Legality of Delta-8

Legalities of D8 THC

Delta 8 THC was made legal by H.R. 2: The Agricultural Improvement Act of 2018, commonly referred to as the 2018 Farm Bill. It was specifically made legal when hemp allowed for all derivatives, isomers, and cannabinoids of hemp that were not Delta 9 THC.

Up to that point, D8 THC had been illegal and was specifically named in the Controlled Substances Act. However, in addition to making all hemp cannabinoids, isomers, and derivatives legal, H.R. 2 specifically includes text to remove all confusion between laws by amending the Controlled Substances Act to exclude Delta 8 THC from hemp.

Delta 8 THC is federally legal and legal in most states, but it is not legal in all states. D8 THC is legal in most states that have hemp laws mirroring H.R. 2, however not all states do this. Some states specifically exclude D8 THC or have laws that do not specifically make all cannabinoids, isomers, and derivatives of hemp legal, creating a grey area for the compound.