is-delta-8-thc-legal

Cannabis products may improve or worsen the health condition and lifestyle of consumers. It largely depends on how they are used. But the government is not silent about the possible repercussions that may affect the society at large. That's why the psychoactive compounds extracted from the weed plants are being regulated. One of them is the delta-8 THC which has become popular for its highly potent effects. If you have used this product before, you surely know how it alters your perception. For the newbies, though, the substance is a matter of concern, especially in terms of legality. 

Is delta-8 THC legal in the United States? There are gray areas that you need to understand on this subject. While many people buy these supplements online, it doesn't mean that their purchase is warranted. Before you face the possible penalties, it's essential to read the entire legal provisions regarding this cannabinoid. As your guide, we discuss everything that matters when you buy and consume delta-8 THC. Having this information in mind could give you peace and confidence about your purchase. 

What is Delta-8 THC?

It's a psychoactive compound from hemp plants that may be extracted naturally or manufactured synthetically. Some companies produce the substance in massive amounts through artificial means due to the low concentrations present in the hemp source. The Food and Drug Administration claims that this cannabinoid is typically made from hemp-derived CBD as it contains higher levels of delta-8 THC. 

Many weed enthusiasts have been drawn to this substance due to reports that the effects are highly potent and give relief for certain medical conditions. Studies have shown that the compound produces an intoxicating high, comparable to its counterpart, delta-9 THC. It's considered an isomer of the latter, which, as scientists believe, may provide euphoria, relaxation, pain relief, and other therapeutic effects. Learn more about Delta 8 THC

Is Delta-8 THC Legal?

In the most recent court ruling of the Federal Appeals Court, it was held that delta-8 THC and other cannabinoids derived from hemp are legal. This pronouncement is consonant with the 2018 Farm Bill, although the substance has psychoactive properties. According to the judges, delta-8 THC is legal under federal law, which defines hemp as any part of the weed plant, including all extracts that contain less than 0.3 percent THC. 

Delta-8 THC has been the subject of controversy due to its psychoactive properties that threaten consumer safety and legal status. Several states have taken appropriate steps to regulate this cannabinoid. Nevertheless, the legalization of hemp allowed many companies to develop cannabinoids and sell them to consumers. Even with the absence of FDA approval, they continue to operate through legal hemp derivatives that essentially legalize marijuana. 

Under the 2018 Farm Bill, hemp is no longer within the jurisdiction of the Drug Enforcement Agency (DEA) as a controlled substance. Instead, the law authorizes the U.S. Department of Agriculture to cultivate and harvest the plant. It also made a clear distinction between hemp and marijuana, defining the former as the Cannabis Sativa Plant, or any part of it, including seeds, derivatives, and extracts with THC levels not exceeding 0.3%.

Legal Restrictions on Delta-8 THC

Although the original draft of the 2018 Farm Bill is expansive as it allows general cultivation of hemp plants and products, including commercial use and sale, without strict restrictions, the final version does not grant a completely free system in which individuals or businesses can grow hemp whenever and wherever they want. Several restrictions are imposed on the sale and possession of delta-8 THC and other psychoactive compounds, as briefly discussed below.

THC level should not exceed 0.3 percent

Per section 10113 of the Farm Bill, any hemp product should not contain over 0.3% THC. If the substance exceeds this limitation, it would be considered non-hemp cannabis or marijuana under federal law. In which case, there is no longer legal protection for the use and sale of the product. 

Hemp cultivation and production are regulated

Under the same statutory provision, the state and federal governments should have shared regulatory power over the cultivation and production of hemp products. The state departments of agriculture are tasked to consult with the state's governor and chief law enforcement officer to devise a plan submitted to the Secretary of USDA. This official is in charge of approving the said plan to license and regulate hemp. Suppose the state opts not to create a hemp regulatory program. In that case, the USDA will construct one under which hemp cultivators should apply for licenses and comply with a federally-run program. 

Legal Penalties are Imposed for Violations 

There are specific actions deemed as violations of federal hemp law. Some of them are cultivating hemp without a license and producing cannabis products that contain over 0.3% THC. The law has specific provisions on the penalties for violators, which may become a felony for repeated offenses. 

