Delta-8 THC – the chill cousin of Delta-9 THC, both from the hemp plant. While not as intense as Delta-8, Delta-8 is becoming a fan favorite for its reported therapeutic perks and a gentler high. But boy, oh boy, are the legal waters murky in some states. It’s like the family drama you can’t help but tune into, especially when it comes to its legal status per State.
In this blog, we’ll guide you through the labyrinth of Delta-8 THC laws, both state and federal. We’ll even throw in a side-by-side comparison of Delta-8 and its more famous cousin, Delta-9. And don’t worry, we’ve got your back with some dosing wisdom.
It’s essential to stay in the know of the legal situation of Delta-8 THC in your State and understand the differences between Delta-8 and Delta-9 THC. With this information, you can make informed decisions about using this compound.
Key Takeaways
- Delta-8 THC’s legal status must get clarified due to a lack of explicit mention in law texts and legal ambiguities.
- Federal law broadly legalized hemp products containing less than 0.3% Delta-9 THC of total dry weight.
- Some states have reviewed their stance on Delta-8 THC legality and have more restrictive regulations, while others have explicitly legalized it.
- You can legally obtain hemp-derived Delta-8 THC in certain places, but the legality varies from State to State.
- It is important to stay updated on State hemp laws to understand the legal status of Delta-8 THC and any new regulations that may arise.
Is Delta-8 THC Legal in the US?
A simple question with not a simple answer! We can’t say it’s legal nationwide, as that depends on its origin and the State you’re in.
In a nutshell, when it comes to hemp-derived Delta-8 THC, the feds are kind of chill, thanks to the 2018 Farm Bill. That bill essentially gave hemp and all its derivatives a free pass from the controlled substances list and said, “Hey, you’re legal if you’ve got less than 0.3% Delta-9 THC.”
So, if your Delta-8 product meets these conditions, you’re golden on the federal level, meaning hemp-derived Delta-8 THC is legal.
But the important question here is, do all the states agree with the federal law?
Is It Legal in All 50 States?
While the federal government is playing the cool aunt when it comes to hemp-derived Delta-8 THC, some states are being the strict dad, drawing a hard line, outright banning it, while other states are throwing some curveballs that’ll make your head spin.
It’s important to understand how your State views Delta-8 THC. Laws can get tricky, but we’re here to help with some legal GPS navigation so you can enjoy the perks of this nifty cannabinoid without any surprise run-ins with the police. Our experts can help you get clear answers and explain the benefits of Delta-8 THC products.
When it comes to Delta-8, safety first. If your State’s on board with it, do your homework, dig into those laws, and make sure you’re on the right side of the tracks.
In What States Is Delta-8 Legal?
The complex landscape of cannabinoid legality can be tricky. Hemp-derived THC, like Delta-8, differs in legal status from State to State. We’ve thoroughly reviewed federal and State laws and can confirm that Delta-8 is legal in many states, such as Alabama, Connecticut, Florida, and Hawaii.
Cannabinoid legality in the different states is like a jigsaw puzzle with ever-shifting pieces, and Delta-8 is no exception. It’s like that one friend who is either the life of the party or the one kicked out of the party, depending on where they are.
States Where Delta-8 THC Is Legal:
Our team has done the legwork, reviewing both federal and state laws, and we’ve concluded that Delta-8 is living the high life in these states:
Maryland
Massachusetts
New Hampshire
Nebraska
North Dakota
South Dakota
Washington
Which States Have Heavy Restrictions or Straight-Up Banned Delta-8 THC?
Alaska’s got some unique rules. While they legalized recreational marijuana, they’re pretty strict about keeping it private. And as for Delta-8 THC, it’s a no-go. In 2021, they said, “Nuh-uh, not here,” and slapped a ban on it, meaning you now have to purchase through licensed dispensaries.
And just to seal the deal, the Alaska Division of Agriculture gave a thumbs-down to anything they consider synthetically derived, like Delta-8 THC, in their Hemp Program.
Delta 8 THC is currently not legal in the State of Arizona. Back in 2021, Arizona passed a law that kicked it to the curb, along with other semi-synthetic hemp and marijuana derivatives. And they’ve got backup from the Arizona Department of Health Services (ADHS), which uninvited Delta-8 THC products from their medical marijuana dispensaries.
