What is Delta-8 THC and Why is it Legal?

Delta-8 THC is a cannabinoid found in hemp and marijuana plants, and it is considered legal at the federal level due to its derivation from the hemp plant. In Missouri, the passage of Bill 2034 by the House of Representatives legalized hemp and hemp-derived compounds, including Delta-8 THC. This means that the use, possession, sale, distribution, purchase and production of Delta-8 products are all legal under state law. In Florida, Delta-8 THC is also legal under state law.

However, in North Dakota, Delta-8 is classified as a controlled substance following the passage of Bill 1045 by the North Dakota House of Representatives. In Oregon, Delta-8 is regulated by the Oregon Alcoholic Beverage and Cannabis Commission (OLCC) following the passage of Bill 3000 of the House of Representatives. Delta-8 THC is one of 113 cannabinoids found in cannabis varieties (hemp or marijuana) and a variant of delta-9-tetrahydrocannabinol (THC). It can only be detected in small amounts in hemp and marijuana plants, but manufacturers have discovered a way to produce it from a third notable chemical in cannabis plants, CBD.

All of these cannabinoids have been removed from the regulation of the Controlled Substances Act (CSA), including THC delta-8 and delta-9, as long as the THC concentration of delta-9 does not exceed 0.3% by dry weight. The AK Futures decision has caused some insurance companies to reconsider their stance on products with THC delta-8.There is a divide between those who see THC delta-8 as a means to revive a declining hemp and CBD industry and those who view delta-8 as a dangerous “party buster” without warning for the cannabis industry. It is important for consumers to know that products with THC delta-8 have not been evaluated or approved by the FDA for safe use in any context. Penalties for possession of marijuana or delta-8 derived from marijuana are punishable by a fine.

However, it is still classified as a misdemeanor. Therefore, it is important to be aware of the laws in your state regarding Delta-8 THC before using or purchasing any products containing this cannabinoid.

Elmer Purtle
Elmer Purtle

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