Legal and Regs

Which States is Delta 8 Illegal in?

Written by Asia Mayfield

2018’s Farm Bill legalized hemp nationwide and ushered in a new era for consumers. Cannabis and hemp producers were suddenly free to sell hemp-derived cannabinoids, including cannabidiol (CBD) and delta-8 tetrahydrocannabinol (THC), across the U.S. Now, however, states are taking steps to limit consumer access to delta-8 THC, citing concerns over the compound’s psychoactive properties.

“The [2018] Farm Bill passed with the understanding that hemp is nourishing, hemp could be food, used in supplements, used as fiber or grain. And hemp is not intoxicating,” explains president of U.S. Hemp Authority Marielle Weintraub.

“Delta-8 defies the intention of the laws and the rules. I think it’s incredibly short-sighted and can bring down the entire hemp industry before we’ve had the chance to show people what this plant can do. Delta-8 makes me so angry.”

Thirteen states now ban delta-8 THC: Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah, and Vermont. Vermont’s ban was implemented last month after the Vermont Agency of Agriculture, Farms, and Markets (AAFM) sent a letter to the state’s hemp producers.

Hemp producers are interested in delta-8 THC because it opens up a potentially lucrative revenue stream. Consumer interest hinges on the compound’s purported health and psychoactive benefits. Many people believe that delta-8 THC causes a less potent intoxication than what they experience with delta-9 THC.

According to Jody McGinness, director of operations at The Hemp Industries Association (HIA), “Delta-8 is a minor cannabinoid that can be extracted from hemp… The intoxication thing is the headline grabber. But the story is we need a framework to make sure hemp has its place and extracts have their paths to market.”

Delta-8 THC is just one of many cannabinoids that can be extracted from hemp and cannabis plants.


Image source: Pixabay

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Asia Mayfield

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