Tetrahydrocannabinol (THC) is a psychoactive element in the cannabis plant. Apart from THC, CBD is the other dominant cannabinoid, but there are many other cannabinoids in the hemp and marijuana plants. Cannabinoids can help your body relax, reduce stress, and boost your mood.

Most people only know THC or delta-9 THC, but recently scientists discovered its relative, delta-8 THC, which has become more popular over the past few years. What is  Delta-8 THC, and is it legal? Lets consider more information on Delta-8 THC.

What is Delta-8 THC?

Delta-8 THC is a compound that exists naturally in the cannabis plant, but it’s available in small amounts. Most of the delta-8 THC available is derived from the hemp plant.

The Legal Status of Delta-8 THC Federally

There are various discussion forums and sites with misleading information. Therefore, it is crucial to clarify this component’s legal details so that everyone can start learning more about the possible benefits from it. Most individuals presume that since THC is related to marijuana, it’s illegal. Well, that’s not true, and that’s because delta-8 THC is different from delta-9 THC or simply put, THC.

Unlike its more popular relative, delta-9-THC, delta-8-THC is a minor cannabinoid with a potent high of its own. It differs from delta-9-THC by the location of the double bonds in their molecular chains. Delta-8-THC occurs naturally in minute quantities in the cannabis plant and can also be synthesized from CBD to isolate it for its unique and powerful effects.

Now back to its legality, in 2018 the Farm Bill was passed. According to this legislation, hemp-derived products with less than 0.3% THC were excepted from the list of controlled substances. That means it is legal to use and distribute such products provided it has THC within the allowed limits. Since delta-8 THC is derived from hemp, which has negligible THC traces, it’s technically legal on a federal level.

Is Delta-8 THC Legal in My State?

Despite the signed federal rule, states have the power to control the use of delta-8 THC in their jurisdictions. That means they decide whether to allow or ban its use. However, it’s not just about delta-8 THC; it also happens with gambling, tobacco and alcohol, amongst other industries.

While delta-8 THC may not be legal in all 50 states, it is legal in most of them. Only 11 states have banned it. They include Utah, Rhode Island, Montana, Mississippi, Iowa, Idaho, Delaware, Colorado, Arkansas, Arizona, and Alaska.

It’s also worth noting that the legal status of delta-8 has nothing to do with the legality of cannabis. So, if recreational cannabis is legal in your state, it doesn’t mean delta-8 THC is, as seen in Colorado and Arizona.

The laws also vary from state to state. For instance, Oregon authorizes delta-8 THC obtained from hemp in intrastate transfers, provided it adheres with Oregon Department of Agriculture Laws and Rules, including having less than 0.3% THC. However, to become a seller in that state, you need authorization from the Oregon Liquor Control Commission.

Is Delta-8 THC Legal?

Now you understand why the legality of Delta-8 THC is in a grey area. It’s also easy to see why many people find this topic to be confusing. When it comes to delta-8’s legal status, there’s no direct yes or no answer. It is different from delta-9 THC, which is illegal under federal law.

Whether or not cannabis is legal depends on which laws you are looking at. Is it the federal or state law that is being considered? It also depends on which state you’re in since some of the states have banned the substance.

Before the Farm Bill 2018 ascended into law, all cannabis products were illegal. It did not matter whether they are derived from marijuana or hemp. But since the Farm Bill, there’s a heated debate since no law directly bans hemp-derived products like delta-9 THC.

Remember that state laws can change from time to time. Additionally, the state and federal laws override each other. So, the only way out is to familiarize yourself with your local laws before buying any hemp product.

It’s advisable to buy your products from reputable sellers who offer products from legal sources to avoid getting on the wrong side of the law. Most of the products available in the market contain high amounts of THC and can get you in trouble. Buying from trustworthy sources guarantees your delta-8 THC is legal and safe.


Although the hemp industry has legal issues to work out, it’s clear that it is booming. One of its products, delta-8 THC, is getting popular day by day. However, most users tend to shy away from it because of the unclear legal status. Hopefully this article helped clarify that and allows you to enjoy the benefits of delta-8 THC if it’s legal in your state. If you are unclear, make sure to consult an expert first.