But here’s the plot twist: Arizona recently gave the green light to recreational cannabis, making these Delta-8 laws look pretty outdated. Our crystal ball says they’ll probably catch up soon to match their current marijuana policy.
Colorado decided to switch lanes on Delta-8 THC, Delta-9, and Delta-10. Now, all isomers derived from CBD or hemp are a no-go for manufacturing, production, sale, or purchase in the state.
Delaware, the First State, isn’t too keen on Delta-8 THC. As of November 2021, they put a big “no” on it. Even though they’ve opened the door to some marijuana use, all other forms of tetrahydrocannabinol (THC), Delta-8 included, are still in the “illegal” camp.
So, while you might have some leeway with marijuana in Delaware, Delta-8 THC isn’t getting a warm welcome.
Unfortunately, Idaho banned all THC isomers in March 2023, including Delta 8 THC. This means that it is now illegal to possess, sell, or distribute Delta 8 THC in Idaho.
Since it is a new law, it is unclear how it will be enforced. It is always best to be on the right side of caution and avoid using Delta 8 THC in Idaho.
Montana
Montana is casting a shadow on all THC isomers. March 2023 brought a new rule to town, with House Bill 948 saying a firm “no” to what they deem synthetic marijuana/hemp products, including our Delta-8 buddy. The law officially landed on October 1, 2023.
The Montana Department of Revenue isn’t mincing words either – they’ve labeled Delta-8 THC as a synthetic cannabinoid and put it in the “no-go” basket. Enforcement is on the agenda, so if you’re in Montana, better steer clear of Delta-8 THC for now.
If you’re looking for Delta 8 THC in Mississippi, then no dice (except for vape pens with less than one milliliter of liquid (1ml / 1 gram)! In 2020, Mississippi welcomed hemp to the legal table but made it clear to all THC derivatives: “You can’t sit with us.”
Thanks to the HB 1547 twist, it’s a no-go for all the isomers, synthetic compounds, and any THC derivatives in the State. The State has issues with anything related to THC.
Now, there’s a tiny loophole in the law that says you can still play with Delta-8 THC vape pens if they’re holding less than one milliliter of liquid. But don’t get too excited. It’s like trying to outsmart the system with a little sleight of hand – law enforcement could still rain on your parade, no matter how small the container is.
Unfortunately, Oregon put Delta-8 THC on the naughty list. Blame it on a law from 2021 that not only banned all semi-synthetic compounds regardless of their origin, “MJ or hemp,” but also decided that Delta-8 is semi-synthetic.
The Oregon Liquor and Cannabis Commission (OLCC) decided to turn this law into reality, and it kicked in on July 1, 2022. In a nutshell, it’s now a no-no to sell delta-8 THC products anywhere except in the OLCC’s market. So, don’t expect to find them in your neighborhood grocery store or that convenience store you frequent.
Rhode Island
Rhode Island isn’t big on THC. The Rhode Island Department of Business Regulation (DBR) issued a bulletin stating that hemp-derived THC is illegal in the state.
The DBR has also stated that it will be enforcing the law against hemp-derived THC products. So, even though the law slipped up and didn’t specifically mention Delta-8 THC, the lawyers are leaning towards the “probably illegal” camp.
Utah
Delta-8 THC isn’t getting a golden ticket in Utah. Now, you might think, “But Utah’s cool with medical marijuana, CBD, and hemp products under the HB 3001 act, right?” Yes, but here’s the BUT!
In 2021, Utah decided to rain on Delta-8’s parade, banning the sale of anything semi-synthetic that comes from hemp or marijuana, and that includes our pal, Delta-8 THC.
They even defined “THC” in the Utah Controlled Substances Act as “tetrahydrocannabinol and all isomers of tetrahydrocannabinol,” basically saying that if it looks like THC or talks like THC, it’s out.”
Vermont
Vermont, where Delta 9 THC is a controlled substance, cracked down on Delta 8 THC on April 23, 2021. They didn’t change any laws, but the Vermont Agency of Agriculture and Markets (AAFM) dropped a note to clear the air, saying Delta-8 THC is in the same club as synthetically derived marijuana, and cue exit left.