Hemp cannot be grown freely by anyone.

While the Farm Bill legalizes hemp, it does not warrant a system where anyone can grow the plant freely. The government highly regulates this activity, both for personal and industrial production. 

Gray Areas on the Legality of Delta-8 THC 

Despite the enactment of the Farm Bill, there are still gray areas surrounding the legality of delta-8 THC. For example, cannabis products may be considered illegal on a federal level when they contain delta-9 THC under the Federal Controlled Substance Act. But ironically, each state follows their laws governing such products for medical and recreational purposes. Another subject of controversy is that the CBD extracted from hemp is legal federally but illegal once taken from cannabis. 

There's another issue regarding the legality of delta-8 THC that arises from the standpoint of the National Drug Court Institute. It states that the manufacturing of the substance may violate federal law, although the same has not been classified as illegal at the federal level. Some states have explicitly banned delta-8 THC products even though recreational cannabis is legal in those places. 

Where is Delta-8 THC legal?

Not all states in the U.S. consider delta-8 THC legal. So, you must be aware of whether your place has prohibitions against using this product. Unfortunately, 19 states have already restricted or banned the substance, while four others have reviewed its legality. This psychoactive compound is stuck in a legal gray area as the DEA still upholds its opinion that delta-8 THC is a controlled substance, despite the enactment of the 2018 Farm Bill that legalizes all hemp and hemp compounds. 

The US Hemp Authority has ceased certifying delta-8 THC products and told companies to stop manufacturing the substance. New York is the most recent state that imposes restrictions on the production and sale of delta-8 items. But interestingly, some states lifted the ban on the substance as some judges argue that it should not be classified as a controlled substance. Here's an article for a state-by-state guide to the legality of delta-8 THC. 

What's Behind the Banning of Delta-8 THC? 

Due to the confusing, conflicting, and vague federal guidelines, some states have moved to restrict or ban delta-8 THC products. Such a dilemma has put the substance in a legal gray area. It raises the question of whether delta-8 users are consuming a potentially illegal compound. There's also a concern about its classification as the DEA believes it should be considered a controlled substance. Until these matters are resolved, the production, sale, and possession of delta-8 products may remain questionable. 

Farm Bill versus Drug Enforcement Administration 

There's a conflicting matter between the provisions of the 2018 Farm Bill and the stand of the Drug Enforcement Administration. Under the law, all hemp and hemp-derived cannabinoids are considered legal. It has also removed delta-8 THC from the list of controlled substances. But in 2020, the DEA issued a controversial interim rule that sought to integrate the Farm Bill with the Controlled Substances Act. This action has spelled confusion on the legality of the substance. 

Under the DEA's ruling, all synthetically-derived THCs remain schedule-1 controlled substances. This is a controversial decision that impacted manufacturers and consumers of delta-8 THC. Most companies convert CBD through a structural isomerization process to produce a large amount of the substance to meet market demands. If the delta-8 THC is produced by chemical synthesis and not sourced naturally from the hemp plant, the agency believes that the substance is synthetic. 

Potential Benefits of Delta-8 THC 

Delta-8 THC is one of those cannabinoids purported to have therapeutic effects despite being a psychoactive compound. But there is still a lack of scientific research and clinical trials on the substance. As such, most of the potential health benefits are dependent on marketing claims. There's a need for more research to identify the substance's specific benefits. However, the legality issues surrounding the subject can make research difficult. 

Interestingly, some reports claim that using delta-8 THC may result in euphoria, relaxation, and pain relief. This is supported by the findings contained in the Journal of Cannabis Research. Other studies found that the cannabinoid may relieve nausea, stimulate appetite, and reduce anxiety. As research finds, there are fewer side effects in using the substance when it comes to safety concerns. 

Possible Side Effects of Delta-8 THC 

When delta-8 THC is produced artificially, it uses chemicals to convert CBD from hemp to create synthetic products. This may involve organic solvents and strong acids that may harm our health. However, there are still no studies showing their long-term impacts, and they are not yet regulated. 

