Is THC-D8 Legal?
Updated: Mar 1, 2021
Do you love reading really boring and long-winded laws and legal documents? No? No worries. I don't either. So to save you from weeding through a bunch of jargon and me from writing a really boring post no one would probably read I made a color-coded map - which is self-explanatory. Green is good. Red is bad. Yellow is confused and as always, I'm not giving formal legal advice nor am I an attorney. You can read our full disclaimer, here.
Federally: Yes
You may have heard of the 2018 Farm Bill which legalized hemp on a federal level. If not, it was a pretty sweet day and is what allows me to do what I love to do. This bill made all derivatives, isomers, and cannabinoids in hemp legal provided the final product has less than 0.3% Delta-9-THC. Our Delta-8-THC is solely hemp-derived and always remains under the legal level of Delta-9 making it compliant with federal regulations.
You may be wondering; what about the Federal Analogue Act? Isn't THC still a drug? Weed is still illegal in my state so isn't this too? Great questions! This is where the 2018 Farm Bill is our MVP. It includes an amendment to the Controlled Substances Act, explicitly removing all tetrahydrocannabinols found in hemp.
Unfortunately, some states have created additional regulations making it less clear or illegal. As of June 2020, there are 10 states where THC-D8 is illegal and 3 with conflicting or unclear regulations.
For most states, it seems pretty clear. Although there are 3 states where is it less clear that I'm going to take a quick dive into it.
Nebraska: It's kind of like when you ask mom if you can do something and she says no so you ask dad and he says sure - light it up. LEGISLATIVE BILL 657 – Nebraska Hemp Farming Act that “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers” from hemp are legal and “shall not be considered a controlled substance”. But, but the Chapter 28 Uniform Controlled Substances Act Section 28-405 schedules “tetrahydrocannabinols naturally contained in a plant of the genus Cannabis” a Schedule 1 drug. Due to these conflicting laws, there is some uncertainty about D8 being legal.
Michigan: Similar to Nebraska's dysfunctional parents the laws in Michigan are even more conflicting creating a gray area. Hemp law says that all cannabinoids, isomers, and derivatives of hemp are legal. But, Michigan's Controlled Substances policies say that THC-D8 is an isomer and derivative is not legal.
Rhode Island: It is likely that THC-D8 is illegal in Rhode Island, but there are still some conflicting laws that leave some gray space. Rhode Island legalized all derivates, cannabinoids, and isomers of hemp. However, another law defines THC-Delta-8 under "THC" and makes it illegal for human consumption. There doesn't appear to be a distinction between hemp-derived and marijuana-derived D8 making it most likely illegal but needs further clarification from state lawmakers.
If you reside in one of the 40 green states puff away with ease. If you're one of the red states we send out deepest condolences.
About the Author:
Amanda Young is one of the founders of Krystilion and Savvy who is a passionate product developer and creative visionary. She loves starting crafts (but often abandons them halfway through), attempting to keep plants alive, and is an aspiring home improvement show host.