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Delta-8: Is it Legal?

Delta 8 THC was made federally legal by The Agricultural Improvement Act of 2018

Delta-8: Is it Legal?

The short answer is yes, but it’s not quite that simple. For the purposes of this article, we will only be focusing on the United States. The 2018 farm bill legalized hemp and all derivatives, isomers, and cannabinoids in hemp provided the final product has less than 0.3% Delta 9 THC, effectively making delta-8-THC federally legal when derived from hemp. As per the farm bill, hemp is defined as:‘‘SEC. 297A. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) HEMP.—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.

Delta 8 THC – federally legal THC

With the passing of the farm bill, hemp-derived delta 8 THC became federally legal, even though it is still listed as a schedule 1 substance, due to the Nixon-era war on drugs. When delta 8 was initially beginning to be researched in the US in 1974, even though studies were showing promise, the research was suppressed and further exploration promptly banned.


Meanwhile, other countries with less political corruption have been conducting research into delta-8 THC for almost 50 years, making it one of the most researched cannabinoids to date. While the US still purports that it has no medicinal value, a simple search for ‘delta 8’ into pub med will return just shy of 25,000 articles on the potential medicinal benefits of this scary drug.

Can I buy Delta 8 THC?

While legal federally, there are differing regulations state by state. Due to state regulations, we are not currently shipping Delta 8 THC concentrate, or any sort of delta 8 thc derived product to Alaska, Arizona, Arkansas, Delaware, Idaho, Iowa, Mississippi, Montana, Nebraska, Utah.

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If you are looking where to buy delta-8, check out our article. 


This article is not meant to serve as legal advice. If you are seeking legal assistance, please contact a lawyer involved in the hemp/cannabis industry. This article is an interpretation as of 07/14/2020. For complete up-to-date information, please check with your state authorities.

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