Is Delta 8 Legal in my state?

Is Delta 8 Legal in My State?

Delta 8 exploded onto the scene in 2019 as a legal form of THC. Since Delta 8 THC is derived from CBD it is legal under the 2018 Farm Bill. The Farm Bill states that ‘CBD and its derivatives, extracts, cannabinoids, isomers et al is legal providing it contains less than 0.3% THC Delta-9 on a dry weight basis’.

Delta 8 is created by a chemical technique of heating and converting the cannabinoids into Delta 8 THC. This is an area that is largely unregulated opening the floodgates of non-lab tested products. Always purchase from a company that is transparent and posts the lab COA’s on their website.

So far the following States have made the sale of Delta 8 products and flower illegal:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Nevada
  • Rhode Island
  • Utah

As the sale of Delta 8 THC may well hurt the sale of traditional THC Delta 9 products in dispensaries it is little wonder that States have sought to ban the sale of these products. This can severely impact tax revenue generated from the sale of Recreational Marijuana in dispensaries.

Here is an updates list of changes to laws in 2021 taken from the United States Cannabis Council report on Delta 8 :

In addition to agency guidance, several states have pending bills or newly enacted laws addressing Delta-8 THC. Other recent state legislative and regulatory activities concerning Delta-8 THC as of this writing include:

 • Hawaii HB 422 was introduced into the Hawaii House on January 25, 2021. The bill adds Delta-8 THC to the list of controlled substances.

 • Illinois HB 0147 has passed the Illinois House and is currently in the Senate. The bill directs the Illinois Department of Agriculture to establish testing, packaging, and labeling requirements for all nonmarijuana cannabinoid products. This would extend to Delta-8 products. 

• Louisiana HB 640 was introduced in the Louisiana House on April 2, 2021 and is scheduled for a floor debate on May 10, 2021. The bill makes several minor changes to the state’s hemp production program and defines “Total THC Concentration” to include Delta-8, Delta-10, Delta-6a(10a), Delta-6a(7), Delta-7, and Delta-9 THC.

 • Michigan HB 4517 was introduced to the house on March 16, 2021 and includes language that amends the definition of THC to include “a tetrahydrocannabinol, regardless of whether it is artificially or naturally derived” and “a tetrahydrocannabinol that is a structural, optical, or geometric isomer of a tetrahydrocannabinol . . .” The bill also gives the marijuana regulatory agency the power to exclude specific tetrahydrocannabinols from the definition of THC if it determines that the tetrahydrocannabinol does not have the potential for abuse based on several specific factors. 

• North Dakota HB 1213 is awaiting the Governor’s signature. The bill amends the definition of THC to include Delta-9 and Delta-8 THC. The bill also amends the THC possession laws so that possession of an amount less than 2 grams is an infraction and possession of more than 2 grams is a misdemeanor. 10 • North Dakota HB 1045 was signed by the Governor on April 26, 2021. The law allows the Commissioner of Agriculture to set the allowable THC concentration in hemp and defines THC to include Delta-9, Delta-8, Delta-10, and Delta-7 THC. The bill also prohibits North Dakota hemp licensees from selling hemp or hemp products that were “created using the isomerization of cannabinoids to create isomers of tetrahydrocannabinol, including Delta – 8, Delta – 9, and Delta – 10 tetrahydrocannabinol.” 

• Oklahoma HB 1961 was introduced in the Oklahoma House on February 1, 2021. The bill would bring delta-8 under the purview of the state’s regulated marijuana program by defining marijuana to include Delta-8 and Delta-10 tetrahydrocannabinol with a concentration in excess of .3% on a dry weight basis. 

• Oregon HB 3000 was introduced in the Oregon House on January 21, 2021 and a public hearing was held on April 20, 2021. The bill gives regulatory authority over “artificially derived cannabinoids” to the Oregon Liquor Control Commission. The bill also defined THC to include “all tetrahydrocannabinols that are artificially or naturally derived, including but not limited to Delta-8 tetrahydrocannabinol and Delta-9 tetrahydrocannabinol.” 

• Texas HB 2593 was amended in the Senate to add the following language to the definition of a controlled substance: “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 2-B, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp, except that the term includes a consumable hemp product, as defined by Section 443.001, if the sum of all tetrahydrocannabinol concentrations in the product is more than 0.3 percent on a dry weight basis. The addition of this language would make any product that contains > 0.3% of any form or combination of forms of THC (including Delta-8) a controlled substance. The bill was amended in the senate and now must go back to the House for concurrence. 

• On May 14, 2021 the Colorado Marijuana Enforcement Division notified marijuana business owners that modified or synthetic versions of THC derived from industrial hemp could not be sold in Colorado stores.

How Safe is Delta 8?

Delta 8 is very safe providing it is pure. The main issue is with labs converting CBD to Delta 8 and not removing all of the solvents in the process. This can happen too with the winterization and distillation of CBD and THC Delta 9 products. 

It is important to purchase from a reputable company that lab tests their products on a regular basis. Remember, cheapest is not best. Do not opt for a company that has the best price or looks to be a fly by night company. Choose a company with good reviews and lab COA’s, particularly chemical and toxicity tests in additional to the lab COA.

There is a slew of harmful products that can be left over as residue from the process. These include: Heptane, Hexane, Cyclohexane, Toluene, Sulfuric Acid, Hydrochloric Acid, and p-Toluene Sulfonic Acid and they are definitely not chemicals you want to be inhaling in a vape.

Ensuring your product does not contain any of these is key to enjoying your Delta 8 product and ensuring it is not going to negatively impact your health.