What is Delta 8 THC?
Before understanding legality we have to understand what Delta 8 THC is (Δ8 THC) - Delta 8 THC is a hemp derived isomer in the tetrahydrocannabinol family, Delta8 THC is chemically different from the well know Delta 9 THC commonly found in cannabis. Delta 8 varies by a few atomic bonds forming a new compound that is not nearly as psychotropic however offers its own benefits such as antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties.
Delta 8 THC typically comes in a "Rose" or Clear distillate and can also be packaged into tinctures, vapes, and even edibles.
Now that we understand what Delta 8 is lets dive into the law and how this is legal.
The Agriculture Improvement Act of 2018/2018 Farm bill (CRPT-115hrpt1072.) officially amends "The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.)" definition of "Industrial hemp on page 429 (Subtitle G. SEC. 297A.) defining hemp as:
‘(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.'
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—
(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and
(2) by striking ‘‘Such term does not include the’’ and inserting the following:
‘‘(B) The term ‘marihuana’ does not include—
‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or
‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection
(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.
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So what does all this mean?
Well lets quickly break it down, Essentially Hemp is defined as the Cannabis plant and all of its parts or derivatives/extracts/isomers which Delta 8 THC falls within as long as it contains less then 0.3% delta 9 THC.
This blankets the legality of Delta 8 THC as long as it is derived from hemp and not marijuana.
Some people may point out the DEA schedule list mentioning Delta 8 however in the extended description noted above (SEC. 12619) THC's in hemp are not included.
Now this is not saying that every state is legal, this is where it get's messy. There are quite a few states with stricter regulations then the federal farm bill that makes it illegal in those states.
Please keep in mind 3BUDS LLC is not a lawyer, we are not offering legal advice and will not take responsibility for any loses, seizures or other action taken on behalf of this product, read more about this here: Legal Disclaimer
Is Delta 8 legal in your state? Find out below! Click your state.
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia