States Directly Restrict or Ban Delta-8 Thc as Federal Regulators Launch to Clarify Legality. States restricted or banned THC delta-8, prompting protests from users, businesses, manufacturers and vendors within the cannabis industry. Do States Ban THC Delta-8? Which ones have already banned it? What do the federal government and the DEA have to do with this? Currently, 21 EE. UU.
States have restricted or banned THC delta-8 and four other states are currently reviewing their legal status. Here you can find the latest news on whether delta-8 THC is available and legal in your state. We work around the clock to provide you with the latest developments on the state legality of Delta-8 and its products. Alaska does not allow the use, possession, sale, distribution or production of delta-8 and classifies it as a Schedule IIIA controlled substance under state law.
Schedule IIIA includes all tetrahydrocannabinols, such as delta-10 and THC-O. Delta-8 possession ranges from a Class C misdemeanor to a felony, depending on amount and intent. Delta-8 in Arkansas is Questionably Legal. Under state law, Arkansas classifies delta-8 as a Schedule IV controlled substance, placing it along with other tetrahydrocannabinols such as delta-10 and HHC.
However, according to an official source, the state health department has not explicitly prohibited or allowed the use, possession, sale or production of delta-8 products, leaving it to the discretion of local law enforcement to take action if necessary. Delta-8 is restricted in California under state law. The use, possession, sale, distribution and production of delta-8 products derived from hemp and marijuana are regulated. While you can't own any hemp-derived product with more than 0.3% THC delta-8, you can buy up to 28.5 grams of marijuana-derived delta-8 from a licensed dispensary.
Check out the latest updates to Delta-8 in California. Surprisingly Delta-8 Isn't Legal in Colorado Despite Very Relaxed Medical and Recreational Marijuana Laws. The state does not allow the use, possession, sale, distribution and production of delta-8 products following a notification from the Colorado Department of Health %26 Environment (CDPHE). The notice states that “chemically modifying or converting any natural cannabinoid from industrial hemp does not meet the legal definition of an 'industrial hemp product'.
As a result, Colorado considers delta-8 a controlled substance, as described in SB 14-184 and the Uniform Controlled Substances Act. Delta-8 is not legal in Delaware, which means that the state does not allow the use, possession, sale, distribution and production of Delta-8 products under state law. While Delaware recently decriminalized simple possession of marijuana in small quantities, the state clarifies that all tetrahydrocannabinols are banned substances under Schedule I of its Uniform Controlled Substances Act. Penalties for possession of delta-8 range from fines to extended prison terms, depending on amount and intent.
Hemp-derived delta-8 is legal in Florida under state law, which means that its use, possession, sale, distribution and production are permitted within its borders without risk of criminalization or prosecution. There are no limits on possession either. However, marijuana-derived delta-8 is not legal in Florida. Marijuana and compounds derived from marijuana are strictly illegal.
Learn more about the legal status of Delta-8 in Florida. Hemp-derived delta-8 is legal in Illinois, and its use, possession, sale, distribution, purchase and production are permitted by Illinois state law, as described in its Industrial Hemp Act. However, following warnings from the FDA and CDC about the safety of delta-8, Illinois legislators tried to regulate delta-8 products, but not restrict or ban them altogether. The bill went through the Senate, but failed in the House.
Delta-8 Laws in Iowa Are Confusing. This is likely an illegal controlled substance and law enforcement is turning a blind eye to vendors who openly sell delta-8 products within the state. Chapter 124 of the Iowa Controlled Substances Act states that all tetrahydrocannabinols are Schedule I controlled substances. Iowa Department of Agriculture %26 Land Stewardship also officially declares possession and manufacture of delta-8 products prohibited.
According to House File 2581, all inhalable cannabis products (including delta) are illegal. Inhalable products include vaporizer pens, flowers and pre-rolls. Delta-8 is provisionally legal in Kansas. However, the state attorney general published a controversial opinion piece stating that the use, possession and sale of delta-8 products are “illegal unless they contain no more than 0.3% total tetrahydocannabinols.”.
This combined THC percentage would essentially ban all delta-8 products. Delta-8 is restricted and regulated in Minnesota. The state recently passed legislation (House File 359) that limits hemp edible products to 5 mg THC per serving (50 mg per package). All other hemp products can only contain up to 0.3% of any tetrahydrocannabinol, including delta-8, delta-9, delta-10 and HHC.
No one under the age of 21 can buy these products. Basically, this bill has prevented the sale and distribution of most delta-8 products, banning them and banishing them from legal existence. Learn more about Delta-8's legal status in Minnesota. Delta-8 is perfectly legal in Missouri and does not classify it as a controlled substance following the passage of House Bill 2034, which legalized hemp and hemp-derived compounds.
This bill means that the use, possession, sale, distribution, purchase and production of hemp-derived delta-8 is legal under state law. Marijuana is illegal, but decriminalized if caught with 10 grams or less. Penalties for possession of marijuana or delta-8 derived from marijuana are punishable by a fine. However, it is still classified as a misdemeanor.
