Is Delta 8 Legal?

You ended up here asking yourself, “Is Delta-8 THC Legal?” Delta-8 THC, a.k.a. D8, is a cannabinoid in trace amounts in cannabis plants. Many of the delta eight products on the market today are derived from federally legal hemp. Hence, they are technically legal on a federal level, according to the 2018 Farm Bill. Nevertheless, the legality of the substance is subject to state laws.

Although marijuana is illegal under the Controlled Substances Act, hemp and its derivatives are not. Federal law permits its production, distribution, sale, possession, and use. Hemp pertains to cannabis plants that contain less than 0.3% delta 9 THC. Therefore, delta 8 THC derived from hemp is technically not a controlled substance.

According to the Drug Enforcement Administration, although some states have legalized medical marijuana and recreational marijuana, it remains a Schedule I drug. However, delta-8 THC falls into a somewhat gray area. While the federal government allows the use of hemp-derived cannabinoids because of the Agriculture Improvement Act of 2018 (the federal Farm Bill), some states prohibit psychoactive cannabinoids such as delta 8.

Many users testify that D8 helps them sleep, treat appetite loss, control seizures, relieve pain, enhance relaxation, and many other benefits. It is also a popular recreational product because it delivers a euphoric high without inducing anxiety or paranoia. Nonetheless, it has psychoactive properties, so many states make them illegal.

This article aims to provide information about the legal status of delta 8 THC. Although it is derived from legalized hemp, your state laws may prohibit its sale and use. Before you buy any D8 products, be sure that it is not banned in the area where you live.

Introduction to Delta 8 THC

Delta 8 THC is a rare cannabinoid extracted from the cannabis plant. It is a form of THC, but it should not be confused with the regular THC, also known as delta 9 THC. Although cannabinoids share many common traits, they differ slightly in molecular structure. For instance, D8 has a lesser potency than D9 in psychoactive effects. Experts believe that the potency of D8 is around half compared to D9.

Delta 9 THC is known to cause anxiety and paranoia when taken in excess. However, D8 is less likely to cause any adverse effects. Although D8 is less potent, it still provides an enjoyable euphoric high that is milder and with fewer adverse effects. Nonetheless, taking too much in one sitting can cause you to become too lethargic or couch-locked.

Click here to learn how to order legal edibles online in 2024.

Like all other potent cannabinoids, delta 8 THC may pose serious health risks to children. Some poison control centers have reported people calling due to vomiting and hallucinations caused by accidental ingestion of delta eight products. The most likely culprits are D8 edibles that look like regular delectable treats. Therefore, cannabis users should be responsible for keeping cannabis-infused edibles away from unsuspecting individuals, especially children and pets.

The Legality of Delta 8 THC

The legal status of delta 8 differs from state to state. On a federal level, D8 is permitted if it is derived from the hemp plant and not from marijuana. As of the moment, it is legal in 28 states. Some states have made it legal for medical use only, while others ban it entirely or restrict its use only to a certain extent. Understand that some states criminalize even the mere possession of D8. Hence, you should avoid carrying any D8 product if you live in such a state.

Although hemp and marijuana refer to the cannabis plant, the statutory definition of each is different. Hemp pertains to cannabis plants that contain less than 0.3% THC. Marijuana pertains to cannabis that has more than 0.3% THC. As long as delta eight is derived from hemp, it remains legal in many states. However, if it is derived from marijuana, it is permitted only in states where marijuana is legal.

How Delta 8 Works

Cannabinoids influence how our mind and body works by interacting with the endocannabinoid system (ECS). The ECS comprises endocannabinoid and cannabinoid receptors that help regulate the production and release of certain hormones that affect mood, pain perception, stress, cognition, focus, and the like.

Delta 8 works by bonding with the CB1 cannabinoid receptors in the brain and other parts of the central nervous system. Hence it causes psychoactive effects like D9 but at a milder level. It may also help reduce pain perception, alleviate stress, enhance mood, and induce relaxation.

Since D8 does not deliver the same psychoactive effects as D9, many believe it should not be treated as a controlled substance. Some people also believe that it is not addictive. However, when consumed in higher doses, it may trigger almost the same effect as D9.

Effects and Benefits of Delta 8 THC

Delta 8 products are popular because they produce psychoactive effects comparable to traditional marijuana products. It delivers as much as half of the potency of regular THC. Some users who have free access to recreational marijuana love to use delta eight over delta-nine because it has milder effects.

Here are some of the excellent benefits of consuming D8:

• It delivers a euphoric high while keeping you clear-headed.
• It is less likely to cause anxiety and paranoia associated with regular THC products.
• It does not produce any weed smell.
• It is easy to use.

Delta 8 has analgesic properties, which means that it can reduce pain. If you suffer from chronic pain, taking delta eight may help you manage pain. It may also work as an antiemetic to help manage epilepsy and other kinds of seizure disorders. However, the FDA has not approved the use of D8 for therapeutic purposes.

There are many other excellent reasons to consider D8 products. If you want to take the product for medical reasons, you should console your doctor first. Work with your healthcare professional to determine the benefits and risks of taking cannabinoids for medical purposes and how you can handle the possible side effects.

Possible Side Effects

Like regular THC, too much delta eight can have adverse side effects. Some of the most common include:

• Nausea and dizziness
• Rapid heart rate
• Panic attacks
• Dry mouth
• Irritated eyes

If you have hypertension or heart disease, you should consider your delta eight intakes. Do not go beyond your tolerance level to avoid getting heart palpitations. Start with a low dose and increase the amount gradually until you achieve the desired results. As soon as you experience side effects, you have exceeded your limit.

