IS DELTA-8 THC Illegal? Find Out If You Can Still Buy It!

With the popularity of Delta-8 THC on the rise, it has become under more intense scrutiny from regulators. An increased number of states are cracking down access to the product. Some are setting potency limits, others are outright banning the substance. The most recent List of Controlled Substances[1] from the US Drug Enforcement Administration lists delta-8 THC as a controlled substance.

All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.

DEA Interim Final Rule – Published 8/21/2020

However, the 2018 Farm Bill states that all products derived from the hemp plant are no longer controlled substances, as long as the delta-9 THC contents are under 0.3%.

So where does that leave us?

On a federal level, if the delta-8 THC is produced synthetically, it is still a controlled substance. The 2018 Farm Bill only ensures that any cannabinoid derived naturally from hemp will be legal. Because of the haziness of federal regulations, some states are taking matters into their own hands. Currently, 16 states have passed laws banning it. In addition, a growing number are currently in the process of updating their laws to address it. Below is a list of states that have banned delta-8 THC (Updated August 3rd, 2021).

States where delta-8 THC is illegal

  1. Alaska
  2. Arizona
  3. Arkansas
  4. Colorado
  5. Delaware
  6. Idaho
  7. Iowa
  8. Kentucky
  9. Mississippi
  10. Montana
  11. Nevada[2]
  12. New York[3]
  13. North Dakota
  14. Rhode Island
  15. Utah
  16. Vermont[4]

States where delta-8 THC regulation is being discussed

  1. Alabama – The state Senate voted on a bill [5] that would have banned delta-8 THC. However, they removed the ban before passing the final bill. It is currently still legal to purchase delta-8 THC in Alabama.
  2. Illinois – The CBD Safety Act, House Bill 147[6] is currently in the Senate Assignments stage.
  3. Michigan – The state House has now passed legislation [7] that limits delta-8 sales to licensed dispensaries.
  4. Oregon – The state House is currently debating passing a bill[8] that would study artificially-derived cannabis compounds and have them regulated by the Oregon Liquor Control Commission, like conventional marijuana.
  5. Washington (restricted) – A recent notice of adoption of a policy statement[9] has clarified that synthetically produced delta-8 is illegal. However, delta-8 cultivated and not synthesized, may be added to marijuana products in licensed operations.

As always, check back here for the latest news regarding delta-8 THC.

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