Delta 8 Guide For Beginners: What is Delta 8 THC? Is Delta 8 Legal In My State?

Is Delta 8 THC legal

Table of Contents

This Delta 8 guide for beginners will cover everything to know about this new and fantastic THC compound that has grown to be so widely popular. The bigger question here is why it has become so popular? Is Delta 8 Legal? Is it Safe? Where to buy Delta 8? We’ll do our best to answer that and many other questions in this post. We keep each section short and to the point, so as you scroll down the post you can quickly get facts about this new compound.

Delta 8 THC has become more prevalent in recent years. Delta 8 THC is a type of non-intoxicating cannabis extract with common psychotropic effects. It’s an analog of Delta 9 THC, which started to gain popularity at the beginning of 2020. This new popular compound seems to help you relax and reduce stress levels while feeling a euphoric and relaxing body high without the unwanted paranoia and anxiety.

There are many cannabinoids in the hemp and cannabis plants, but Delta 8 THC seems to be one of the most prevalent cannabinoids.

LEGAL DISCLAIMER
The federal law surrounding Delta 8 THC is constantly changing. We strive always to do our best to give you the most updated information. However, we advise you to do your due diligence and check your current state law before purchasing any hemp-derived products (CBD, THC). The information in this post is not intended as legal advice nor to diagnose, treat or give any medical advice. In any event, do your due. Always seek your doctor’s advice if you are in doubt or are currently taking any prescription medications. 

What is Delta 8 THC?

Tetrahydrocannabinol is known as Delta 8 THC and is an essential compound in the cannabis plant that exists naturally plus has milder psychoactive effects. It’s one of over 100 cannabinoids produced naturally by plants, but for delta 8 THC, It is infrequent and available in small quantities. That means it’s not present at significant levels in any given variety or strain – or it to be produced at a higher concentrated amount, you’ll need to look for it elsewhere. As a result, many create Delta 8 THC by converting hemp-derived cannabidiol (CBD) into Delta 8 THC.

Learn more about “What Is Delta 8 THC?

For delta-8 isomer to be created, you need specific equipment and a controlled environment where conditions are optimum for isomerization.

It is essential to know that Delta 8 THC does not offer the same psychoactive effects as you will find with Delta 9 THC. Even a low dose has little to no intoxicating levels per the current research.

What Does Delta 8 THC Feel Like?

Consumers of Delta 8 THC mainly use it for its relaxing and elating effects. If you have a high THC tolerance and are used to consuming higher doses, you might need to double your dosages for the desired outcomes. These results are starkly different from delta 9 THC products as they are not as psychoactive and potent. That said, you will still feel very similar but more as a body “high” vs. a head high, plus the anxiety that usually comes with D9 will be a rare sight when consuming Delta 8 THC.

How much THC should I take? Lower Doses. Vs. Higher Doses.

There is no set rule for all, as effects vary in how fast the body metabolizes the compound when consumed. Also, if you have a high tolerance plays an important role. You might be used to consuming THC products and looking at higher doses vs. those that haven’t tried THC or only tried it a few times and would want lower doses in smaller quantities. Also, keep in mind that Delta 9 THC is significantly more potent than Delta 8 THC.

Even at a higher dose of Delta 8 THC, you might feel dizzy or have slight unease for a brief period, but shortly after, you feel good and often experience an elevated mood. With D9, you can quickly get into a stage of paranoia and anxiety if taking too much. With Delta 8 THC, you do not, which is one of the main reasons this compound has gained so much popularity throughout the nation. We suggest you start with low doses, get a feel for how long it takes to kick in, how potent it is, and see what potential benefits come with it.

What is the difference between Delta 8 THC Vs. Delta 9 THC?

Delta 8 THC is half the potency of Delta 9 THC. Despite being weaker, it is considered very potent. Delta 8 THC is listed as an illicit chemical under Schedule II that is much easier to obtain (at least how things are currently) than conventional THC products. It is considerably less likely to cause anxiety as a side-effect which is a primary reason many decide to try delta 8 THC. Plus its potential health benefits such as pain relief and how it works directly with our endocannabinoid system for increased wellness. Delta 9 THC holds this bond on the 9th carbon chain, while Delta 8 offers a more subtle chemical structure. The difference is slight – but enough that these two compounds each come with different effects.

delta-8-gummies-biowellnessx

How long does Delta 8 THC take to kick in?

Delta 8 THC usually kicks in between 30 – 60 min when enjoying our gummies/ and or oil or gelcaps. On the other hand, if smoking hemp flower with delta 8 THC or as a vape, you will feel it instantly. When taken orally, be careful not to take the 2nd dose too fast, as there’s a delayed onset. In summary, we suggest waiting up to 2 hours until taking another dose of Delta 8 THC. Some products, such as our Delta 8 THC gummies or softgels, may have a more prolonged effect, so we advise you to be cautious.

