Legal and Regs

Who Will Ban Delta-8 Next?

Written by Robert Hammell

Our guess on which state will be the next to ban D-8

Even though Delta-8 is legal on a Federal level, thanks to a loophole in the 2018 Farm Bill, it falls to each state to determine how they will proceed with the hemp derived cannabis substitute. Currently there are 30 states where Delta-8 is fully legal and can be bought at proper locations. Two of those states, Michigan and Connecticut, have chosen to regulate D-8 like cannabis, and it can only be purchased at fully licensed dispensaries whether for medical or recreational purposes. So far 19 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Kentucky, Mississippi, Montana, New York, North Dakota, Rhode Island, Vermont, Utah and Washington have banned the sale of Delta-8 in all forms for various reasons. Some feel that all Tetrahydrocannabinols are the same, and therefore there is no difference between Delta-8 and the more potent Delta-9. Others feel that there is not enough data to determine the psychoactive effects of D-8. In October 2021, Texas became the most recent state to ban Delta-8, which begs the question: who will be next? Currently two states have already introduced legislation to ban the sale of D-8, and several more have indicated they are considering a ban. Those states are:

 

  • Alabama – In February 2021 the Alabama house passed a bill to limit drugs that were similar to opiods. An amendment was added to that bill that would also ban the sale of Delta-8. After a response from the state’s cannabis industry, the amendment was removed in April 2021. The bill, with the amendment, was passed unanimously. So it may only be a matter of time before that idea is proposed again.
  • Oregon – Legislators announced in March 2021 a desire to regulate the sale of Delta-8 similar to their regulation of cannabis. This would put Oregon in the same category as Michigan and Connecticut, but one of the options that the legislators discussed is an outright ban. Though it is unlikely to arrive at that point, as Oregon has legalized recreational and medical Delta-9 cannabis, it is still a possibility.

 

In addition, the states Georgia, Louisiana, Indiana, Kansas, Missouri, Nebraska, North Carolina, South Carolina, Tennessee, Wisconsin and Wyoming have all expressed interest in banning the sale of Delta-8. Many of these states have outlawed all forms of cannabis, and would likely include Delta-8. Though they have all expressed intention, none of them have gone so far as proposing legislation.

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Robert Hammell

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