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Is Delta 8 THC Legal?

YES

 Hemp-derived Delta 8 THC is federally legal and legal in most states in the USA thanks to H.R. 2: The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill.

The 2018 Farm Bill specifically made all derivatives, isomers, and cannabinoids in hemp legal, provided the final product has less than 0.3% Delta 9 THC. For reference, Delta 8 THC is an isomer of CBD, a derivative of hemp and CBD, a cannabinoid naturally found in hemp, and is ultimately contained in our extracts with less than 0.3% Delta 9 THC.

We often get asked about the Federal Analogue Act, which is part of the Controlled Substances Act, because Delta 8 THC is listed. This is where the 2018 Farm Bill is especially helpful, as it also includes an amendment to the Controlled Substances Act, explicitly removing all tetrahydrocannabinols found in hemp.

The relevant language from the 2018 Farm Bill is listed below, along with links to the original text.

Note that the information contained on this page and website is for informational purposes only. It is not legal advice. While we try to stay as up to date as possible on all state and federal laws, the laws, especially at the state level, are constantly changing. You should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

AGRICULTURE IMPROVEMENT ACT OF 2018 – SUBTITLE G—HEMP PRODUCTION.

SEC. 297A. DEFINITIONS.

(1) HEMP.—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 delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.


SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.

(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—

(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and

(2) by striking ‘‘Such term does not include the’’ and inserting the following:

‘‘(B) The term ‘marihuana’ does not include—

‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection

(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.

INDIVIDUAL STATE LAWS

Is Delta 8 THC is legal in your state? Check your state below to see.

  • Alabama: Legal
  • Alaska: Delta 8 is illegal in the state of Alaska
  • Arizona: Delta 8 is illegal in the state of Arizona
  • Arkansas: Delta 8 is legal in the state of Arkansas
  • California: Delta 8 is illegal in the state of California
  • Colorado: Delta 8 is illegal in the state of Colorado
  • Connecticut: Delta8 is illegal in the state of Connecticut
  • Delaware: Delta 8 is illegal in the state of Delaware
  • Florida: Legal
  • Georgia: Legal
  • Hawaii: Legal
  • Idaho: Delta 8 is illegal in the state of Idaho
  • Illinois: Legal
  • Indiana: Legal
  • Iowa: Delta 8 is illegal in the state of Iowa
  • Kansas: Legal
  • Kentucky: Legal
  • Louisiana: Legal
  • Maine: Legal
  • Maryland: Legal
  • Massachusetts: Legal
  • Michigan: Delta 8 is illegal in the state of Michigan
  • Minnesota: Legal
  • Mississippi: Legal
  • Missouri: Legal
  • Montana: Delta 8 is illegal in the state of Montana
  • Nebraska: Legal
  • Nevada: Delta 8 is illegal in Nevada
  • New Hampshire: Legal
  • New Jersey: Legal
  • New Mexico: Legal
  • New York: Legal
  • North Carolina: Legal
  • North Dakota: Delta 8 is illegal in North Dakota
  • Ohio: Legal
  • Oklahoma: Legal
  • Oregon: Legal
  • Pennsylvania: Legal
  • Rhode Island: Delta 8 is illegal in Rhode Island
  • South Carolina: Legal
  • South Dakota: Legal
  • Tennessee: Legal
  • Texas: Legal
  • Utah: Delta 8 is illegal in the state of Utah
  • Vermont: Delta 8 is illegal in the state of Vermont
  • Virginia: Legal
  • Washington: Legal
  • West Virginia: Legal
  • Wisconsin: Legal
  • Wyoming: Legal 

R8 DELTA8 1G CONCENTRATE

Our Delta 8 THC Concentrate has an unbeatable uplifting feel and is made of 98% Δ8THC oil and 2% Terpenes.
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Delta-8 THC Assorted Gummies Sampler Pack

Made using 100% federally legal hemp. R8 has the most amazing tasting Delta-8 Organic Hemp Extract Gummies! We now have an assorted Sampler Pack of gummies with all four flavors! Our Delta-8 gummies, come in Berry, Peach, Lemon or Green Apple flavor. As with all of our products, they taste amazing!! Each Gummy contains 20MG of Delta-8 THC! Each container contains 4 gummies, for a total of 80MG.It’s a great way to try them and see which one is your favorite!
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R8 DELTA-8 THC PRE-ROLL SOUR SPACE CANDY

Recreational8 pre-rolls begin with organically farmed hemp before being trimmed and dried by professionals. From here, they are generously sprayed with Delta-8-THC distillate. Following this, the flowers are
subjected to an evaporation oven to remove any remaining solvents used during the spraying process. They are then sent off to an ISO-accredited lab to guarantee all solvents have been properly removed. Finally, they
are machine rolled into a perfect smokeable cone.
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