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Delta-8 THC Products Are Federally Legal Just Like Hemp


— June 30, 2022

Delta-8 is still a study that’s currently being investigated, reviewed, and discussed by researchers, lawmakers, and scientists.


The gentler sister of the Delta-9 THC has now gained some heated-up discussions as it has been declared federally legal so long as it is derived from Hemp. 

But what do we know about it and should we be concerned about this cannabinoid?

What Does That Mean?

Delta-8 tetrahydrocannabinol (THC) is extracted from hemp. It is believed to be the kinder sibling of the Delta-9 precisely because it still has psychoactive properties, albeit milder. 

Based on studies, Delta-8 does what cannabidiol (CBD) does without the extreme psychoactive reactions one can get from smoking pot or Delta-9. This means that it can do well in relieving stress, anxiety disorders, bipolar or mood disorders, and chronic pain without having to smoke the actual cannabis plant.

Additionally, Delta-8 is accessible through edible variants, such as gummies and vape cartridges. Those who underwent the study of its effects have also reported that they remained functional–were even able to continue their normal work and operations without trouble–amidst the low level of psychoactivity that Delta-8 has.

Delta-8 State Legality Overview

Because Delta-8 continues to have psychoactive effects, lawmakers are still going over the topic and discussions are still underway. The 2018 Farm Bill has declared that any part of the cannabis plant is legal–which includes Delta-8 THC since it is derived from hemp.

The Bill allows the legal sale of hemp-derived products, such as CBD, which has a regulated dose of 0.3% THC. This is particularly low, especially when compared to actual illegally smoked marijuana that has 15% THC.

Delta-8 in the form of edibles usually has an even lower amount of THC–some only have 0.1% THC–which is why the variant is a great discovery for those who are struggling with sleep, stress, and anxiety.

Texas Marijuana limitations even included the Delta-8 as part of its exceptions because of this. and thus, Delta-8 is legal in the state. New York marijuana laws, on the other hand, have a differing view on the matter—making them one of the states that have banned Delta-8.

Where is Delta-8 THC Available or Banned?

Laws regarding the legality of Delta-8 THC, however, vary across states. There are still 13 states that have banned it, and wherein it is illegal. Some states are still unclear or are still discussing the matter, while 31 states, which is the majority, have already legalized Delta-8.

Some lawmakers have stronger concerns, primarily because it can be taken through an edible variant, that Delta-8 could pose more risks for children and those who do not medically need it. Thus, regulations are also being dealt with in the course of the study.

Image of the FDA Logo
FDA Logo; image courtesy of the Food and Drug Administration via Wikimedia Commons

In addition, the Food and Drug Administration has taken the matter instead of addressing this concern through warnings of possible side effects. The safest way to check what a specific state has to say is to go over their current stand and also to keep posted on any updates as trials are still underway.

The Future of Delta-8 THC

Delta-8 is still a study that’s currently being investigated, reviewed, and discussed by researchers, lawmakers, and scientists. Thus, we can only truly hope for the best in whatever comes out of these discussions.

Congress is currently discussing the Hemp Advancement Act–which includes Delta-8–and if approved, will ban the variant across the country. Though based on the current stand of individual states, this might not likely be passed as the majority still supports its legalization.

Part of what can be a glimmer of hope is that laws will lean more towards regulated sales, which will make it legal and will create a safer environment for the use of Delta-8 since proper paperwork will be required from any business that wants to partake in the production and sale.

Additionally, regulating Delta-8 THC will also ensure safety from mislabeled products, untraceable compounds, and thorough testing and research, among others. Furthermore, it can even improve the quality of Delta-8 THC products.

If these are taken into consideration, perhaps there is a shot at keeping Delta-8 THC legal as it still proves to be greatly beneficial for those who are in chronic pain, under stress, having trouble sleeping, and those who are living with anxiety and other mood disorders.

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