Will Delta 8 THC get you high?

Delta 8 THC has similar desired effects as Delta 9. Some people feel the slight sensation of a clear-headed high, while others experience it as a more body high. The intensity of these effects varies depending on the person and also on how much you consume. If you want to avoid the feeling of an intense “high,” it is recommended to take Delta 8 THC with low concentrations. If you consume gummies, most users start with about half a gummy for a mild sense. Over time you will understand how your body responds to Delta 8 THC and decide how much you need to get the best possible experience.

Can you fail a drug test after consuming Delta 8 THC?

The use of Delta 8 THC products can cause a drug test to test positive. The result is mainly because Delta 8 THC produces the same metabolites as delta 9 THC, which may trigger a positive test. As with any drug, the likelihood you’ll have a positive test depends on several factors like duration of use, kind of test, and body chemistry. So when you go out and get any of the various drug tests on the market, you can be sure that it will trigger when consuming THC-related products such as delta 8 gummies, delta 8 THC tincture, and similar.

Is Delta 8 THC safe?

Delta 8 THC does not have any different safety profile or chemical compositions than some Cannabinoid found in the cannabis plant. Nevertheless, it needs consideration when choosing Delta 8 THC. There have been no direct toxic effects caused by delta 8 THC as of writing this post.

The most commonly used method of producing delta 8 is to convert CBD from the hemp plant to Delta 8 THC. This allows producers to market “legal” delta 8 THC because it’s derived from hemp (not marijuana) but with the same effects. The process of converting CBD to THC requires the use of an acid catalyst and an organic solvent. If these compounds are not eliminated from the final product, they may cause damage to the neurological, kidney, hepatic, or digestive systems. CBD-derived THC can be considered unsafe unless proper testing by third parties shows it does not contain toxic chemicals or similar.

What is Delta 8 Good for?

THC has played an essential role in medical research for centuries, as this compound offers various health benefits. Especially now, we are starting to learn more about the human endocannabinoid system and how the receptors work.

Delta 8 has shown to bind to the CB1 receptors responsible for helping major bodily systems, including your nervous system and immune system. Feedback from customers also indicates that delta 8 THC has excellent benefits as a natural remedy such as mild pain, stress relief, relaxation, deeper sleep, and overall health and wellbeing. THC, in general, has been shown to assist with many other areas thanks to the cannabinoid receptors we have in our bodies.

Early studies have also demonstrated that delta 8 THC may improve appetite and reduce nausea or vomiting, positively impacting the digestive tract.

Now that we answered the most general questions related to delta 8 THC let’s take a deep dive into the legalities behind this THC compound and get a legal perspective on what is currently going on in the THC space. 

Is Delta 8 THC legal in the US? What are the current state and federal laws?

In short, the 2018 farm bill has made it possible for this new exciting THC cannabinoid to be sold across the nations.

Delta 8 THC is not regulated at this time under Federal Law, making it essentially “legal” since the federal government is failing to control or place restrictions against the substance. With that said, several states have already started to pass laws regulating its use for selling and consumption, now banning it altogether. And of November 2, 2021, the DEA is finally beginning to show some positive feedback. The latest statement is Delta 8 from hemp is NOT a controlled substance. For further details, head on to Rod Kight’s blog to see his post about this exact topic.

How long will Delta 8 be federally legal?

Delta 8 THC is a type of cannabinoid that comes from hemp plants. It has less than 0.3% Delta 9, which makes it less intoxicating. It’s derived from hemp and has a CBD-like legal status as long the Delta 9 is below the limit of total dry weight.

The public’s opinion about THC has changed drastically over the years, and so have individual states’ stances. In some states, tolerance is high, while others refuse to legalize recreational or medical consumption. THC has exploded, and because of these newer THC compounds, there seems to be a more “ease” in the market that this is here to stay… or at least we hope!

The question is, how long can the legal status last? It’s still very unclear how long this loophole lasts before regulations come in.

If you look at the CBD market, it has the same turbulence in the beginning years and still has to some degree. Today you will find CBD products on sale at many stores in your town or city, and when searching online, you will find countless amounts of various CBD products. If federally legal hemp laws are somehow changed, delta 8 THC could become illegal, but we are crossing fingers it will go in the same direction as it did with the CBD market. We will see more willingness from the government and drug administration.

