Shawn Hauser, a partner at Vicente Sederberg and co-chair of the law firm`s hemp and cannabinoid practice, agrees that Congress should act to further regulate cannabinoids, including delta-8 THC, and suggests that the best way to achieve this goal is full federal legalization of cannabis. That decision has been challenged and a preliminary injunction in Texas keeps Delta 8 in a legal gray area because it remains legal — but with an asterisk, making it a risky investment for retailers. Delta-8 THC is legal in Tennessee. A recently proposed bill to ban and regulate Delta-8 has not been passed. The Delta 8 legality fiasco was finally revealed after a federal appeals court ruling found that Delta-8 is legal and not defined as marijuana, a state-controlled drug. A three-judge panel of the Ninth Court of Appeals rejected arguments that delta-8 products synthetically derived from hemp are not legal or protected by the 2018 Farm Bill. Hemp-derived delta-8 is not specifically banned in Massachusetts under H.4001, which coincides with the hemp laws set forth in the Agriculture Improvement Act. However, the Massachusetts government website states that Delta-8 is a controlled substance and that the state will not allow the sale or production of Delta-8 synthetic hemp. It is not known if the use or possession of Delta-8 is permitted. These claims are not protected by law and are unlikely to be legally binding. Ultimately, this won`t stop Delta 8 THC from being widely accepted in the legal U.S. states where it`s allowed. As more states legalize recreational cannabis, we might even see Delta 8 THC become a new trend in the industry.

Not surprisingly, during my research, I came across several states where one or a few counties treat Delta-8 as illegal businesses and raid, even though there is no clear law making it illegal. I think you would need to investigate the individual situation in each county by asking local Delta 8 store owners and lawyers/advocates. Delta-8 is restricted and regulated in Minnesota. The state recently passed a law (House File 3595) that limits hemp edibles to 5 mg of THC per serving (50 mg per pack). All other hemp products can only contain up to 0.3% tetrahydrocannabinol, including delta-8, delta-9, delta-10 and HHC. No one under the age of 21 may purchase these products. This law essentially prevented the sale and distribution of most Delta 8 products, banning them and prohibiting them from legal existence. Learn more about the legal status of delta-8 in Minnesota.

After a stressful few months, Delta-8 remains legal in Indiana after surviving the 2022 legislature. Senate Bill 209, introduced by Senator Mike Young and later amended by Senator Liz Brown, sought to ban hemp-derived Delta-8, citing consumer safety concerns. The bill is thankfully dead due to fears that the wording would also ban CBD oil. However, because medical and recreational cannabis is illegal in Indiana, marijuana-derived Delta-8 is prohibited by state law. Learn more about the legal status of Delta-8 in Indiana. Delta-8 THC and adult cannabis are legal in Maine. The state authorizes all hemp-derived products. Following this memo, law enforcement began searching several Delta 8 suppliers and confiscating and seizing entire lines of Delta 8 products. As a result, the Kentucky Hemp Association (KHA) sued the state, seeking an injunction similar to the Texas one.

A Kentucky judge ruled in favor of the KHA and issued an injunction that officially but temporarily legalizes Delta 8 products in February 2022. A new legislative attempt (Senate Bill 170) to ban the Delta-8 was introduced in the Senate later that month, but died during the committee phase. Learn more about the legal status of delta-8 in Kentucky. Please note that this article is provided for informational purposes only and does not constitute legal advice. There is still a lot of information and we may soon see that some states need more clarity regarding the legality of Delta 8 THC. Here is the latest information on the availability and legality of Delta-8 THC in your state. We work tirelessly to provide you with the latest developments on the national legality of delta-8 and its products. Research suggests that delta-8 is about 66% as potent as delta-9 and has similar effects (1). This means that it can get you high and produce other typical effects of THC, such as sedation. Delta 8 products, with the exception of foods and beverages containing the cannabinoid, are legal.

Miller, who helped draft the 2018 legislation, said the authors had no intention of legalizing the intoxicating products. Delta-8 THC can be found in small amounts in hemp and other forms of the cannabis plant, but not in amounts like delta-9 THC. However, the cannabinoid can be refined from CBD, which is abundantly produced by many legal hemp strains. Do you know if this means Delta 8 is now illegal in Ohio? If you`re in a state where Delta 8 THC is legal, it`s important to make sure that the brand you trust sells legal Delta 8 THC products. The 9th District decision said that if Congress does not intend to legalize psychoactive cannabinoids such as delta-8 THC with the 2018 Farm Bill, „then it is up to Congress to correct its mistake.” Despite being the sixth-largest crop in the U.S. with 48.8 million pounds of flowers and $27 billion in legal sales per year, the drop in the price per pound and the availability of cheaper, unregulated tetrahydrocannabinol (THC) products made from hemp are thwarting the cannabis industry. Delta-8 THC also seems to be less likely to cause anxiety and other common side effects of delta-9 THC, which is another reason for its popularity. Delta-8, as well as all forms of THC, are illegal in Idaho. Delta-8 THC is legal in Arkansas thanks to HB 1640, which replaced an old hemp bill.

In these states, you should be able to buy Delta 8 products without any problems, even if the laws are not always crystal clear. However, several states prohibit certain types of Delta 8 products, such as edibles or tobacco products. Delta-8 is regulated in the same way that recreational cannabis is regulated in Michigan. It is illegal to sell Delta-8 unless you are a licensed marijuana retailer. The decision follows a lengthy legal battle between AK Futures LLC („AK) v. Boyd Road Distro, LLC („Boyd Street”). Plaintiff AK, a producer of vape and Delta 8, filed a lawsuit against Boyd Street in the United States. District Court for the Central District of California, which alleges copyright and trademark infringement and alleges that the company sold counterfeit versions of its products. It is the best solution for consumers as it increases the quality and safety of delta-8 THC products. Idaho is known for having the strictest hemp laws in the country.

No hemp-derived product can contain a percentage of THC or its isomers, as described in House Bill 126 and Idaho`s Uniform Controlled Substances Act. Therefore, hemp-derived delta-8 is prohibited in Idaho under state law, meaning that the use, possession, sale, distribution, and production of delta-8 products is not permitted anywhere in the state. Similarly, marijuana and marijuana-derived delta-8 are strictly prohibited. The penalties for possession of marijuana-derived delta-8 are severe. Possession of 3 ounces or less is punishable by imprisonment for up to 1 year and a fine of up to $1,000. Learn more about the legal status of Delta-8 in Idaho. Escape to your own galaxy with Planet Delta Delta-8 gummies. This exclusive line of non-GMO vegan delta-8 gummies are made from the highest quality hemp grown in the United States. Each gum contains 15-20mg of delta-8, which will help you relax even after the most stressful day.