The effects of delta-8 THC may be milder than those of the better known delta-9 variety. But the isomer has unleashed a potent stew of confusing laws and regulations that are causing headaches even for experienced cannabis lawyers. Delta-8 is illegal under California state law. It is considered prohibited to use, possess, sell, distribute and produce delta-8 products derived from hemp and marijuana.
While consumers cannot purchase or possess any quantity of hemp-derived delta-8, they can purchase marijuana-derived Delta-8 from a licensed dispensary. This new Interim Final Rule (IFR) does NOT prohibit the extraction of any cannabinoid from hemp, nor does it make hemp derived delta-8 thc products illegal. Wilson's comment on the legality of delta-8 in South Carolina means that the use, possession, sale, distribution and production of delta-8 products are in a gray area, but are probably not officially prohibited. However, the bill did not remove THC or any of its isomers from the list of controlled substances, including Delta-8.The legal status of Delta-8 THC is undeniably a bit complicated and, let's face it, it's confusing.
Meanwhile, some of the most delta-9 THC-friendly markets are the most reluctant to have THC modified in a laboratory. The bill also removed from the list of controlled substances “tetrahydrocannabinols” derived from hemp, such as THCA, THCV and THC delta-8.Some THC delta-8 retailers report that a local police officer visits and say the products are legal, only to have a different officer from the same department drop by the next day and say it's not. Rather than wondering if delta-8 THC is legal in a given state, a better question might be whether you're prepared to navigate a legal thicket that makes the traditional marijuana business seem easy. Delta-8's legal status means that the use, possession, sale, distribution and production of delta-8 products are prohibited within state lines.
However, the bill does not address delta-8 THC levels, an omission that makes it legal for vendors to sell the compound, often as groceries, vaporizer cartridges and tinctures, without supervision. Mitch McConnell wrote in a statement from the hemp industry advocacy group that marketing intoxicant products such as THC delta-8 as hemp is not consistent with the intention of Congress. Delta 8 THC is legal under Illinois state law, as it refers to federal law, which makes Delta 8 THC explicitly legal. Both delta-8 and delta-9 THC occur naturally in cannabis and, chemically, the two compounds are very similar.
Similarly, marijuana and marijuana-derived delta-8 are also legal in Virginia, meaning that the use and possession of marijuana-derived delta-8 is not prohibited by state law. The state does not classify hemp-derived delta-8 as a controlled substance following the passage of House Bill 0171, which legalized hemp and hemp-derived compounds, including delta-8.The FDA is aware of growing concerns around delta-8 THC products that are currently sold online and in stores.