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Is Delta-8 THC Legal?

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Delta 8 THC is a cannabinoid found in the hemp plant that has recently gained popularity due to its accessibility and promising applications.

Yes, hemp-derived cannabinoids, including Delta 8, are Federally Legal

Made legal under the 2018 Farm Bill, Delta 8 THC products are available for purchase in most states. Delta 8 has properties similar to Delta 9 THC, the most well-known and prevalent type of THC. Delta 8 is less potent and can provide different effects.

Related article: What is Delta 8 THC?

What is the Farm Bill?

The farm bill is a package of legislation passed roughly every five years that has a large impact on farming livelihoods, how our food is grown, and what kind of agriculture can be grown legally.

Signed by President Trump and implemented by the U.S. Department of Agriculture (USDA), the 2018 Farm Bill allows pilot programs to study hemp and hemp-derived products while also outlining actions that are considered violations of the federal hemp law, including such activities as cultivating hemp without a license or producing cannabis with more than .3 percent Delta 9 THC.

Delta 8 THC is legally allowed under the 2018 Farm Bill, as it does not fit the definition of marijuana under the Controlled Substance Act and is derived from the legal hemp plant.

Read the full Farm Bill

The Future of THC Legalization

With the use of Delta 8 THC and other cannabinoids becoming more and more widespread nationwide, we have to ask the next question: Will marijuana become legal?

Marijuana, or more specifically, cannabis with more than .3% Delta 9 THC has been a hot button issue nationwide. With more and more states legalizing it each and every year, this year, history is being made. As of this November, for the first time ever, the house will vote on federal marijuana legalization. Though it would still be up to the individual states to pass their own regulations, many economists are proposing that the legalization and regulation of marijuana could help fill the hole left in the economy by the economic downturn we have seen in 2020. If you’re interested in seeing marijuana become legal in your state, call your state and local government to voice your opinions on the legalization of marijuana.

Delta 8 THC Legalization by State

While Delta 8 THC is federally legal, some states have explicitly made it illegal. The following are a list of states and their laws, as of writing, regarding the legality of Delta 8 THC.

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