Currently, the only THC or isomer, which is federally illegal, is Delta 9 THC isomer, which you usually know from the Marijuana plant. Since Delta is created from 100% hemp material, it makes it federal legal, although it is possible to be added to the Controlled Substances Act later.

What makes Delta 8 THC legal is that the Federal Government is not putting any restrictions on its sale or possession and therefore hasn’t made rules for businesses selling these products; however, as mentioned above, several states have already banned it.

Let’s look into what states have currently banned this THC compound.

Is Delta 8 THC legal in my state?


What states is Delta 8 THC currently NOT legal?

Alaska

Delta 8 THC is not currently approved for use in the state of Alaska.

Alaska is among the few states that allow marijuana recreationally. However, only adults over 21 are eligible to buy a cannabis product, which prohibits teens. Notably, Alaska has a specific ban on delta 8 THC, which may not align with current regulations.

Arizona

Delta 8 THC, a synthetic cannabinoid, is currently not legal in the state of Arizona. Not too long again, Arizona passed a bill that allows the use of marijuana recreationally — so Delta 8 laws are now outdated. We expect to see this law overturned soon to conform with the current marijuana policy.

Arkansas

Delta 8 THC is illegal in Arkansas.

Arkansas laws have made it difficult to issue medical marijuana prescriptions to residents, making it even more difficult for out-of-state visitors seeking them. Delta 8 THC is still illegal in Arkansas and is listed with the rest of the controlled substances.

Colorado

Colorado has changed its stance on Delta 8 THC. It is now saying any isomers that come from CBD or hemp-derived material such as Delta 8 THC, D9, and D10 are now illegal to manufacture, produce, sell or buy in the state of Colorado.

Delaware

As of Nov 2021, Delta 8 THC is illegal in the state of Delaware.

In Delaware, marijuana is now legal in a way. But all other types of tetrahydrocannabinol (THC) are still illegal, even if they come from somewhere else.

Idaho

Idaho is one of the strictest states for cannabis. Some other states have made it legal, but Idaho has not. All forms of tetrahydrocannabinol (THC) are illegal in Idaho, including delta 8 THC. Any THC compound is not legal in the state of Idaho.

Mississippi

Is Delta 8 THC legal in Mississippi? Mississippi bans all THC, including both natural cannabis products and synthetic THC. You can only buy hemp products that contain less than 0.3% of any THC.

Montana

Unfortunately, Montana joins the states that have banned selling Delta 8 THC. The regulations clearly state that tetrahydrocannabinol (THC) is prohibited and clarify that all Delta 9 isomers are Schedule I substances. The vital thing to notice is that the word “tetrahydrocannabinol” is plural and covers all forms of THC, not just the delta 9 THC isomer.

Rhode Island

The regulation of Delta 8 THC is unclear in Rhode Island, and according to prominent cannabis lawyers, it’s likely considered illegal.

Utah

In a state where medical marijuana, CBD, and hemp-derived products are legal according to the HB 3001 act, they banned specific Delta 8 THC products and have classified it as a schedule I drug if the total surpassed the 0.30% THC. 

Vermont

Delta 9 THC is a controlled substance in the state of Vermont.

Vermont had the most recent ban on delta 8 THC, going into effect as of April 23, 2021. There were no changes to the law, but Vermont’s Agency of Agriculture and Markets (AAFM) statement clarified that delta 8 THC counts as synthetically-derived marijuana.

Texas

The state recently banned Delta 8 THC and classified it as Delta 9 THC as a Schedule I drug, which means it’s prohibited to sell or consumed if it has more than 0.30% THC of total dry weight. That means you can max have 3mg of THC per 1 gram, so if you live in the long state, you should only order products that do not have more than the legal limit. For example, you can still purchase our 10mg Delta 8 Gummies and our Delta 9 Gummies.


What states is Delta 8 THC currently in a grey area?

California

Since the new AB-45 bill got signed, there have been a few changes to what California allows. It’s was very similar to how Texas seems to handle it, prior to a Texas judge putting a block on the “ban”. All THC compounds present in any hemp products by dry weight can only contain a max of 0.30% THC, whether it’s Delta 8 THC, Delta 9, or Delta 10.

Iowa

In the updated legislation from 2020, Iowa defines hemp in a similar definition to the one used by federal legislation. Hemp and most hemp-derived cannabinoids are legal in the state; however, the state, unfortunately, kept a ban on tetrahydrocannabinols (THC) derived from cannabis in concentrations exceeding 0.3%. That also includes delta 8 THC and other THC compounds. Make sure you only get products that have less than 0.30% THC of total dry weight. 

Nevada

Delta 8 THC is a chemical that is legal in Nevada. It’s complicated, but you can’t get into any trouble with this chemical because it’s legal.

