IS Delta 8 THC LEGAL FEDERALLY?
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.
What about the Federal Analogue Act, which is part of the Controlled Substances Act?
This is where the 2018 Farm Bill is especially helpful, as it also includes an amendment to the Controlled Substances Act, explicitly removing alt 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),
(2) by striking "Such term does not include the" and inserting the following:
(B) The term 'marihuana' 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)"
Delta 8 thc is federally legal, it is legal with no restrictions in 42 of 50 states within the U.S.