Legal and Regs

States Banning Delta-8 vs. States Promoting Delta-8, Who Will Fold?

Written by Colby McCoy

Delta-8 tetrahydrocannabinol (THC) may have hit its first roadblock: the U.S. Drug Enforcement Agency and reluctant state legislatures.

The Delta-9 derivative has gained widespread traction among consumers, who laud the cannabinoid for effects, which are far less potent when compared to Delta-9 THC. It is precisely this ability, to make one high, that makes Delta-8 legally precarious.

Though Delta-8 is available in 28 states and one district as of August 2021, another 18 states have sought to regulate it at a bare minimum, according to data compiled by CBD Oracle. At least 4 states are considering legislation restricting or banning the cannabinoid. Delta-8’s uncertain future in a slew of states is the least of its problems.

It appears that Delta-8 has been added to the DEA’s infamous scheduled substance list, effectively putting it in a legal grey area like Delta-9. Does this mean that states where Delta-8 is legal will fold? It certainly isn’t guaranteed.

Indeed, Delta-8’s path could mirror Delta-9, which is legal in states that have passed recreational cannabis legislation, even thought the DEA views it as an illicit substance. The current legal landscape in many states has forced consumers to order their products from vendors in other states where Delta-8 isn’t as big of an issue.

On the whole, the shifting sands of legality may create headaches for consumers in certain states, particularly ones looking to restrict access to Delta-8 or ban it outright.

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Colby McCoy

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