BILLS AND STATUES
According to the following, Agriculture Improvement Act of 2018, Delta-8-THC is considered federally legal as long as it is extracted from hemp that contains below 0.3% delta-9-THC. 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. While Delta-8-THC is federally legal, several states have additional restrictions. Be sure to view your state laws listed below.
Delta 8 Legality: Yes N.Y. Agriculture and Markets Law § 505 to 508 (McKinney 2016) Allows the growth of hemp as part of an agricultural pilot program by the Department of Agriculture and Markets and/or an institution of higher education. The commissioner of agriculture and markets may authorize no more than 10 sites for growing hemp as part of a pilot program. The commissioner may develop regulations to authorize the acquisition and possession of industrial hemp seeds. 1 NYCRR 159.2 allows authorized growers to possess, grow and cultivate seeds and hemp plants.
IS Delta 8 THC LEGAL FEDERALLY?
Yes. Delta 8 THC has a scary name due to everything we’ve been trained to think over the past 90 years regarding Delta 9 THC, but Delta 8 THC is federally legal and legal in most states in the USA thanks to H.R. 2: The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill. The 2018 Farm Bill specifically made all derivatives, isomers, and cannabinoids in hemp legal, provided the final product has less than 0.3% Delta 9 THC. For reference, Delta 8 THC is an isomer of CBD, a derivative of hemp and CBD, a cannabinoid found in hemp, and is ultimately contained in our extracts with less than 0.3% Delta 9 THC. We often get asked about the Federal Analogue Act, which is part of the Controlled Substances Act, because Delta 8 THC is listed. This is where the 2018 Farm Bill is especially helpful, as it also includes an amendment to the Controlled Substances Act, explicitly removing all tetrahydrocannabinols found in hemp. The relevant language from the 2018 Farm Bill is listed below
AGRICULTURE IMPROVEMENT ACT OF 2018 - SUBTITLE G — HEMP PRODUCTION. (A) IN GENERAL. —Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended— (1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and (2) by striking ‘‘Such term does not include the’’ and inserting the following: (B) The term ‘marijuana’ does not include— (i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or (ii) the’’. (b) TETRAHYDROCANNABINOL. —Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection (c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)
’’What states is Delta 8 THC legal in?
Delta 8 THC is Legal in accordance with state laws in 42 of 50 states. Delta 8 THC is LEGAL according to state laws in the following states : Alabama, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Delta 8 THC is NOT LEGAL according to state laws in the following states : Alaska, Arizona, Arkansas,Delaware, Idaho, Iowa, Mississippi, Montana.
FDA DISCLAIMER: This product is not for use by or sale to persons under the age of 18 or 21 depending on the laws of your governing state or territory.