Iowa
The Hawkeyes state isn’t rolling out the welcome mat for Delta-8 THC anymore. In 2022, they introduced House File 2589, which put a ban on the sale, distribution, and even having a stash of synthetic cannabinoids, and that includes our pal, Delta-8 THC.
The silver state waved goodbye to Delta 8 THC and all its cannabinoid posse on June 4, 2021, when Governor Steve Sisolak signed Senate Bill 49 into law, outright banning the sale, distribution, production and promotion of “synthetic cannabinoids,” including delta-8.
Now, this bill wasn’t one to mess around; it gave a makeover to the term “THC,” including all the tetrahydrocannabinols, from Delta-8 to Delta-9, Delta-10, and even THC-O.
States Where Delta 8 THC Is Currently In A Grey Area
California tightened the leash on all THC compounds in hemp products after the signing of signing of the new AB-45 bill. For any hemp product containing any THC compound, it’s a hard cap at 0.3% THC by dry weight, no matter if it’s Delta 8, Delta 9, or Delta 10.
The sunflower state gave its nod of approval to Delta-8 back in 2018 when they passed Senate Bill 282, giving the green light to all things hemp-related, Delta-8 THC included.
But don’t go thinking it’s a free-for-all. There are a few ground rules in Kansas. First off, the products can’t pack more than 0.3% Delta-9 THC, and second, the products must have the right label (to make sure it does come from hemp.)
Michigan
Michigan has a fresh set of rules for selling Delta-8 to ensure public health and safety. The state recently passed a new regulation so that businesses can’t just waltz in and sell Delta-8 products without getting a thumbs-up from the MRA (the Marijuana Regulatory Agency) and rigorous product testing before selling it. So, right now, the only place you’ll find Delta-8 THC products is in those registered dispensaries
New York made a bold move on Delta-8 in 2021. The State Department of Health cracked down and said, “No more!” – they banned companies, manufacturers, and vendors from producing or selling any synthetic cannabinoids, including our bestie Delta-8 THC.
But here’s the little win for the Big Apple – if you’re the end consumer, you’re still in the clear. The regulation didn’t put the kibosh on possession, so you can go ahead and enjoy this newer THC compound without any worries.
Oklahoma
Oklahoma is all in for Delta-8 THC. In 2021, they brought out the welcome wagon with House Bill 2913 and Senate Bill 238. These bills gave the thumbs-up to Delta-8 THC and other hemp-derived products as long as they keep the Delta-9 THC contents under 0.3%.
Oklahoma is also keeping a watchful eye on consumer safety and top-notch products. So, not only do they require testing to ensure safety, but they also want accurate labels.
Well, hang onto your hats because, in Texas, Delta-8 THC is on a wild legal rodeo ride!
In 2021, the Texas Department of State Health Services (DSHS) made the call and labeled Delta-8 THC as a Schedule I controlled substance, making it illegal in the Lone Star State. But hold the phone! That decision hit a legal speed bump in 2022 when a district court judge pumped the brakes and issued a temporary injunction, telling DSHS to back off.
So, here’s the deal: the injunction is still in play, which means, for now, you can buy and possess Delta-8 THC in Texas. But don’t get too comfy because the case is still up in the air. The Texas Supreme Court might turn the table, potentially making Delta-8 THC illegal once more.
Because the rules still live in a somewhat grey area in Texas, you still have to keep yourself up-to-date on what’s what with the legal stance of Delta-8 in Texas to avoid getting into any issues.
What is Hemp-Derived Delta-8 THC?
With all the legal aspects behind us, let’s take a closer look at what Delta-8 is all about. Delta-8 THC, the cool new kid in the THC family, is the rising star of the cannabis industry. Delta-8 comes from the hemp plant instead of the regular marijuana plant. It’s one of the natural goodies you find in the cannabis plant, but what makes it a standout star is its unique, less intense high, which doesn’t pack the punch of Delta-9 THC.
One way to produce Delta-8 THC is by converting CBD isolate, which is a pure form of cannabidiol, into Delta-8 THC through a chemical process known as isomerization. During this process, the molecular structure of CBD is manipulated to create a new compound with unique psychoactive properties. By starting with CBD isolate, manufacturers have the ability to selectively convert CBD into Delta-8 THC, resulting in a more controlled and efficient production process. This method is often preferred due to its high purity and the ability to meet the growing demand for Delta-8 THC in the market by producing it in large quantities.
