If you are a cannabis user, you may be wondering, is Delta 8 legal? The short answer is, it depends on where you live. This article will go into depth about Delta 8, why it’s being banned, and whether you can consume it in your state.
What is Delta 8?
Before answering the question, is delta 8 legal, let’s get a good grasp on what Delta 8 is.
Delta 8 is a type of psychoactive cannabinoid. It is so called because of where its double bond of carbons is located within its cyclical ring structure.
In Delta 8, the double bond is in the 8th ring. This varies from Delta 9, which has a double bond in the 9th ring, Delta 6 which has a double bond in the 6th ring, and so on.
The cannabis is known to provide the type of affects you would expect from a marijuana product, which is to say, feelings of happiness and euphoria in some and feelings of anxiety and paranoia in others. However, its THC content is not very high. Therefore, it’s psychoactive effects aren’t as prominent as they are in other strains.
Is Delta 8 Legal?
With Delta 8 being so light, you may wonder, why would Delta 8 be banned? What are the grounds for the question, is delta 8 legal? Well, it all comes down to how Delta 8 is made and a piece of legislation.
Delta 8 is made naturally in the cannabis plant, but in very trace amounts. Therefore, it can’t be created naturally like Delta 9. It must be synthesized and concentrated through a chemical process.
When Congress passed the Farm Bill in 2018, it drew a legal distinction between marijuana and hemp. Before that, all cannabis products were considered marijuana and were forbidden. But the Farm Bill removed hemp from the Controlled Substances Act making it legal.
However, the Bill only legalized products that contain less than .3% delta-9 THC. It does not cover synthetic or naturally found chemicals like delta 8.
The law leaves plenty of gray areas and many entrepreneurs have interpreted it to mean that products that contain high quantities of delta 8 THC are legal as long as they come from the CBD in hemp and not the marijuana. And with increased production of CBD products, supply surpassed demand so many businesses decided to focus on delta 8 instead.
“The goal has been to produce delta 8 and claim that it is fully legal at the federal level since it was never explicitly outlawed as a Schedule I substance by the DEA,” explained neuroscientist, educator, and cannabis researcher Dr. Gregory L. Gerdeman. “This is controversial. Delta 8 and other isomers one can create from CBD are illegal according to the Federal Analogue Act of 1986.
“But the proponent interpretation is that, since the 2018 Farm Bill legalizes ‘isomers and derivatives’ of hemp, this supersedes and overrides any use of the Analogue Act to criminalize hemp-derived molecules whether they are psychoactive analogues of delta 9 THC or not.”
Is Delta 8 Legal According to the Government?
The government’s take provides insight to the question, is delta 8 legal? Here’s a review on how our lawmakers see things.
The FDA has issued warning letters to companies selling delta 8 citing them for things like “illegal marketing”, “drug misbranding”, and the use of the cannabinoid as a food product. Although the DEA has not taken a strong stance against it, local and state governments have raided delta 8 facilities in multiple states.
However, there’s quite a bit of confusion about delta 8’s legality as different laws and regulations exist in different areas. Furthermore, chemists can make tweaks that cause delta 8 cannabis to fall into a gray zone.
“Cannabis products are in this confusing realm where they can be subject to different laws and regulations, but chemists can always stay a step ahead of congress and make tweaks that fall into a legal great zone,” said Robert Mikos, a Vanderbilt University professor of law and marijuana policy researcher. “The problem is that lawmakers chose to define a drug based on a plant and regulate the plant, rather than the chemicals produced by a plant.”
“Now that this has caught on, a lot of states are scrambling to close the loophole. A lot are trying to go back and tweak their definition of hemp and not make the definition hinge entirely on delta 9, to instead cover other synthetic or naturally found chemicals like delta 8.”
Federal courts have addressed delta 8’s legality with a May 19 Court of Appeals ruling that vapes containing THC are legal under the Farm Bill. They further stated that “it is for Congress to fix its mistake” as if the delta 8 confusion was an unintended result of the legislation.
In the meantime, there is still much confusion surrounding the question, is delta 8 legal?
Is Delta 8 Legal in My State?
What it really boils down to is, is delta 8 legal in my state? Here’s what you need to know.
Currently delta 8 is explicitly banned in:
- Alaska
- Colorado
- Delaware
- Idaho
- Iowa
- Minnesota
- Montana
- Nevada
- New York
- North Dakota
- Oregon
- Rhode Island
- South Carolina
- Utah
- Vermont
It is regulated in:
- California
- Connecticut
- Lousiana
- Maryland
- Michigan
- South Dakota
- Washington
If you don’t live in one of these states, check local laws to find out is delta 8 legal in my state?
Does South Coast Safe Access Dispensary Sell Delta 8?
Currently, South Coast Safe Access dispensary Santa Ana carries Delta 8 Living Gummies. Each gummy contains 25 mg Delta 8 THC and less than .3% Delta 9 TGC. They produce a calming effect and have a delightful fruity flavor.
And the Gummies aren’t the only thing we have in stock. We also carry Alpine vapes, moon rocks ca and the best cannabis in Orange County. Shop online or come into our brick-and-mortar location to browse our wide selection.
