Created with Sketch. Created with Sketch.
Where Is Delta 8 Illegal?

Where Is Delta 8 Illegal?

Posted by GLAKratom on 26th Apr 2021

Is Delta-8 THC Federally Legal?

Yes, BUT!

While Delta-8-THC is in fact federally legal, several states have additional restrictions, such as:

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

If your state is not listed above, you can browse our Delta 8 Cartridge selection by clicking here!

Hemp & Marijuana Definitions

Hemp and Marijuana are simply broad classifications of Cannabis that were adopted into our culture; however, they are not legitimate nomenclature for the Cannabis plant.

- “Hemp” is a term used to classify varieties of Cannabis that contain 0.3% or less Delta-9-THC content (by dry weight).

- "Marijuana” is a term used to classify varieties of Cannabis that contain more than 0.3% Delta-9-THC (by dry weight) and can induce psychotropic or euphoric effects on the user.

Legality for Hemp & Marijuana

While hemp was previously regulated as an illegal substance under the Controlled Substance Act of 1970, it was removed as an illegal substance under the Agricultural Improvement Act of 2018, which federally legalized hemp and hemp-derived products that contain no more than 0.3% Delta-9-THC.

Marijuana, on the other hand, is still treated as a controlled substance and is federally illegal under the Controlled Substance Act.

Delta (9)-tetrahydrocannabinol is the chemical name for THC for the primary psychoactive ingredient in illicit, medical, and recreational marijuana.

Delta (8)-tetrahydrocannabinol is an isomer of Delta 9 THC, meaning they have the same chemical formula (C21H30O2) but different, distinct structures.

Isomers are molecules with identical formulas but distinct structures.

LEGAL HISTORY

AGRICULTURAL IMPROVEMENT ACT OF 2018

December 20th 2018: Statement from FDA Commissioner Scott Gottlieb, MD, on signing of the Agriculture Improvement Act and the agency's regulation of products containing cannabis and cannabis-derived compounds

This new law changes certain federal authorities relating to the production and marketing of hemp, defined as cannabis (Cannabis sativa L.), and derivatives of cannabis with extremely low (less than 0.3 percent on a dry weight basis) concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC). These changes include removing hemp from the Controlled Substances Act, which means that it will no longer be an illegal substance under federal law.

Just as important for the FDA and our commitment to protect and promote the public health is what the law didn’t change: Congress explicitly preserved the agency’s current authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and section 351 of the Public Health Service Act. In doing so, Congress recognized the agency’s important public health role with respect to all the products it regulates. This allows the FDA to continue enforcing the law to protect patients and the public while also providing potential regulatory pathways for products containing cannabis and cannabis-derived compounds.

We’re aware of the growing public interest in cannabis and cannabis-derived products, including cannabidiol (CBD). This increasing public interest in these products makes it even more important with the passage of this law for the FDA to clarify its regulatory authority over these products. In short, we treat products containing cannabis or cannabis-derived compounds as we do any other FDA-regulated products — meaning they’re subject to the same authorities and requirements as FDA-regulated products containing any other substance. This is true regardless of the source of the substance, including whether the substance is derived from a plant that is classified as hemp under the Agriculture Improvement Act. To help members of the public understand how the FDA’s requirements apply to these products, the FDA has maintained a webpage with answers to frequently asked questions, which we intend to update moving forward to address questions regarding the Agriculture Improvement Act and regulation of these products generally.”

TITLE 21 UNITED STATES CODE (USC) CONTROLLED SUBSTANCES ACT

SUBCHAPTER I — CONTROL AND ENFORCEMENT

PART A — INTRODUCTORY PROVISIONS

§802. Definitions

(16)(A) Subject to subparagraph (B), the term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.

(B) The term "marihuana" does not include

(i) hemp, as defined in section 1639o of title 7; or

(ii) the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

7 U.S. CODE § 1639O.DEFINITIONS

(1)Hemp

The term hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

FINAL THOUGHTS ON DELTA 8

It appears that Delta 8 THC cartridges have been confirmed as federally legal. However, there are several states that have banned Delta-8-THC in their state laws.

These states include:

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

SUMMARY

The US banned all Cannabis / Marijuana with the Controlled Substance Act (Defined in Section 802) This includes all extracts, oils, isomers, etc. However, this law was amended by the 2018 Farm Bill that exempts any cannabinoid that's not Delta 9 THC, and derived from hemp, including Delta 8 THC (derived from hemp).

The 2018 Farm Bill legalized hemp as it’s defined in Section 1639o. This means Hemp must have less than 0.3% Delta-9 THC. If Delta 8 THC is derived from hemp, then it is legal under the Farm Bill.

Delta 9 THC and Delta 8 THC are not the same thing. The primary difference being that Delta 8 THC is specifically exempted by the 2018 Farm Bill from the Controlled Substance Act, while Delta 9 THC is not.

In conclusion, Delta-8 carts are legal only if extracted from Hemp already containing 0.3% THC by dry weight.

Converting CBD to Delta-8:

US20040143126A1 - Conversion of cbd to delta 8-thc and delta 9-thc