What’s the buzz about Delta-8? Well, it’s like a milder, mellower version of THC with a unique high that’s not as intense. You can say, in many ways, it has similar effects as an Indica strain.
Cannabis enthusiasts are pretty intrigued by the potential benefits of hemp-derived Delta-8 THC. It’s like a ticket to Relaxation land, offering a sense of calm and a gentle buzz. And here’s the kicker – it’s often hailed as a stress and anxiety buster.
But what’s really turning heads is its legal status under federal law. You see, the feds are giving the nod to hemp-derived products, setting them apart from the marijuana gang based on their source. It’s like a legal green light, and that’s got cannabis fans obsessing over hemp-derived Delta-8!
What Does Delta-8 THC Feel Like?
Delta-8 THC – the laid-back cousin of Delta-9. It’s like the more relaxed, easygoing member of the THC family, with intoxicating effects that lean towards a body ‘high’ rather than a heady trip.
So, when folks ask, “What’s the Delta-8 THC experience like?” here’s the lowdown:
Users often describe it as a soothing joyride without the jitters or unease that can sometimes tag along with Delta-9 THC. The intoxicating effects of Delta-8 THC are more calming and relaxing; it helps both your mind and body let go of stress and body aches to enjoy the euphoric sensation.
Many people enjoy Delta-8, especially because of its sedative effects, which have been shown to help with reducing body aches, and discomfort, and even as a new natural sleep aid.
Now, if you’re a seasoned pro who needs a bit more to catch the vibe, that’s all good; Delta-8 comes in many potencies to match your groove.
Delta-8 THC isn’t just another buzz – it’s a unique experience that’s got its own cool rhythm!
Safely Dosing Delta-8 THC: Low and Slow
Let’s break it down, shall we? When it comes to Delta-8 THC dosing, we’re talking about a bit of a delicate dance of ‘low and slow.’ Why, you ask? Well, it’s all about dodging those pesky adverse events and safety concerns. We’re talking about safety first, folks!
Now, onto the nitty-gritty:
Grasping Potency: Delta-8 THC is like the gentle giant of the THC world, not as wild as Delta-9. But it still packs a doozy punch if you go overboard.
- Begin Small: When it comes to Delta-8 THC, you start with small, and then, gradually, you kick things up a notch as your tolerance builds.
- Monitor Reactions: Keep a close eye on how your body is feeling after each dose. If your body gives you the side eye, it’s time to slow down.
- Seek Professional Counsel: If you’re on heart or blood pressure meds or you’ve got Benzos in the mix, ring up one of the medical professionals before you dive into a new substance. They can provide personalized advice, considering your health conditions and potential interactions.
If you are just starting out, we suggest taking 5-10mg per dose. For those who want the sleep aid benefits without necessarily experiencing the soft high feeling, it’s best to take a dose 30 minutes before bedtime. This way, you can be in bed and asleep while the effects kick in.
If you have more experience and are not afraid of the psychoactive effects, you can start with 25mg or even go as high as 50mg. However, for individuals with a very high tolerance due to various reasons, a 100mg dose is recommended. But please proceed with caution, as it’s easy to become highly intoxicated and experience negative side effects.
At BiowellnessX, we offer doses for all states, and our best-selling organic Delta-8 Gummies are a fan favorite.
So, remember these tips, and you’ll be grooving to the Delta-8 THC rhythm safely and soundly.
What’s the Difference Between Delta-8 and Traditional Delta-9 THC?
It’s crucial to understand the differences between Delta-8 and traditional Delta-9 THC, two naturally occurring cannabinoids found in the cannabis plant. Delta-8 is derived primarily from hemp plants, while Delta-9 is more abundant in marijuana. This variation plays a major role in marijuana laws, which often differentiate between hemp-derived cannabinoids and those from marijuana. To stay informed on the complex legal landscape, it’s essential to understand these nuances.
Beyond legality, But it’s not just about rules and regulations; it’s also about the vibes each of them brings, Delta-8 and Delta-9 also have different effects. Delta-8 is your laid-back friend, offering a more gentle, cheerful high. In contrast, Delta-9 is the life of the party, renowned for its intense, euphoric effects. Grasping these differences is your key to choosing the ideal cannabinoid companion. By delving into the perks and peculiarities of each, you can confidently select the one that aligns perfectly with your preferences.
