As the cannabis industry constantly changes, consumers strive to stay informed about evolving regulations. Delta 8 THC—a derivative from hemp and a similar cousin of traditional tetrahydrocannabinol (THC)—has gained popularity for its purported benefits and products such as pre roll delta 8, vape, gummies, and more. But what is the legal status of Delta 8 now, and where could it go by the end of 2023? We’ll explore that question in this blog post as we investigate emerging evidence on its potential challenges and opportunities under federal law.
Things To Note About The Legal Status Of Delta 8
Delta 8 THC is legal at the federal level:
The Farm Bill of 2018 legalized the use of hemp-derived products that contain less than 0.3% Delta 9 THC. The Farm Bill of 2018 legalized the use of hemp-derived products that contain less than 0.3% Delta 9 THC. Delta 8 THC is a hemp derivative, meaning it’s legal at the federal level as long as it meets the THC threshold. However, it’s important to note that some states have their own regulations regarding Delta 8 THC, which can affect its legality.
Delta 8 THC is not legal in all states.
While this cannabinoid THC is legal at the federal level, it’s worth noting that some states have chosen to ban it or have not explicitly allowed its use. Therefore, before making any purchases of Delta 8 THC products, it is crucial to thoroughly check and familiarize yourself with the specific laws and regulations regarding its legality in your state. This precautionary step will ensure you stay well-informed and compliant with the applicable regulations.
The FDA does not regulate delta-8 THC.
The FDA does not currently regulate Delta 8 THC products, leaving users without a guarantee of their safety, quality, or efficacy. This lack of oversight can pose challenges for consumers, making it increasingly difficult to discern which products can be trusted. Moreover, the absence of regulation may also expose users to risks, including the possibility of harmful substances in these unregulated products. As a result, individuals must exercise caution and conduct thorough research before using THC products.
Delta 8 THC may fail you in a drug test.
Delta 8 THC and Delta 9 THC are chemically similar, so they can appear on a drug test. If your job requires drug testing, it’s important to be aware of this potential risk before consuming this cannabinoid.
Delta 8 THC can show different effects on different people
While Delta 8 THC produces a milder high than Delta 9 THC, it can still affect individuals differently. Factors such as body weight, tolerance, and metabolism can affect how this cannabinoid affects a person.
Delta 8 THC might interact with medications.
Since Delta 8 THC affects the body’s endocannabinoid system, it might interact with other drugs that affect the same system. If you’re taking medication and are considering consuming this cannabinoid, it’s recommended to consult with your healthcare provider first.
States where Delta 8 THC is legal in 2023
A few states have legalized it, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. However, it’s essential to note that some states might restrict Delta 8 THC products’ potency or the maximum quantity you can buy. Therefore, it’s essential to research your state’s laws.
Understanding the Legal Age To Buy Delta 8 THC In Different States
Alabama:
In Alabama, the legal age to buy this cannabinoid is 19. The state has set 19 as the minimum age limit for buying tobacco. Therefore, Delta 8 THC, which falls into the same category as tobacco products, also falls under this regulation.
Connecticut:
Connecticut has legalized cannabis and Delta 8 THC for medicinal and recreational use. However, the legal age of purchase is different for both use cases. If you purchase this cannabinoid for medicinal use, you must be 18 or older. But if you’re buying it for recreational purposes, the minimum age requirement is 21.
Georgia:
In Georgia, the legal age to purchase this cannabinoid is set at 21 years old. This age restriction applies to all products that contain a THC concentration exceeding 0.3%, a threshold that includes Delta 8 THC. This regulation ensures compliance with the state’s policies and safeguards the well-being of individuals within the community.
Kentucky:
In Kentucky, the legal age to purchase this cannabinoid, a popular cannabis-derived product, is 21. This age requirement aligns with the federal regulations governing cannabis products in the state. By adhering to these regulations, Kentucky ensures that individuals of legal age can responsibly and legally access cannabis-derived products such as Delta 8 THC.
Ohio:
Ohio is another state that has legalized Delta 8 THC. However, Ohio’s legal age to purchase Delta 8 THC products is 21 years old. Minors caught possessing this cannabinoid can face criminal charges, fines and a specific jail time.
States where Delta 8 THC is still not legal in 2023
As of 2023, Delta 8 THC, a cannabinoid that produces similar effects to traditional marijuana, is still not legal in several states across the US. Although the compound has gained popularity in recent years, some states have been slow to update their laws surrounding this cannabinoid. Among the states still without legal access to the compound are Nebraska, South Dakota, and Idaho. While this may be disappointing news for those living in these regions, it’s important to remember that laws can change quickly, and progress is continually being made towards a more widespread understanding and acceptance of Delta 8 THC.
Conclusion
In conclusion, while this cannabinoid has gained popularity among cannabis users for its milder and potentially health benefits, it’s important to be aware of its legal status and potential risks. Depending on the place you live, legal status of Delta 8 may differ, and it’s important to check your state’s regulations before purchasing products containing this cannabinoid. Additionally, since the FDA does not regulate Delta 8 THC and can potentially cause a failed drug test or interact with medications, it’s important to use it cautiously and consult with healthcare providers if necessary.