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Legality
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Medically Reviewed By:
Nidra Sidhu, M.D. Integrative Medicine
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    Why Is Delta 8 Legal? – How Delta 8 Became Federally Legal

    Delta-8 leaf with legal gavel

    Delta 8 THC online has risen in popularity rather quickly, so quickly that many people are left wondering: what is delta 8 THC?

    Delta 8 THC is a compound found in the hemp plant that acts similarly to delta 9 tetrahydrocannabinol but is federally legal and offers a smoother, more prolonged high for many people. 

    Experts estimate there are more than 100 different phytocannabinoids and over 400 distinct chemical compounds found in hemp plants and the cannabis plant.

    Of those 100 compounds that contain the more well-known compounds and delta 9 tetrahydrocannabinol, there lies delta 8 THC.

    Yes, delta 8 THC is a type of THC, but the high is much smoother than the more intense delta 9 from the cannabis plant. It’s also compliant with federal law! 

    Is delta 8 THC legal when it has psychoactive properties?

    We have the 2018 Farm Bill to thank for that. We’ll talk about it more below.

    The benefits of legal delta 8 gummies 1000mg THC mean that for some people who live in states that prohibit delta 9, delta 8 THC is a way to take care of yourself and experience the high without breaking the law.

    As always, check the laws in your state to ensure everything is on the up and up. 

    If you want answers to the questions around delta 8 THC legality and what does delta 8 THC do, keep reading.

    Delta North

    Is delta 8 THC legal? As of this writing, yes, it is.

    Some states — we’re talking to you, Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah, and Vermont — have shipping restrictions, which is most unfortunate, and federally, it is legal.

    We’ll get into the history of its legality a bit so you can understand the journey this plant, and hemp in general, have been on. 

    The 2018 Farm Bill

    The 2018 Farm Bill is the reason that people get to grow legally, manufacture, sell, and consume hemp and its derivatives. This includes delta 8 THC but excludes medicinal marijuana.

    Many states, such as North Carolina follow this. It's also what made CBD legal.

    Let’s talk about it. 

    The 2018 Farm Bill was a piece of legislation that brought hemp back into the limelight.

    Since 1937, the United States has dedicated way too many dollars to fighting against this nourishing and powerful plant and punishing the people who use it to elevate their life, manage stress, and all kinds of other reasons. 

    This bill matters for legalization because it legalized hemp on a massive scale — not just pilot programs and the like.

    It was also an expansion of the 2014 Farm Bill, with those expansions including: 

    While these were significant wins, some restrictions involved giving shared power between federal and state over the legality of this plant.

    As you may have guessed, this can cause some problems, especially for states who are notoriously anti-hemp.

    How is delta 8 THC legal if THC isn’t legal above 0.3%?

    The biggest distinction is that the bill only says delta 9 is illegal above that threshold - delta 8 THC isn't mentioned.

    Yes, similar to the differences between indica and sativa, they are both a type of THC, and no, they aren’t the same thing. 

    The biggest problem is that states share power in deciding how to interpret the laws.

    Derivatives of hemp are included in the 2018 Farm Bill, and some states are arguing that delta 8 THC isn’t a derivative because of how it’s produced.

    While it all sounds complicated because of politics and nitpicking, the important thing to note is that delta 8 THC is legal federally and in most states.

    Delta North

    The Importance of Delta 8 THC

    Why is delta 8 legal?

    Delta 8 THC is legal because of the laws surrounding it. What does delta 8 THC do? That’s another question entirely. 

    Many people use delta 8 THC as a way to get high, without being glued to the couch. Delta 8 THC is a smooth high that doesn’t climb too high like delta 9 THC.

    I imagine it as an invisible fluffy blanket draped around your shoulders and a hot cup of herbal tea in your hands.

    What does delta 8 THC do? What are delta 8's effects?

    It offers an alternative for those who live in states where delta 9 is illegal entirely and those who just want a softer experience without sacrificing the quality of the high — if anything, it will elevate your standards of what a high is.

    Overall, delta 8 THC offers milder psychoactive effects with some users reportedly taking it for pain relief.

    The Effects Of Delta 8 THC

    Delta 8 THC is a lesser-known cannabinoid found in the hemp plant, and it acts similarly to delta 9 THC, the psychoactive compound found in marijuana.

    However, delta 8 THC is believed to provide a smoother, more prolonged high for many people. Some users report that it provides a less intense psychoactive experience, while others claim it has therapeutic benefits such as reducing stress and improving sleep.

    The Different Forms Of Delta 8 THC

    Delta 8 THC is available in a variety of forms, including gummies, oils, and vaporizers. Gummies are a popular option for those who prefer a convenient, discreet way to consume delta 8 THC.

    Oils can be taken orally or used in vaporizers, and vaporizers offer a smokeless option for those who prefer inhalation.

    Delta 8 THC products also come in a range of strengths and dosages, so it's important to carefully consider the appropriate dosage for your needs.

    The Risks Of Using Delta 8 THC

    While delta 8 THC is generally considered safe, it is still a psychoactive substance and can have potential risks and side effects.

    These may include dizziness, dry mouth, and anxiety. It is important to use delta 8 THC responsibly and follow the recommended dosage guidelines to minimize the risk of negative side effects.

    It is also important to note that delta 8 THC is not recommended for pregnant or breastfeeding women or for individuals with a history of mental health issues.

    How To Use Delta 8 THC

    To use delta 8 THC, it is important to start with a low dose and gradually increase as needed. Gummies and oils can be taken orally, and vaporizers can be used to inhale delta 8 THC.

    It is also important to store delta 8 THC products properly to ensure their effectiveness and safety. It is recommended to keep them in a cool, dark place away from children and pets.

    The Future Of Delta 8 THC

    The future of delta 8 THC is uncertain, as it remains a largely unregulated substance. While it is currently legal at the federal level, some states have placed restrictions on its use and sale.

    It is possible that delta 8 THC could face increased regulation in the future, or it could become more widely accepted as a legal alternative to other forms of THC.

    It is also possible that the delta 8 THC market will continue to grow as more people discover its unique effects and potential therapeutic benefits.

    Delta North

    The Takeaway

    Delta 8 THC is legal at the federal level because it is derived from the hemp plant.

    It’s taken some time in our history to get to this point, and a lot of that history still needs to be written.

    You can read more about delta 8 THC legality, legalized marijuana, and the cannabis plant in your state and learn more about this powerful compound on the Delta North delta 8 THC blog.

    If you’ve got other questions, we’ve got answers. Does delta 8 THC show up on a drug test? Learn more at the link. 

    Legal Disclaimer: You should still consult an attorney for the best legal advice regarding Delta 8 gummies wholesale THC in your state, as the material shared here is for informational purposes only. Always check with your medical doctor before starting on recreational marijuana or recreational cannabis for any health risks. If you have any adverse effects please contact national poison control centers.

    author avatar
    Clayton McCall

    Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.

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