There’s much to consider regarding Delta-8 and Delta-9 THC, and understanding their distinctions is vital. By doing some research and getting familiar with the pros and cons of each, you can make an educated decision on which one you’d like to try.
How Long Does it Take Delta-8 THC Products to Kick In?
The onset of Delta-8 THC products’ effects can vary greatly, depending on several components like the method of consumption and individual metabolism rates.
To get a better idea of how long it takes for the effects to kick in, it’s essential to explore three key factors:
- Method of Intake: Think of this as picking your travel mode. Inhalable products, like smoking or vaping, typically zoom into the effect zone with the speed of a bullet train, while the oral ingestion method takes a leisurely walk to get there.
- Individual Metabolism: Each person’s body processes cannabis-derived products at distinct paces, influencing how quickly the effects are felt.
- Dosage: It’s like deciding how much spice you want in your meal. Larger doses can serve up a more intense psychoactive effect, and they tend to do it more quickly than smaller ones.
It is essential to consider these details carefully, from a legal and safety perspective, when evaluating the effectiveness of Delta-8 products.
Delta-8 THC and Drug Tests
Navigating the topic of Delta-8 THC and drug tests is a significant concern for those subject to regular screenings. With the legal status of Delta-8 THC still being debated, it’s essential to note that most drug tests detect any form of THC – legal or not. Take a look at the table below to compare the legal status and detectability of key substances:
| Substance | Legal Status | Detectable in Drug Tests |
|---|---|---|
| Delta-9 THC | Illegal if over 0.30% (Federal Level) & Varies State-by-State | Yes |
| CBD | Legal (Federal level) | No |
| Delta-8 THC | Legal (Federal level) & Varies State-by-State | Yes |
Even if Delta-8 is legally available in certain areas, its presence can still produce a positive drug test result. So, it’s essential to be mindful of these potential risks before deciding whether or not to partake in hemp products.
Potential Therapeutic Benefits of Organic Delta-8 THC
Exploring potential therapeutic applications, organic Delta-8 THC offers exciting possibilities for medical research and patient care. Here’s a closer look at some of the fantastic feats it can pull off:
Delta-8 THC may :
- Relieve Chronic Pain: Think of Delta-8 as your steadfast ally, standing by your side in the battle against chronic pain. It leaps into action, soothing discomfort and transforming torment into a distant memory.
- Alleviate Anxiety: When anxiety comes knocking, Delta-8 is your suave, calming presence. It’s like your personal serenity expert, offering a soothing hand in times of mental turbulence.
- Promote Relaxation: Delta-8 is the master of zen, helping you achieve the peak of relaxation. It’s like the tranquil oasis you’ve been searching for in the hustle and bustle of life.
- Control Vomiting: Feeling queasy? Delta-8 steps in as your anti-emetic champion, quelling the urge to vomit with a 100% success rate. It’s like having the ultimate nausea buster in your corner.
- Improve Sleep: Say goodbye to restless nights! Delta-8 has you covered with its sedative-like qualities, ensuring you fall asleep faster and enjoy longer, more peaceful slumbers.
- Stimulate Appetite: Delta-8 isn’t just a tasteful host; it’s also a culinary artist, helping reignite your appetite. So, when food loses its luster, Delta-8 adds a dash of excitement to your meals.
Potential Side Effects and Adverse Effects
It’s essential to consider the potential therapeutic advantages of Delta-8 THC. However, we must also be aware of its possible side effects and reactions.
Although derived from hemp and not explicitly listed under the Controlled Substances Act, Delta-8 THC could lead to mild issues like fatigue or confusion. It can also cause more severe problems like anxiety and mood changes if you’re not accustomed to THC.
A good rule of thumb is to think of Delta-8 as a more sedative form of Delta-9 THC. So typically, the traditional adverse effects of Delta-9 are also present in Delta-8 products, just less severe.
While most of the common side effects of Delta-8 are mild, such as cotton mouth and red eyes, it can turn nasty if you’ve used a product of unknown sources.
There are plenty of brands on the market selling Delta-8 products with cheap formulations and ingredients, leaving heavy metals and harsh chemicals in your product, leading to serious health risks.
