conduct third-party lab tests and provide a certificate of analysis. Then, you can look at the COA for free and confirm that the product contains less than 0.3% THC. Any Delta 8 THC provider that doesn’t have an independent lab test report is most likely a scam.
Another thing you should check is the label of the product and confirm that it says Delta 8 THC. Meanwhile, Delta 8 THC is just gaining popularity, and few manufacturers are marketing this product. Therefore it may be hard to find where to buy the best Delta 8 THC brand products legally.
What Is The Future For Delta 8 in The US?
The US 2018 Farm Bill has made it so that Delta 8 THC derived from a hemp plant is legal. However, many states haven’t legalized Delta 8 products. Many believe it is too similar to traditional THC and should be classified under marijuana. Regardless, as more states legalize recreational cannabis, Delta 8 THC might have a chance.
Many experts speculate that Delta 8 THC may be even more popular in the future. However, we’re still waiting for more research and scientific studies of what Delta 8 THC can do for modern medicine. Therefore, we recommend talking to a physician if you consider using Delta 8 THC with your regular medication.
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