Delta-8 Hemp Flower Legality By State

Where is Delta-8 Legal to purchase?

Delta-8 is the new buzzword in the CBD and cannabis world. Technically, Delta-8 is hemp derived making it legal under federal law. However, several States have taken action to deem Delta-8 products illegal for sale in their States.

As of 02/11/2021 the following is a list of States in which Delta-8 is illegal:

Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, and Utah.

Delta-8 is considered legal in all other States provided it is derived from hemp and not cannabis.

Many people have speculated that Delta-8 has been made illegal in certain States as they fear people will buy Delta-8 products instead of cannabis. States are quite protective over ensuring they receive their cannabis sales tax, which can amount to 33% in some States.

Delta-8 has around half the psychoactive effects of cannabis and given that it can be sold to any customer over the age of 21 under the 2018 Farm Bill without any of the excessive cannabis sales tax making Delta-8 a favorite cheaper alternative for many people.

Delta-8 Flower has become a favorite as many customers report it has all of the positive benefits of smoking cannabis without any of the paranoia or negative effects. It also is lighter and has a more motivating effect. Many customers have reported they enjoy smoking Delta-8 Flower during the day to curb pain and inflammation. It can also be used at night to ensure a restful nights sleep.

There was some controversy over Delta-8 last August when the DEA announced that Delta-8 would be considered illegal as it was a chemical derivative of the hemp plant. According to its Interim Schedule Rule released on August 21st, the DEA said “All synthetically derived tetrahydrocannabinols remain schedule 1 controlled substances.” They quickly reversed this decision though

Some argue that Delta-8 is technically an isomerization of the hemp plant, making it legal under the 2018 Farm Bill. The DEA are in the process of creating an amendment to the Farm Bill that will spell out exactly which cannabinoids, polymers, isomers, and derivatives are deemed legal and illegal. As we wait to see the outcome of this amendment it seems that it has remained legal to ship Delta-8 Products to many States within the country. 

New laws coming for Delta-8 and CBD vape cartridges

There is one exception, however. Congress passed a bill that will no longer allow Delta-8 or CBD vape cartridges to be shipped via USPS. This is expected to go in to effect on 15th March 2021, so stock up before then.

Delta-8 is a great alternative to cannabis. It is more cost effective, and it contains all the positive attributes of cannabis without the negative ones. Always look for vape carts that contain 100% Delta-8 Distillate with no added fillers. Look for lab COA’s to ensure that the Delta-8 product you are purchasing has been lab tested.