The federal government is presently assessing the public health implications of Delta-8 THC usage due to the unregulated market at the moment.
The Future Legality of Delta-8 THC
The ever-changing cannabinoid regulations bring potential changes to the legal status of Delta-8 THC in the near future. As new rules get established at federal and state levels, it’s clear the future legality of Delta-8 THC is in a complex legal gray area. To understand these shifts, it’s important to evaluate state policies.
At the federal level, there’s an ongoing debate about classifying Delta-8 THC under the Controlled Substances Act. New regulations might influence its legality, but states could also formulate their laws independent of federal policies. Some states have already started legislative reviews to clarify their stance on Delta-8 legal issues.
So, the question remains: Is Delta-8 legal? It’s a topic of great discussion and debate among policymakers, scientists, and stakeholders. But one thing is certain: With the ever-changing controlled substances regulations, it’s essential to be aware of the current laws in your state – and to stay up-to-date on any shifts in the future.
THC From Marijuana vs. Hemp-Derived THC
Understanding the difference between Tetrahydrocannabinol (THC) taken from marijuana and hemp-derived THC is key, as they can have diverse effects on experiences and have different rules attached.
- Hemp-Derived THC: Hemp products like Delta-8 are generally permissible under federal law if they contain less than 0.3% Delta-9 THC. However, the legality of Delta-8 is unclear due to a lack of thorough federal and state examination.
- THC from Marijuana: This version is prohibited federally, but some states have made it legal for medicinal or recreational use. Its impact on the cannabis industry has been massive.
- Regulatory Implications: These origin-based discrepancies lead to contrasting regulations that affect cannabis users and the industry alike, necessitating more knowledge and understanding of these compounds’ legal statuses.
Final Thoughts: Is Delta-8 Legal in My State?
When it comes to Delta-8, the legality across the United States is complicated – though federally legal, many states have not addressed the cannabinoid specifically in their legislation. Derived from hemp, Delta-8 provides a milder experience than Delta-9 THC and can get consumed safely and responsibly if dosed correctly.
It’s essential to stay informed about your local regulations to make sure you’re playing by the rules. Ignorance is no excuse, so researching and understanding the legal parameters is essential for responsible Delta-8 consumption.
It’s wise to remember that Delta-8 comes with its own benefits – but make sure you know exactly what those are. Doing your due diligence is always the best approach to understanding the legal landscape and the potential advantages of Delta-8.
Thanks for reading!
Not sure what Delta-8 product to start with? Get a free Delta-8 THC gummy sample on us.
Legal Disclaimer:
By reading this information presented, you agree to release the author of any liability that comes from using this data. This post contains no legal advice. Claims about cannabinoids have not yet been approved by the FDA. Read the full legal disclaimer here.
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References:
- 5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8 THC
- Delta-8-THC: Delta-9-THC’s nicer younger sibling?
- Consumer Experiences with Delta-8-THC
- Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA
- The Controlled Substances Act (dea.gov)
FAQs About Delta-8 Legality
Delta-8 THC gets manufactured through a process known as isomerization, where CBD, a compound found in hemp plants, is chemically restructured to create Delta-8 THC. This conversion requires specific catalysts and controlled conditions.
D9 THC is Federally illegal in every state. But after the passage of the Federal 2018 Farm Bill, however, plants containing less than .03 percent Delta-9 THC by dry weight volume are considered industrial hemp and can be legally grown.
Delta-8 THC is one of over one hundred cannabinoids produced naturally by the cannabis plant but not found in large amounts in the cannabis plant.
Delta-8 THC, similar to other cannabinoids, has the potential to interact with various medications. This interaction occurs due to its influence on cytochrome P450 enzymes, which metabolize many pharmaceutical drugs in the liver.
Various products containing Delta-8 THC are accessible, ranging from edibles and tinctures to vape cartridges. The specific hemp product type may influence the onset and duration of effects experienced by the consumer.
No, the US has not legalized recreational marijuana federally, but states like Alaska, California, Colorado, Delaware, Illinois, Maryland, and more have. Always check your local and state legislation.
Age restrictions for purchasing Delta-8 THC products typically mirror those for other medical and recreational cannabis products. Most states require individuals to be 21 to purchase Delta-8 or any other hemp-derived products, although this may vary depending on local legislation and regulations.