It would be best if you never drive or engage in productive activity when under the influence of D8. It can make you lethargic and unable to control your movements with ease. Wait for the effects to die down before driving or operating heavy machinery. If you experience panic attacks or anxiety, breathe deeply to regain calmness. Whenever you believe that you are experiencing severe side effects, do not hesitate to consult your doctor immediately.

Positive Experiences with Delta 8

Moderate intake of delta 8 provides a feeling of euphoria, enhanced senses, mental clarity, and improved focus. Many users who suffer from insomnia report having a better sleep at night because of the relaxing effect of the compound. People with chronic pain can manage their daily activities because of the analgesic effect of D8.

The overall effect of delta 8 varies from person to person. It all depends on your body’s chemical makeup, metabolism levels, age, physical and mental condition, and tolerance to THC. Some people may experience side effects, while others do not.

 

Update: June 19th, 2024 – Delta 8 and Spice

As of June 2024, there is increasing concern and regulatory scrutiny surrounding Delta 8 THC, particularly regarding products being marketed as “spice.” Spice, also known as synthetic cannabinoids, is a broad term that originally referred to a different category of chemicals than Delta 8 THC. However, some manufacturers blend Delta 8 with synthetic compounds to enhance potency or create different effects, prompting regulatory bodies to re-evaluate the legal status of such products.

At Levit8, we take pride in providing pure Delta 8 THC made the right way. High-grade Delta 8 THC, like ours, is carefully extracted and refined to ensure purity and safety, offering a clean and reliable experience. In contrast, low-grade Delta 8 products may contain impurities and contaminants, potentially posing health risks. Spice products, often mislabeled or sold as Delta 8, contain synthetic cannabinoids that can be dangerous and unpredictable.

Consumers are urged to exercise caution, verifying the authenticity and safety of Delta 8 products to avoid unintentional consumption of harmful synthetic additives.

Read the full blog we continue to update on this subject, “Is Delta Spice?”.

Is Delta 8 Legal in Your State?

At the moment, Delta 8 THC is legal in the following states:

• Florida
• Georgia
• Hawaii
• Indiana
• Kansas
• Louisiana
• Maine
• Maryland
• Massachusetts
• Minnesota
• Missouri
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• North Carolina
• Ohio
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Texas
• Virginia
• Washington DC
• West Virginia
• Wisconsin
• Wyoming

It is restricted or banned in the following states:

• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Idaho
• Iowa
• Kentucky
• Michigan
• Mississippi
• Montana
• New York
• North Dakota
• Rhode Island
• Utah
• Vermont
• Washington

It is currently under review in the following states:

• Alabama
• Illinois
• Oklahoma 
• Oregon 

Avoid Getting in Trouble for Possessing D8 Products

If you reside or are in a state where D8 is restricted or illegal, you should not carry around or use D8 products. Once you get caught in possession of the substance, you may be charged criminally for possession of illegal drugs. Be sure to speak to a qualified attorney in the area.

Do Not Bring Delta 8 Products While Traveling

Delta 8 is not legal in all states. You could face criminal charges for mere possession of an illegal substance. Therefore, you should not try to bring your delta eight products with you on a plane or any other transport while crossing state borders.

You may carry your D8 products only when travelling to another state where D8 is legal. Be sure to determine the laws in the state you are visiting before deciding to bring delta eight products along with you.

Know the Status of Delta 8 in Your State

Even if you live in an area where delta 8 is legal, be sure to know the current status of delta eight regulations. Delta 8 may only be temporarily legal in your area and may change depending on lawmakers’ decisions. Always keep yourself up-to-date with the latest news in the cannabis industry.

In addition, be careful when buying D8 products online. You have to buy only from trusted sellers. Avoid the illicit or unregulated market at all costs, especially from gas stations. There are many products out there made out of dangerous synthetic cannabinoids. They may give you a high, but synthetically produced cannabinoids may contain chemicals that pose serious health risks.

The best way to avoid low-quality products is to buy from reputable companies that sell products accompanied by a certificate of analysis (COA). A third-party laboratory should provide the COA. It shows the product’s potency and the presence or absence of any harmful contaminants.

What Makes Delta 8 Controversial and Is Delta 8 Truly Legal?

Delta 8 THC produces similar effects to delta 9 THC. Remember that marijuana is still a Schedule I drug and is considered illegal on a federal level. Many people still think delta eight is equally similar to delta-nine because they are psychotropic substances. Hence, they believe that it should be restricted at all costs. However, most delta eight products marketed today are derived from federally legal hemp, making it controversial.

Many states have legalized recreational cannabis and see delta eight as a new trend in the industry. In areas where marijuana is illegal, delta 8 remains a recreational option because it is derived from hemp. Despite the varying opinions, only the state lawmakers can declare delta eight as legal or illegal. Fortunately, many states uphold the substance’s legality, and other states may soon follow. Ultimately, delta eight products will continue to be accepted as legal in the US because of the 2018 Farm Bill.

The Basis for Legality

The 2018 Farm Bill is the primary basis of delta 8 THC legality in the US. Many states do not even bother to create any other laws because this statute protects hemp-derived products. Some states go even further and make laws that allow the use of marijuana for medical and recreational purposes. Nevertheless, some states ban delta 8, citing a psychoactive compound similar to marijuana.

Delta 8 is a psychoactive substance. It induces a euphoric high when consumed through inhalation or ingestion. Nevertheless, some states do not consider it a controlled substance as long as it is derived from hemp. Hence, it remains legal in many states despite producing almost the same effects as marijuana.

Where to Buy Delta 8 THC Products

DELTA 8 THC products are available in local dispensaries where it is not restricted or banned. As more states maintain the legality of delta 8, it should not be hard to find a local dispensary selling D8 products near you. If you want to buy discreetly, you can always buy online from reputable sites such as Levit8. You can visit our website to learn more about delta eight and other exciting cannabis products.