In a survey, it was indicated that using delta-8 THC may trigger the following side effects: 

  • Anxiety and paranoia
  • Difficulty concentrating
  • Altered sense of time
  • Difficulties with short-term memory 

Based on the reports of the FDA, many consumers have experienced some side effects of using delta-8 THC. So, if you're planning to take this substance, it's important to observe moderation and stay within your tolerance level. 

Will Delta-8 THC Show in Drug Test Results? 

Since delta-8 THC is a psychoactive compound, it raises concerns about the possibility of the substance showing in drug test results. Currently, there are no sufficient data to determine whether that possibility may occur. Researchers only believe that the excessive use of the substance may render anyone positive in a drug test, given that it has chemical similarities with delta-9 THC. 

Keep in mind that delta-8 THC products have not been evaluated or approved by the Food and Drug Administration, requiring consumer discretion. If you are concerned about your safety, you can consult your health care provider to know whether it's appropriate for your needs. 

Tips when Buying Delta-8 THC Products 

As mentioned previously, there are gray areas on the legality and safety of delta-8 THC products. So, as a potential consumer, you should be careful about where you're buying your medical or recreational marijuana and how you consume them. For your safety, here are a few things to keep in mind: 

Know whether delta-8 THC is legal in your state

Some states ban delta-8 THC, which means that possessing the substance may entail legal consequences. You have to determine whether there's also the same prohibition in your area. Once you're certain about the legal provisions, you can decide whether or not to purchase the products. Remember that local laws may change over time, so keep yourself abreast of the latest updates. 

Determine the source of hemp flowers 

The 2018 Farm Bill legalizes hemp and hemp-derived products, so you should be particular about the source of delta-8 THC. Any product that's been extracted from other plants is deemed illegal. This information ought to be provided by your company for transparency. As a consumer, take a few moments to review the ingredients used by the manufacturer. If it doesn't use organic hemp flowers, you may consider other providers. 

Check the Third-Party Lab Test Results 

A reputable manufacturer of delta-8 THC products should be able to provide the third-party lab results. This is also called a Certificate of Analysis which serves as a reference for the purity of ingredients. You can check the total cannabinoid count and average terpene percentages here and see whether the product contains heavy metals, pesticides, or other toxins. So, don't forget to read through this document as you explore your options in the weed market. 

Scrutinize the Company's Track Record 

Reading consumer reviews would benefit you as a consumer. It will give you an idea about the reputation of the delta-8 brand in the industry. But it would be best if you also were critical about your sources - make sure that you're getting objective testimonials from past and loyal customers. You might check how long the company has been operating as it also speaks about its stability. 

Where to Buy Your Delta-8 THC? 

You've probably seen many local weed dispensaries and online shops selling delta-8 THC products. With hundreds of choices, how do you determine the best pick? For beginners, we suggest that you shop at online stores like Apotheca.org for your convenience. If you're still in doubt, there are key benefits that this choice could offer: 

  • Quick and Convenient Shopping - you can do online weed shopping in the comfort of your own home. This eliminates the cost and stress of traveling to the local dispensaries from your place. You can also avail of free delivery offered by some companies, as long as you meet the minimum purchase. 
  • More Choices in One Place - online shops have all the products and information on their website. All you need to do is browse the content and choose the items you need. You may try our Delta 8, Bubba Kush, for a great start! There is also customer service in case you need some help. 
  • Guaranteed Safe and Secure - reputable companies have a safe and secure website for all customers. You have to find that provider that protects your interest. At Apotheca.org, your trust and welfare are valued. Try our products and services today! 

Grab Our Best Delta-8 THC Offers Today! 

Delta-8 THC can do wonders for your health and satisfaction when appropriately consumed. Although it faces legal concerns, the ongoing market demand suggests that many folks still use the product. If you want to discover how it works for you, grab our best offers today! Apotheca.org is a trusted provider of hemp and cannabis products that serve as alternative health supplements for everyone. We have a safe and convenient shopping space for you!