Last updated on January 18th, 2023

Is Delta 8 THC legal? This is a question we get asked alot here at Lost 8s. In this article, we will give a detailed answer to this question. We will also list states where Delta 8 THC products are legal and show you how to get top-quality Delta 8 THC products.

What Is Delta 8 THC?

Delta-8 THC is a psychoactive compound that has been found to be less powerful yet chemically comparable to delta-9 THC, the substance widely known as THC that produces an intoxicating “high.” It’s sometimes referred to as delta-9 THC’s nicer younger sibling.

Delta 8 THC is an isomer of delta 9 THC, which means they share an identical double bond but are chemically different. This small difference makes Delta 8 less powerful than its counterpart Delta 9.

The potency of delta 8 THC is around half that of delta 9. So, if you want a less strong high, delta 8 could be the THC for you. Delta 8 THC is also a popular medical cannabis option since it has been discovered to offer several medical benefits. For people seeking an alternative to traditional medication, delta 8 THC is an excellent choice.

Looking for high-quality Delta 8 products for your medical needs? Check our collection

Delta 8 Legality

The 2018 Farm Bill legalized hemp and its derivatives, including delta 8 THC. This means that Delta 8 is legal in most states when it is derived from hemp. However, some states have enacted their own laws regarding the use of delta 8 THC.

In some cases, these state laws are more restrictive than federal law. For example, it is illegal to possess or use Delta 8 in New York. So, even though it is federally legal, it is not legal in New York.

The legality of delta 8 THC products can also vary depending on how the product is made. For example, some states have laws that allow for hemp-derived CBD oil but not marijuana-derived CBD oil.

That is why some products containing delta 9 are still illegal across the United States. Delta 9 is a marijuana-derived CBD and typically contains higher levels of THC than hemp-derived CBD.

Also, there are some states where delta 8 is illegal or falls in the gray areas. 

For example, in Nebraska, the state’s medical marijuana laws do not mention delta 8 THC specifically.

In conclusion, delta THCs are legal in most states when it is derived from hemp. But always make sure to check your state’s laws before using delta THC products.

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Why Is Delta 8 Legal?

Delta 8 is legal because all hemp derivatives are legal in the USA as long as they have 0.3% THC or less. This is due to the 2018 Farm Bill we mentioned earlier. The bill federally legalized all derivatives, extracts, and Isomers of hemp as long as they contain no greater than 0.3 %THC .

Delta 8 also doesn’t contain a lot of psychoactive properties – this contributed to it being legalized around the US. You might be wondering why Delta 8 is used a lot when it doesn’t have any psychoactive effects. Well, it wasn’t until 2003, when it was found to contain many medical benefits, that it became popular.

Delta 8 Regulations

Delta 8 has different regulations across different states. Some states have legalized it, while others have banned it. The states where delta 8 THC is legal have passed laws that specifically allow for the use of delta THC products.

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Is Delta 8 Federally Legal?

The DEA has not yet issued a statement on the legality of Delta THCs. However, it is Federally legal in most states when derived from hemp.

States Where Delta 8 Is Legal

Here are some states where delta THC is legal:

• Alabama
• California
• Florida
• Georgia
• Hawaii
• Illinois
• Indiana
• Kansas
• Maine
• Maryland
• Massachusetts
• Minnesota
• Missouri
• New Hampshire
• New Jersey
• New Mexico
• North Carolina
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• South Carolina
• South Dakota
• Tennessee
• Texas
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming
• Washington, DC.

States Where Delta 8 Is Regulated

Delta 8 is the same as recreational cannabis in the following states:

• Connecticut
• Michigan
• Nevada

States Where Delta 8 Falls In Gray Regions

There is not much information about the legality of Delta 8 in the following states:

• Mississippi
• Nebraska
• Kentucky

States Where Delta 8 Is illegal

Delta 8 is illegal in the following states:

• Alaska
• Arizona
• Arkansas
• Colorado
• Delaware
• Idaho
• Iowa
• Louisiana
• Montana
• New York
• North Dakota
• Rhode Island
• Vermont
• Utah

Where To Get High-Quality Delta THCs

If you are looking for high-quality Delta THCs, we’ve got you covered. At Lost 8s, we offer some of the highest quality Delta THC products. Our lineup includes gummies, flowers, or vape cartridges. You can Shop online or call us today at (786) 910-8412 to place your order. Connect with us by filling out a simple form or Email us. Walk into our recreational dispensary to enjoy in-store shopping or look up our website. Also, follow us on Instagram or Facebook to learn more about us.