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Federally: YES!
Those three letters (THC) abbreviating Delta-8's generally chemical structure can be quite intimidating at first glance. But it certainly doesn't begin to tell the whole story. In law, details matter.
The Agricultural Improvement Act of 2018 - also known as the 2018 Farm Bill - specifically made hemp, and all of its derivatives, isomers, and cannabinoids legal, provided the final product has less than 0.3% Delta-9 THC. For reference, Delta-8 THC is:
(a) an isomer of CBD,
(b) a derivative of hemp and CBD,
(c) a cannabinoid found in hemp, and
(d) is ultimately contained in our products with far less than 0.3% Delta-9 THC.
Then there is the Federal Analog Act. The Federal Analog Act is a Section of the Controlled Substances Act and it's purpose is to include any chemical "substantially similar" to a controlled substance listed in Schedule I or II to be treated as if it were listed in Schedule I, but only if intended for human consumption. This is where the 2018 Farm Bill is especially helpful, as it also includes an amendment to the Controlled Substances Act, explicitly removing all tetrahydrocannabinols derived from hemp.
The relevant Agricultural Improvement Act of 2018 language, located in Subtitle G (Hemp Production), is as follows:
SEC. 297A. DEFINITIONS.
(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—
(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and
(2) by striking ‘‘Such term does not include the’’ and inserting the following:
‘‘(B) The term ‘marihuana’ does not include—
‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or
‘‘(ii) the’’.
(b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection
(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.
Note that the information contained on this page and website is for informational purposes only. It is not legal advice. Read our full legal disclaimer HERE. While we try to stay as up to date as possible on all state and federal laws, the laws, especially at the state level, are constantly changing. You should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.