Is Delta 8 Legal?
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Since delta-8 has been available in the market, sellers and users have seen plenty of controversy and questions about its legality. At the federal level, the answer is murky, but in this blog post, we’re going to do our best to answer that question.


Background Understanding

A quick understanding of delta-8, hemp, and marijuana is helpful background information. Delta-8 is a naturally occurring chemical compound called a cannabinoid found in small traces in hemp and cannabis (marijuana) plants. Marijuana plants contain more than 0.3 percent delta-9 tetrahydrocannabinol (THC), which is the chemical that is accountable for most of marijuana’s physiological results.

Hemp has less than 0.3 percent delta-9 THC, a threshold making it legal by federal law to grow hemp. Delta-8 is derived from hemp and is a slightly different type of THC so it can give an ecstatic, fuzzy feeling. However, unlike delta-9, which is also a form of THC, delta-8 causes a milder high. For this reason, users sometimes refer to delta-8 as “marijuana-lite” or “diet weed.”


Legal Questions

The reason that Delta-8 is growing in popularity is that, unlike heavily regulated delta-9 THC, delta-8 is legal to use in most states in the USA. This is because it’s produced primarily from hemp-derived CBD, which is legal in all 50 states. But delta-8 sits in a legally murky area. Hemp legalization comes from the federal farm bill (the Agriculture and Nutrition Improvement) passed in 2018. The bill legalizes the ability to farm hemp and to create any of its by-products, removing hemp from the list of controlled substances.

The bill was passed in consideration of hemp’s low THC levels (less than 0.3%) and the fact that it has little to no psychotropic effects, but the bill doesn’t mention delta-8 directly. Hemp sellers and producers have been using this loophole to legally market and produce delta-8. Consequently, delta-8 has become the highest-grossing product to come from hemp.

Technically, delta-8 is considered legal, according to federal law. However, because it does not specifically state delta-8 in the farm bill, some state lawmakers can easily argue that it should be illegal. Because of this uncertainty, you should look up your state laws and regulations that may be already in place. And yes, most states that have legalized medical and recreational marijuana most likely will have lenient laws regarding delta-8, but it’s important to make sure.


Closing Thoughts

Overall, this topic can be confusing and stressful for anyone to navigate. But you are not alone. Visit your local Vapor Galleria shop for peace of mind. We stay knowledgeable on the latest updated information. You can also refer to your state legislation website which should have that information as well.



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