May 10, 2021

Is Delta-8-THC Legal?

Ah, delta-8 — the legal high — or is it?

Delta-8 is the l8est and gr8est in the hemp industry. It’s starting to be infused into all kinds of products, like gummies and tinctures.

But with “THC” in the name, folks are (unsurprisingly) skeptical about its legality. It’s best to stay informed on the laws surrounding cannabis products, especially new ones. Let’s take a look at what the laws have to say about delta-8.

What Is Delta-8-THC?

First thing to know is, delta-8-THC, (aka D8, delta-8, or delta-8-tetrahydrocannabinol) is a cannabinoid that’s skyrocketing in popularity due to its similarities with THC. Take note — delta-8 is similar to THC, but is not the same compound as THC.

Delta-8-THC vs Delta-9-THC

The scientific name for THC — the highly psychoactive cannabinoid — is delta-9-tetrahydrocannabinol, or delta-9-THC or sometimes D9. But most people don’t include the delta-9 part, and just call it THC.

Just know that THC refers to delta-9-THC, and delta-8-THC is a totally separate cannabinoid.

Why D8’s In Demand

So, what’s so special about delta-8-THC?

It’s a little psychoactive (but not as much as THC). Users frequently report delta-8 as uplifting, yet mellow.

Delta-8 fans most often describe the experience as relaxing — a mild high without the paranoia or anxiety that sometimes accompanies THC.

Delta-8 is for those who want a high that’s a little less “rocket to the moon,” and a little more “gliding on a gentle breeze.”

Is Delta-8-THC Federally Legal?

The answer to the million dollar question is…it depends.

According to the Agriculture Improvement Act of 2018 (aka the “2018 Farm Bill”), both hemp and hemp products are federally legal. With a small caveat. The hemp-derived products must contain no more than 0.3% THC (delta-9 THC that is). But as long as they meet that criteria, the products are considered federally legal.

Now, things get a little tricky because delta-8 could be sourced from either marijuana or hemp. A trustworthy producer will clearly indicate the ingredients and include a certificate of analysis for its products.

In short: Hemp-derived D8 (with ≤ 0.3% THC) gets the A-OK from the US of A.

Is Delta-8-THC Legal In My State?

Looking to celebrate with delta-8 in your home state? You’re probably wondering if it’s legal where you’re located.

We said it once, and we’ll probably keep saying it for years — it depends!

The Great D8 State Debate

As mentioned earlier, a CBD product (including delta-8) derived from hemp that contains less than 0.3% THC is considered federally-legal. However, things get murkier because states have their own laws about cannabis production and products.

Depending on your state:

  • All cannabis products could be legal
  • Or almost all cannabis products may be illegal (!)
  • Cannabis products may be restricted to medical use only
  • Some products may be legal while others are not (e.g. hemp-derived products may be legal while marijuana-derived products are not)

For example, even though the federal law gives hemp-derived CBD products the green light as long as their THC content is 0.3% or less — Idaho is a state with even more stringent requirements. Idaho doesn’t allow any amount of THC in CBD products. It’s gotta be 0.0%.

Save yourself a ton of confusion and check the current laws of your state. And keep checking on them — because they tend to change.

If Delta-8 Is Legal, Does That Mean It Won’t Show Up On A Drug Test?

Again, we have another one of those gray areas. It depends on how much THC is in your body.

Delta-8 products will have less THC in them than products containing delta-9-THC. But, drugs tests may still be able to detect the trace amounts of THC in your delta-8 products — resulting in a failed drug test.

And even though delta-8 may be legal in your state, your employer may have different rules.

At this point in time, drug tests don’t have the precision to isolate different cannabinoids in their results.

If you’re interested in delta-8 CBD products and curious how they impact drug tests, check out our post on delta-8 and drug tests.

Where’s Delta-8 Available Near Me?

Whether or not you can find brick-and-mortar stores will depend on your state-specific laws surrounding CBD products. If CBD products are legal in your state, you probably have a lot of options to pick from.

You can also choose to buy your CBD from an online store committed to producing high-quality products. The convenience and privacy of the virtual experience, coupled with the variety of products at your fingertips, make online shopping appealing to many.

Pure Craft Delta-8 Gummies

Ready to try some delta-8? If you’re looking for a little more zing in your CBD products, consider giving Pure Craft’s nano-optimized delta-8 infused gummies a go.

They’re lightly psychoactive, but without the unpleasant feelings of paranoia you sometimes get with delta-9-THC. Plus, we’re told time and again from customers that they taste really yummy. Because they’re derived from hemp, our D8 gummies are 100% federally legal.

Keeping It Legal With Delta-8

Delta-8-THC is one of the newer additions to CBD products. It’s a cannabinoid and can be derived from THC or CBD. D8 is known for producing a mellow euphoria that’s not accompanied by the negatives associated with THC’s high.

Laws surrounding cannabis tend to evolve. But at this time, the legality of any delta-8 product depends on three things:

  • Whether the D8 was made from marijuana or hemp
  • How much total THC is in the product
  • Your state-specific laws on CBD and delta-8

The good news? All hemp-derived products containing no more than 0.3% THC (of the delta-9 variety) are federally-legal. The not-so-good news is that your state may have stricter laws. Be sure to check up on the laws in your area, so you can purchase your delta-8 products with confidence.

Pure Craft offers high-quality hemp-based CBD products — including ones with delta-8.


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