It seems like the debate surrounding delta-8 will never abate. Some say delta-8 is illegal, while others say it’s fair game. In recent years, some readers may have even seen a few police raids on hemp shops selling delta-8. 

So, why is it that a few territories are harsh towards delta-8 while others don’t seem to have a problem with it? After all, isn’t hemp-derived delta-8 legal under US federal law? 

Why Don’t Some States Allow Delta-8 Products? 

When some lawmakers see the letters “THC,” they instantly think of “illegality.” That may seem oversimplified, but it’s true.

Please remember that for most of marijuana’s recent history, publications only referred to “delta-9 THC” as “THC.” Although modern researchers know there are multiple “THCs” in cannabis — some of which aren’t psychoactive — many people don’t understand the nuanced distinctions between these compounds. 

But it’s not just that delta-8 THC gets mistaken for delta-9 that puts it in a precarious legal situation. Even diehard delta-8 advocates have to admit this cannabinoid is psychoactive. Whether delta-8 is less psychoactive versus delta-9 isn’t relevant — there’s still a risk that delta-8 can provoke paranoia when mishandled.

Another issue that rankles delta-8’s opponents is the lack of federal oversight in the hemp industry. Many delta-8 products on today’s market don’t meet high standards for purity because the FDA still doesn’t regulate the industry. 

Lastly, some states ban delta-8 because they want to protect children from this substance. Delta-8 is only intended for adult customers, but some lawmakers fear it could end up in a minor’s hands. 

Is It Legal For States To Ban Delta-8 THC?  

The 2018 US Farm Bill isn’t a mandate that every state must follow. Although hemp-derived goods are federally legal, states can adopt whatever special restrictions they deem necessary. So, local territories can enact delta-8 bans. 

In fact, you could argue it’s easier for states to put forward delta-8 bans versus CBD restrictions. Since delta-8 is related to the federally-illegal delta-9 THC, it makes more sense. Also, most delta-8 products are made using synthetic CBD, which some have argued makes them an illegal lab-made substance. 

However, it’s worth noting that the US Court of Appeals for the Ninth Circuit recently reviewed a case involving delta-8’s legality. According to the official verdict, delta-8 THC is legal at the federal level because the 2018 US Farm Bill didn’t address it by name. If a delta-8 product has ≤ 0.3 percent delta-9, the federal government can’t say anything against it.

Just keep in mind that the local law can supersede this federal policy. Also, there are many debates surrounding the emerging delta-8 industry. Unless the US federal government comes out with clear rules on delta-8, customers must review their state’s statutes before ordering a hemp extract. 

Learn More About Delta-8 Legality On Real Tested CBD!

Due to its immense popularity, delta-8 THC is the hemp industry’s most contentious cannabinoid. Customers must review the latest details on their hometown’s stance towards hemp products before searching for “delta-8 near me.” 

A great place to learn about this hot hemp cannabinoid is in Real Tested CBD’s Delta-8 Resource Center. Here, you’ll find dozens of high-quality articles about all aspects of delta-8 THC. You could also read dozens of science-backed reviews for some of the most prominent delta-8 brands.

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Dr. Igor Bussel, M.D., M.S., M.H.A
Dr. Igor Bussel, M.D., M.S., M.H.A is a clinician-scientist and ophthalmic surgeon. Before attending Chicago Medical School, he worked as a Research Scientist in a Healthspan Pharmacology Laboratory at University of California, Irvine focused on investigating the impact of botanical extracts and dietary supplements that can slow the aging process and add healthy years to human life.

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