Is Delta 8 THC Legal in the U.S.?

A couple of years ago, many things changed for the hemp-loving community thanks to the 2018 Farm Bill. The 2018 Farm Bill legalized industrial hemp in the United States, making all the components in the plant, except for Delta 9 THC, completely legal. It was a giant leap forward for the future of hemp-derived products. It also made space for more research on a topic that was still laying in a very shapeless, gray area. Let’s see what this legislation changed for the status of Delta 8 THC – the less-potent yet very interesting cannabis component worthy of praise.

The Background of Delta 8 THC in the Farm Bill

Although the 2018 legislation was indeed a game-changer, it didn’t start there. The 2018 Farm Bill was, in a way, a ‘sequel’ to the 2014 Farm Bill. The 2014 Farm Bill took the first steps by drawing a line between cannabis and industrial hemp. Separating them allows more research to be done on hemp and encourages new hemp-derived products to appear on the market.  

With the 2018 Farm Bill, every component of the hemp plant, including Delta-8 THC, was federally legal to use. A few states don’t allow Delta 8 THC sales, and it remains illegal in these states even today. The only condition was that these products contain less than 0.3% Delta 9 THC. More importantly, the 2018 Farm Bill made space for more changes to happen in the future of marijuana decriminalization. For example, the 2020 MORE Act shows the rapid progress that has been made in regards to cannabis! 

Delta 8 Chemical Structure

Why would Delta 8 THC be legalized and Delta 9 THC not? The answer lies in their different chemical structures. Delta 8 THC has a double bond on the eighth carbon chain, and Delta 9 THC on the ninth. Consequently, this double bond positioning makes the Delta-8 less potent and apparently, ‘less psychoactive’ than the Delta 9 – which is why we have yet to see the legalization of Delta 9 THC. 

A Bit More About Delta 8 THC 

strawberry cough delta 8 thc cartridgeWith the number of studies on hemp growing, it’s becoming apparent that the cannabinoids present in it can have significant effects.

Many people prefer Delta 8 THC because it’s weaker. It’s improbable that it would produce the side effects that might appear when consuming Delta 9 THC. Still, it’s good to keep in mind that this wholly depends on one’s individual tolerance level. Some studies suggest Delta 8 might be helpful for patients, but more research is required to prove this statement. The general benefits of using products that contain Delta-8 THC are its anti-emetic effect (can help with nausea), as well as its potential to help with feelings of stress or discomfort.  

Delta 8 products are convenient for people who find that Delta 9 is slightly strong and too sedating for them. It’s also a much cheaper option for those simply looking to enjoy the effects of THC stress-free as it is currently federally legal under the 2018 Farm Bill. Delta 8 THC is not legal for sale in these states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. 

Final Thoughts

Although  Delta 8 THC is federally legal, and we hope that this will remain unchanged, there is still a slight possibility that we could face some restrictions in the future if the manufacturing, processing, and distribution of these products are prohibited. On a brighter note, the future could also bring exciting changes for hemp – we can’t wait to see what happens! If you are looking for a new product to try, ethically-sourced kratom for sale can be found on the GRH Kratom site.


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