Legal and Regs

Where is Delta-8-THC Legal?

Written by Lisa Rennie

There are over 100 cannabinoids found in the cannabis plant, the most notable of which is tetrahydrocannabinol (THC), the compound that induces psychoactive effects when consumed. More specifically, it’s the delta-9-THC that is most commonly-known to exist in cannabis, and is present in abundance.

That said, there is another common cannabinoid in the plant that is similar to the psychoactive properties of delta-9-THC, though has some differences: delta-8-THC. Delta 8 is an isomer of delta 9 THC, which means that while their chemical formula may be the same, they have differing structures.

More and more companies are using delta-8-THC as the main ingredient in their cannabis products. In fact, delta-8-THC can be found in a wide array of products with various merchants. The cannabis compound is being sold across the nation thanks to the 2018 Farm Bill that legalized hemp-derived cannabinoids.

But is delta 8 legal all over the US? If so, where?

In the US, delta 8 is legal on a federal level. Since this compound can come from industrial hemp, delta 8 may be legal anywhere in the US. That said, the status of the compound differs on a state-by-state basis.

For instance, the following states currently have restrictions on delta 8 because of its psychoactive properties:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

In Canada, THC has been federally legal since October 2018 when the Cannabis Act took effect, allowing the use of recreational cannabis without violating criminal law. The country became second in the entire world at the time to legalize cannabis on a federal level, behind Uruguay. Considering the legalization of cannabis — and the use of THC — delta 8 is legal to consume and possess in Canada.

In Mexico, the decriminalization of cannabis seems to be underway. In October 2018, the Supreme Court in Mexico determined that cannabis prohibition was unconstitutional, spurring the beginning of changes to cannabis laws in the country. That said, these changes have been somewhat slow to take effect.

Image source: chrisbeez from Pixabay

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Lisa Rennie

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