Legal and Regs

The Foggy Future of D8 Regulations

Written by Antonio DeRose

Delta-8 tetrayhydracannabidiol (D8) demand has surged over the past several months, and sales don’t seem to be slowing down. This cannabinoid causes effects that consumers have described as similar to the Delta-9 tetrahydracannabindiol (THC) you’re used to, but without the same level of intensity. Because D8 can convert from hemp-derived CBD, and the end product doesn’t contain THC, it’s considered a legal hemp product in certain states.

As sales of D8 products have increased so dramatically, it has quickly gained the attention of lawmakers looking to close any loopholes left behind from the 2018 Farm Bill, but it’s not as easy as it might sound. Each state has the right to enact its laws regarding products derived from hemp, including CBD and other cannabinoids, like D8. Some states allow D8, but then there are states like Alabama, where in April of this year, an amendment passed by the Senate Judiciary Committee that would add Delta 8 to Alabama’s controlled substance list. [1]

The popularity of D8 has also attracted the attention of state law enforcement, most of whom are either unsure or unaware of the legality surrounding D8. Despite a lack of clarity in the law, they are still tasked with carrying it out. In March of this year, one business owner in Clinton, SC, received a visit from the Clinton Police Department, who seized all of their products containing D8. The seizure of product happened even although there are no laws in South Carolina that address D8 specifically. [2]

With all of this being said, it looks like the future of D8 regulations will continue to be a foggy one, at least until state and federal lawmakers, law enforcement agencies, and local governments can all come to an explicit agreement. Until then, companies selling D8 and D8 products in states that consider them legal don’t seem to have much to worry about at this time, but close attention needs to be paid to the changes in regulations that seem to be on their way.



  1. Moseley, B. Senate to consider amendment potentially harmful to Alabama hemp industry. Alabama Political Reporter. 2021.
  2. Jones, K. Clinton police seize THC products from vape shop, owner argues they’re legal.WYFF4. 2021.

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Antonio DeRose

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