Is delta-8 thc legal?

4 min read
Delta-8 THC Prerolls

The new buzzword in the cannabis community is Delta-8. You may have heard this term mentioned at a smoke shop or even seen it in recent news reports. But if you haven’t yet, you definitely will hear about it soon. Delta-8 THC is nothing new, but just like CBD, which rose in popularity over the last five to ten years, Delta-8 seems to be the next new thing. There’s a few reasons why this is and we’re going to break down what exactly this cannabinoid is and answer the most important questions like “is Delta-8 THC legal?”

What is Delta-8 THC?

To understand Delta-8, you first need to know about cannabinoids. Delta-8 THC, also simply called Delta-8 is one of many chemical compounds that are naturally produced by the cannabis plant, collectively known as cannabinoids. Some people think cannabis contains hundreds of these natural compounds, though it is very difficult to study since most are produced in very trace amounts. A few of the most prominent cannabinoids are tetrahydrocannabinol (THC), cannabidiol (CBD), cannabigerol (CBG), cannabichromene (CBC). THC, the compound that produces desired psychoactive effects is actually very similar to Delta-8. The full scientific name for the THC that you’re accustomed to is actually Delta-9 THC. Therefore, both Delta-8 and Delta-9 are types of THC. For the sake of this article, we’ll use the term THC to refer to Delta-9 and Delta-8 when speaking about the other cannabinoid.

Since hemp products are legal, most Delta-8 is derived from these plants, just like CBD. Most Delta-8 on the market today begins as a CBD isolate, which is then refined synthetically into Delta-8 THC. This is the main reason why you may find a higher price tag on Delta-8, which requires additional processing versus a CBD product.

Does Delta-8 make you high?

THC is found in high quantities in cannabis plants and produces sought-after effects like happiness, euphoria, sedation, pain relief, uplifted feelings, and more. Delta-8 on the other hand is a minor cannabinoid found in both cannabis and hemp plants, though it is not as potent as THC. The experience is described as much less intense than smoking bud, with fewer of the negative effects like couchlock and paranoia that some people experience after smoking cannabis. Delta-8 is very popular with people who have a low tolerance, don’t want to experience negative side effects, or who are looking for a slight buzz with reduced anxiety without being totally baked. These mild effects are also sought-after by those who want to have some of the benefits of THC while still being alert.

Right now, Delta-8 THC is stuck in a grey area in terms of legality. Part of its rise in popularity is due to the fact that it can be derived from hemp, just like CBD. Hemp cultivation has been federally legal since the 2018 Farm Bill was passed, which defines legal hemp-derived products as being “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.” It makes no mention of Delta-8 and it is such a new trend that all but 11 state laws don’t even mention it when addressing cannabis and marijuana legislation. The DEA is currently trying to pass legislation to include Delta-8 THC as a Schedule I drug, just like marijuana, which would make the cannabinoid illegal at the federal level, but this hasn’t happened yet.

Can I order Delta-8 online legally?

While technically Delta-8 is still legal at the federal level if derived from hemp, some states have added specific laws banning Delta-8 THC. Recently, the Colorado Marijuana Enforcement Division outlawed synthetic THC including Delta-8 and Delta-10 from being sold in the state’s dispensaries. Most online headshops will not allow sales to those with shipping addresses in the following 11 states that have some type of rules in place that bans the sale and use of Delta-8. State where Delta-8 is illegal are:

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

Delta-8 gummies and other products to try

Just like other 420 products, Delta-8 comes in a variety of consumables such as edibles like Delta-8 gummies, vape cartridges, tinctures, prerolls, dabs, topicals, capsules, and more! If you’re interested in trying Delta-8 THC for yourself, these are a few great products to start with.

  • The Helping Friendly Delta-8 Salve - Available in a 1 oz, 250 mg jar or a larger 4oz, 1,000 mg option, this Delta-8 salve comes in unscented or peppermint. Use this topical on the temples for headaches or directly on your skin to relieve muscle pain.
  • Better Delights Delta-8 Gummies - Predosed with 10mg of Delta-8 THC per gummy, this edible tastes like blue raspberry and is perfect for those on the go.
  • Kush Kolectiv Delta-8 Diamond Dabs - Choose from Glookies, Lemon Diesel, or Sunday Driver Delta-8 dabs with 2,000 mg potency.

For more Delta-8 gummies and other legal THC products, visit our online smoke shop.

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