Not considered a controlled substance under state law following the Nebraska Hemp Growing Act (Bill 65). Subsequently, it has been amended and revised since its existing hemp laws coincide with the federal Agriculture Improvement Act (Act. This bill means that the use, possession, sale, distribution, purchase and production of hemp-derived delta-8 is legal in Nebraska under state and federal laws. Learn more about Delta-8 in Nebraska.
Delta-8 is legal, but it is restricted and regulated by state cannabis laws in place after Senate Bill 42, signed by Steve Sisolak. This bill allows the sale and distribution of hemp products containing more than 0.3% delta-8 and delta-9 through the state's regulated cannabis network. All delta-8 suppliers and their products must be licensed by the Nevada Cannabis Compliance Board (NCCB). Unlicensed vendors cannot sell delta-8 in any way.
However, reports indicate that unlicensed delta-8 products are widely and illegally available across the state. Learn More About Delta-8 Legal Status in Nevada. Delta-8 is illegal in New York. Sale, distribution and production of delta-8 products banned in the state following an announcement by the New York Cannabis Control Board (CCB), citing lack of safety and mislabeling.
A CCB spokesman later stated that delta-8 could later be regulated through an adult use program similar to its recreational marijuana program. However, it is not clear whether the use and possession of hemp or delta-8 derived from marijuana is punishable under state law. Learn more about Delta-8's legal status in New York. Hemp-derived delta-8 is legal under Oklahoma state law and is not listed as a controlled substance following the enactment of the Oklahoma Industrial Hemp Program.
This law legalized hemp and hemp-derived compounds, including delta-8, which means that the use, possession, sale, distribution, purchase and production of delta-8 products is perfectly legal throughout the state. Later, Kevin Stitt signed a bill that excluded delta-8 from the definition of marijuana, allowing brick-and-mortar retailers and online sellers to sell delta-8 products. However, recreational marijuana and marijuana-derived delta-8 are not legal. Delta-8 is legal in South Carolina, but Attorney General Alan Wilson says that delta-8 products derived from hemp plants with the federal limit of 0.3% THC are not allowed anywhere in the state.
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 probably not officially prohibited. Learn More About Delta-8 Legality in South Carolina. However, more than a month later, the Texas Department of State Health Service (DSHS) updated its website, claiming that delta-8 is an illegal controlled substance banned in the state. Austin-based Delta-8 Provider Hometown Hero Battled DSHS, Sued Them and Asked for Court Order.
In November, the court granted Hometown Hero's request for a temporary injunction, placing delta-8 legal for the time being. Learn more about the legal status of delta-8 in Texas (and keep up to date with any recent changes with a live timeline of events). Delta-8 is restricted and regulated by current state medical marijuana laws, which means that only medical marijuana patients with a qualifying condition can use, possess and purchase Delta-8 products. All Delta-8 companies and their products must be licensed by the State Department of Health.
There are reports of unlicensed vendors selling delta-8 products statewide with very few law enforcement issues. See the latest updates in Utah. The state does not consider it a controlled substance under its Drug Control Act following House Act 1839, which legalized hemp and hemp-derived compounds, separating them from marijuana and marijuana-derived compounds. Therefore, the use, possession, sale, distribution, purchase, and production of delta-8 products are legal under state law.
Similarly, marijuana and marijuana-derived delta-8 are also legal in Virginia, which means that the use and possession of marijuana-derived delta-8 is not prohibited by state law. Learn more about Delta-8's legal status in Virginia. Earlier this year, West Virginia lawmakers tried to restrict and regulate delta-8 with Senate Bill 666, introduced by Senator Woodrum. Fortunately, this bill did not pass and he died soon after.
Therefore, delta-8 remains legal and is not classified as a controlled substance under state law, meaning that the use, possession, sale, distribution, and production of delta-8 products are permitted without risk of criminalization or prosecution. However, this ruling does not consider delta-8 to be legal or protected in the U.S. It is not clear if other jurisdictions will uphold this judgment. The FDA also opposes the use, possession and sale of delta-8, sending warning letters to sellers who allegedly sell illegal delta-8 products.
States currently regulate, restrict, or completely ban delta-8 products. Delta-8 is one of 113 cannabinoids found in cannabis strains (hemp or marijuana) and a variant of delta-9-tetrahydrocannabinol (THC). It is psychoactive and intoxicating, and causes a “high” when consumed. States are restricting or banning delta-8 is the result of confusing, conflicting, and unclear federal guidelines.
This confusion drove Delta-8 into a legal gray area. Did delta-8 users use a potentially illegal substance? Were Delta-8 producers creating a controlled substance? Did Delta-8 sellers sell banned products? These questions had vague answers and the concerns were (and still are) very real. Within this final rule, the DEA stated that all “synthetically derived” tetrahydrocannabinols remain Schedule I controlled substances. Why is it important and how is it related to delta-8? Well, for companies to have enough delta-8 THC in their products, it must be converted from cannabidiol (CBD) through a structural isomerization process performed under laboratory conditions.
