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Is Delta-8 THC Legal? [State-By-State]
If you’ve used cannabis plants in any form at any point in your life – be it dry herbs or CBD tinctures – you must have heard of the latest hype over D-8 THC extracts.
Delta-8 THC is the milder, more docile sister of Delta-9 THC and a more therapeutic cannabinoid than CBD. It offers all the goodness of these two cannabinoids, coupled with a mild high – JUST enough to help you relax, unwind, and nicely buzzed – but NOT enough get stoned!
Technically, cannabis’ main psychotropic cannabinoid D-9 THC is a Controlled Substance, as per the Controlled Substances Act (CSA) of 1970. Unfortunately, D-8’s closeness to D-9 THC makes it difficult for consumers to be sure of its legal status. It’s confusing, to say the least!
All this confusion stems from the fact that cannabis is, broadly, of two types – hemp, which is legal, and marijuana, which is NOT legal. The latter is illegal due to its high Delta-9 THC content.
In other words, any hemp extract is legal under federal law.
So, what about the D-9 THC products available everywhere nowadays? Is that legal?
The Short Answer: Yes. Hemp-derived D-8 THC products, containing less than 0.3% D-9 THC is legal in all 50 states of the USA.
But what if the extract contains more than 0.3% Delta-9 THC?
Then, it is illegal.
Confused already? Well, here is the longer answer…
What’s Delta-8 THC? What Makes It Different From Delta-9 THC?
To start this discussion, we must first understand what makes THC (irrespective of the isomer) so vulnerable to legal regulations.