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Is Delta-8-THC Legal In Your State?

Billy Carlyle January 7, 2021 0 comments
Dalta THC 1

Do you love the health and wellness benefits of THC, but don’t want to take the legal risk that comes with it? Or do you hate the nervousness and paranoia it causes? Well, Delta-8-THC may be just what you have been looking for.

But before we look at the legality of it, we have to ask, “What is Delta-8-THC” and “Does Delta-8-THC get you high?

Delta-8-THC is an analogue of the common Delta-9-THC, but there are large differences between the effects. While Delta-8 can indeed get you high, it is about half as potent as Delta-9. Not only that, but it tends to produce beneficial effects without the side effects that are common with marijuana.

Delta-8 gives a smooth experience without the paranoia and nervousness that is common with THC. It also has stronger positive effects such as:

  • Anti-Nausea 
  • Anti-Inflammatory
  • Appetite Stimulant

With all these benefits to health and wellness, it’s no wonder that Delta-8 is increasing in popularity! If you want to learn more about Delta-8-THC and its benefits, go to our information page!

Legality of Delta-8-THC

You are driving home after a long day’s work and you see red and blue lights flashing in your rear view mirror. You have a Delta-8 vape cartridge in your vehicle that you use to destress after work… should you panic? Are you going to jail?

Just the mention of the letters THC gives rise to thoughts about legality because marijuana has been illegal for so long. However, these letters typically refer to Delta-9-THC, especially when we are talking about legal issues.

The United States passed a bill in 2018 called The Agriculture Improvement Act. This bill, also known as the “Farm Bill,” legalized all derivatives, isomers, and cannabinoids in hemp as long as it contained less than .3% Delta-9-THC.

You have likely heard of CBD. CBD is a common cannabinoid found in the hemp plant and Delta-8-THC is an isomer of CBD. So, Delta-8-THC is legal according to the federal government since the passing of the “Farm Bill” in 2018.

State Laws

The passing of The Agriculture Improvement Act meant that anybody can legally buy and use hemp products. Therefore, Delta-8 is legal in all 50 states…according to the federal government at least.

However, just because Delta-8-THC is legal at the federal level, does not mean that it is legal in your home state. It is legal in most states, but there are some that have restrictions on Delta-8-THC.

Delta-8-THC is prohibited in:

  • Arizona
  • Arkansas
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

Furthermore, hemp and cannabis laws are changing all the time. It is always important to know the law where you live so that you do not make a mistake.

What About the Analogue Act?

The Federal Analogue Act is a section of the Controlled Substance Act. This section states that any chemical that is “substantially” similar to a Schedule I or II substance is to be treated like a Schedule I substance. Basically, compounds similar to Delta-9-THC would be illegal based on this law.

The Federal Analogue Act would make Delta-8-THC illegal, and did before the passing of the “Farm Bill.” When the bill was passed in 2018, it added an amendment to the Controlled Substance Act. This amendment removed all THC compounds found in hemp from the Federal Analogue Act. This included Delta-8-THC.

So there you have it, Delta-8 is legal in the United States in all of the 50 states besides the ones that are listed above. If it is legal in your state and you want to give it a try, check out our high quality Delta-8-THC vape cartridges.

Author avatar

Billy Carlyle

Billy Carlyle is an alumnus of UNCW, obtaining an MFA in creative writing. In his nook and cranny of the writing community, he explores the intricacies of plant pharmacology and its botanical research, writing predominantly for the cannabis, medical marijuana, CBD, and kratom industries.

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