In the midst of chaos, many have forgotten about the Federal Analogs Act, an important section within the Controlled Substances Act (CSA) created to combat synthetic “designer drugs” in the 1980s. The specific purpose of the Federal Analogs Act is to identify chemicals and substances that are significantly similar to illegal drugs and to classify them as controlled substances under CSA Schedule I or Schedule II. In this case, it is not far-fetched to suggest that delta-8, a chemically similar analog to federally illegal delta-9 THC, is actually a controlled substance. Why? Because it is a psychoactive and intoxicating variant of delta-9 THC that has recently exploded in an unregulated market with very little research verifying its effects.
The Delta-8 THC Mass Exodus in the U.S. He's met with a fair amount of silence. To be honest, this is not surprising. States have been extremely covert about their handling of delta-8 for the past month or so.
The breakneck pace at which delta-8 is currently being banned doesn't help either. One of the most notable responses is from the US Hemp Authority, a renowned third-party hemp certification agency. Agency President Marielle Weintraub, Ph.D. States are unlikely to stop, simply because it is now perceived as a federally controlled substance.
At this time, no delta-8 products will be certified by the U.S. New York has become the most recent in the U.S. New York State Department of Health Amendments to the Official Collection of New York State Codes, Rules and Regulations prohibit manufacturers, companies and vendors from producing, selling and distributing delta-8 products. Delta-8 will reportedly be regulated by Michigan's Marijuana Regulatory Agency (MRA), but there is no talk of outright banning the cannabinoid.
Delta-8 producers will need their products to go through official procedures and undergo rigorous testing before going on sale to ensure public health and safety. While the health and safety of Michigan residents is important, some smaller hemp and delta-8 producers will now face tougher financial obstacles. As the federal government approaches and many U.S. States are struggling to close loopholes, the fate of delta-8 doesn't look good.
What worries is that the federal government and its band of cheerful men from the DEA will be relentless in their quest to shut down delta-8, leaving hemp users, manufacturers, producers and sellers in a mess. The booming delta-8 market is a gold mine for many hemp companies and having it taken away will be a serious blow. States will continue to fight the federal government's attempts to shut down the thriving delta-8 THC market so that delta-8 can remain available to people in need across the country. FDA Aware of Growing Concern Around Delta-8 THC Products Currently Sold Online and in Stores.
These products have not been evaluated or approved by the FDA for safe use in any context. Some concerns include variability in product formulations and labeling, other cannabinoid and terpene contents, and varying concentrations of THC delta-8.In addition, some of these products may simply be labeled as “hemp products”, which can mislead consumers who associate “hemp” with “non-psychoactive”. In addition, the FDA is concerned about the proliferation of products that contain delta-8 THC and are marketed for therapeutic or medical uses, although they have not been approved by the FDA. The sale of unapproved products with unsubstantiated therapeutic claims is not only a violation of federal law, but it can also put consumers at risk, since these products have not been proven to be safe or effective.
This deceptive marketing of unproven treatments poses significant public health problems because patients and other users can use them instead of approved therapies to treat serious and even fatal diseases. Hemp-derived delta-8 is legal in Indiana, except for smoking products such as delta-8 hemp flower sprayed. Delta-8 THC is just one of these compounds, and scientists don't know much about how the chemical isolated in the body works, especially in high concentrations. Delta-8 THC Remains Legal at the Federal Level, Although That Could Change If the Hemp Advancement Act is Passed.
Boyd Street argued, however, that AK Futures' trademark infringement lawsuit was invalid because THC delta-8 is illegal under federal law. Cannabis and hemp plants have low delta-8 THC levels, so lawmakers never bothered to mention it in the bill. The bill also removed from the list of controlled substances “tetrahydrocannabinols” derived from hemp, such as THCA, THCV and THC delta-8. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and is illegal to possess or sell in Kansas.
However, the Massachusetts government website states that delta-8 is a controlled substance and the state will not allow the sale or production of Delta-8 derived from synthetically manufactured hemp. Delta-8 is known to have some psychoactive effects, although it is different from Delta-9 THC, which is responsible for the high people get from smoking cannabis or marijuana. Delta-8 THC also seems to be less likely to cause anxiety and other common side effects of delta-9 THC, which is another reason for its popularity. Clinical trials are the gold standard of medical research, and so far, only a very small clinical trial has been conducted on THC delta-8.While the statement does not explicitly mention delta-8, it is still a cannabis compound such as CBD, CBG and CBC, meaning that Hawaii could consider delta-8 as a banned substance by default.
Delta-8 is converted from CBD, that process and the intoxicating and psychoactive side effects of Delta-8 have provoked the ire of many regulatory bodies and legislators. Just last week, Virginia lawmakers filed a bill that would have banned THC delta-8 from hemp due to disagreements with the governor over criminal sanctions. In Texas, last year, the state government said THC delta-8 was illegal, a measure that opponents challenged in court, ensuring a pause in state enforcement of the ban. .