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Is Delta-8 THC Legal? & Where To Buy In 2021?

Delta 8 THC & the 2018 Farm Bill

Delta-8 THC was made legal In 2018. The updated Farm Bill legalized hemp and all its compounds, even up to 3% of delta 9 THC, an intoxicant found in large quantities in marijuana. Brands see the legalization of all 545 known compounds as permission to produce delta 8 products. However, some states claim there’s a gray area creating a loophole, and they’re trying to ban or regulate the phytocannabinoid.

The law defines hemp as,

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

The historic legislation passed by Congress and signed into law in December of 2018 legalized all hemp compounds, including delta 8 THC.

What Is Delta 8 THC?

If you’ve been following the latest news about hemp, then chances are you’ve heard of delta 8. Also known as THC-lite, it’s a minor phytocannabinoid found in cannabis and hemp plants. The compound develops in the trichomes or tiny mushroom-like growths on the plant’s stalk, stems, and flowers. Delta 8 THC is popular because it produces a mildly intoxicating effect. 

Is THC-Lite a Hemp Extract?

Producers can extract delta 8 from hemp. However, the plant produces less than 1%, making it an expensive undertaking. The second option is to convert CBD (cannabidiol) to delta 8. The process pioneered by Dr. Raphael Mechoulam is isomerization. The simple procedure requires special equipment. As a bonus, it improves the shelf life of delta 8, helping manufacturers save money. 

Here’s where you’ll find some changes in the law. THC-lite is federally legal. Despite the loophole that allows consumers to buy and use the intoxicating compound, the only way to correct it is through another act of legalization. 

In the meantime, some states have made changes to their laws to limit access to delta 8 THC. 

  • Alaska
  • Arizona
  • Arkansas
  • Delaware
  • Montana
  • New York
  • Idaho
  • Kentucky
  • Colorado
  • Mississippi
  • Vermont
  • Rhode Island
  • Utah

Most of the restrictions are related to safety. States are looking to ensure product safety and prevent people from driving while under the influence by limiting purchase locations or age requirements for purchasing it. 

Common limitations include consumers 21 and older and product placement for retailers. For example, keeping any intoxicating items behind the counter and away from underage users. 

One state reviewing regulatory options is Michigan. Rep. Yousef Rabhi in Michigan explains where the state stands in its stance on THC-lite,

“We know that banning these substances is not the best way to keep the public safe. But we also know that these psychoactive compounds are currently being sold with no public health standards to anyone, regardless of age.”

The most significant change for delta 8’s legal status is the manufacturing process. Staying in line with the fine print in the 2018 Farm Bill, states are banning products made through isomerization.

Of course, how states are going to enforce these laws is unknown. 

Despite these changes, the future for delta 8 THC looks bright. The less potent THC compound is available and here to stay. 

Where Can I Buy Delta 8 THC?

There are plenty of websites online that sell delta 8 products regardless of the mentioned restrictions of the law. However, only legitimate delta 8 companies will ship out orders to legal states. There are many special deals online and if you’re lucky you might be able to score a discount by signing up for their newsletter subscriptions.

We recommend only purchasing products that have a Certificate of Analysis displayed and presented on their product listing. This helps ensure what you are buying is pure delta 8 and does not contain other containments. Please do your homework and make sure you research the website’s reviews and testimonials.