Nevada State Law NRS-557 says that anything with the word THC refers to both delta 9 and delta 8 THC.

Delta 8 THC products (whether from hemp or marijuana) must be registered as marijuana products. This is more difficult for people because they can’t just report it as a hemp product and ship it to Nevada. Marijuana and its derivatives were made legal in Nevada in 2020.

Kansas

When it comes to the state of Kansas, is Delta 8 THC legal there? The short and sweet answer is yes.

Specific laws list possession of Delta 9 THC products as a misdemeanor — even if they contain no mention of other variations like delta 8 THC or Delta 10 THC.

Know the risks before using Delta 8 THC in Kansas. This cannabinoid is currently caught up in a legal grey area, and it can be difficult to discern where an eighth of cannabis or hemp extract end, and Delta 8 THC begins without a lab test.

Michigan

Michigan State recently passed a new regulation that it is illegal for businesses to sell Delta 8 products without proper licensing from the MRA (Marijuana Regulatory Agency) and rigorously product testing before selling to ensure public health and safety. That means Delta 8 THC products can currently only be found in registered dispensaries.

New York

According to New York state law, it’s restricting companies, manufacturers, and vendors from producing, selling, and distributing Delta 8 products. That said, the state has not banned the possession of Delta 8 products, so as an end consumer, you can still enjoy this newer THC compound.

Oklahoma

Delta 8 THC may have been legalized in Oklahoma, but only with conditions. Otherwise, Delta 8 is still highly illegal and can cause criminal penalties just by possessing the distillate.

In Oklahoma City specifically, if a person cannot prove that their product contains no hints of delta 9-THC or any other cannabinoids except for CBDs, they will be fined and charged with a misdemeanor.

Oklahoma is one of the states that is very strict about cannabis. There is no information yet about whether the isomer is legal or not. Keep in mind that if it is derived from marijuana, it is illegal in this state, even for medicinal purposes.


Now we are done looking at the states that have banned Delta 8 THC and those in a current grey zone, let’s take a look at those where you as the consumer can still enjoy this great new THC compound without you having to worry.


What states is Delta 8 THC legal In?

Alabama
Connecticut
Florida
Georgia
Hawaii
Illinois
Indiana
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Minnesota
Missouri
New Hampshire
Nebraska
New Jersey
New Mexico
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Virginia
Washington
West Virginia
Wisconsin
Wyoming


Delta 8 THC may be legal or illegal under federal law in the future, but how can we predict if it’ll become unlawful?

Delta 8 THC is in an unclear legal state, with it only recently becoming popular. The most important thing to know about delta 8 THC is that its legality varies by location — though the best sources believe it’s legal in places where most other cannabis extracts with the psychoactive ingredient are banned.

One of the things people like about delta 8 THC is that it’s more calming and relaxing than the other type of cannabinoid, and delta 9, for that matter, which means it’s better for promoting sleep and alleviating stress. It also doesn’t cause the same type of anxiety, even with high doses as you usually would experience with the D9 compound.

In the future, we may determine the legality of delta 8 THC more clearly with help from regulators like the DEA, FDA, TGA, Health Canada, and other governmental agencies.

The most likely impact of new laws is that delta 8 THC will be considered legal — but there may be more restrictions.

delta 8 thc legal in us

Final Thoughts

To sum it up, is Delta 8 THC legal in the US? Yes, in most states, but it’s still a grey zone, so stay updated on current regulations in your state. The drug enforcement administration, also called the DEA, has been playing with its muscles too; however, the DEA seems to change its stance on this new THC compound slowly. We sure hope these trends keep progressing, so the regulations are becoming lighter regarding cannabis which would greatly benefit the hemp industry as more countries and individual states legalize these products.

Interested in learning more about what delta 8 THC products we have you can go to our shop. Feel free to ping us on our chat, or give us a call or email if any questions. We are always close by to assist you in this new landscape of THC.

Frequently Asked Questions

Can I order Delta 8 THC products online?

Currently, you can only purchase Delta 8 THC products in states that allow it. Although, you can still find online shops that can deliver to states that might be in a grey zone.

Is Delta 8 Legal in all 50 states?

Not at this current time. So for 12 states have banned it, whereas another 7 states are still in a grey area

Can you get high from Delta 8 THC?

The short answer is yes. Many have reported they feel a euphoric feeling when consuming delta 8 THC. As always start slow and see what doses are good for you.

Is Delta 8 THC Safe?

Delta 8 THC that originates from hemp-derived material is considered safe. What might end up being dangerous for the consumer is when poor-quality products are sold by sellers that focus on quantity over quality.

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