How Did Delta-8 Become Federally Legal?

Over the last few years there has been a boom in the cannabis and hemp industries. With all the different cannabinoids on the rise, delta 8 THC has taken center stage as of late. This cannabinoid is reported to have effects milder than delta 9 THC and are actually made using CBD. As recently as May of this year, delta 8’s legality loomed in a very gray area, but some of this has been cleared up thanks to a panel for the Ninth Circuit U.S. Court of Appeals. Let’s take a closer look at how delta 8 recently became federally legal and if and state regulations apply to you. 

What is Delta 8 

Delta 8 is one of many compounds that can be found in cannabis and hemp plants. Though it is found naturally in very small amounts, most of the delta 8 products on the market today are produced using CBD. Cannabidiol can be made into delta 8 using a chemical process. 

Some delta 8 users have reported its effects to be similar to delta 9 THC, but like a milder version. For some who are looking for a middle ground between the potentially therapeutic aspects of CBD and traditional THC, delta 8 could be an ideal alternative. 

Because delta 8 can produce intoxicating effects, its legality has been questioned extensively. Some states have already put in place bans on delta 8, but a recent ruling did clear delta 8’s federal legality. 

2018 Farm Bill 

First, we should start with the 2018 Farm Bill. This bill authorized the production of hemp and removed it from the DEA’s Controlled Substance list. The 2018 Farm Bill has allowed for the production and distribution of products made with hemp, or cannabis sativa plants, that contain 0.3% or less THC in the United States, including products made with CBD and in turn some would argue delta 8. 

May 2022 

In May of 2022, a panel of the U.S. Court of Appeals for the Ninth Circuit stated that products containing delta 8 THC are legal. They wrote in an opinion that because the federal law declares hemp as “any part of” cannabis sativa plant, including “all derivatives, extracts, and cannabinoids,” any product with less than 0.3 delta THC is legal

Although this clears the gray area for delta 8 on a federal level, there are states that have bans on delta 8. It is always a good idea to check if delta 8 is legal in your state before making a purchase. It’s also important to always double check third party lab test results when buying delta 8 in any state.  

Rely on Independent Lab Testing 

Just like with any cannabinoid-based product, it is always smart to rely on third-party lab test results and not just a brand COA. High-quality cannabinoid products will provide customers with insight as to what exactly is in each of their products. Cross checking that with third party lab tests results is the best way to make sure you know exactly what cannabinoids are present in the product you are buying. 

When it comes to delta 8 THC, there is no better place to turn than Real Tested CBD. With an entire Delta 8 Resource Center, everything you need to know about delta 8 is in one place.

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