Is Delta 8 legal?

 

The FDA has issued the first warnings to companies about the illegal sale of products that contain the cannabinoid delta-8, THC. FDA issued five warning letters to companies marketing intoxicating compounds and making unapproved claims about their therapeutic properties. FDA had previously issued a warning to consumers about these products. It has also sent warning letters out to CBD businesses for unauthorized marketing in the past. However, this is the first enforcement action regarding delta-8 THC. Delta-8 is a very popular product, especially in states that legalize adult-use marijuana. People are increasingly using delta-8 for therapeutic and recreational purposes. Lets further discuss is delta 8 legal or not?

 

In which states are delta-8 legal?

 

Some states have begun to regulate or ban this cannabinoid. Below is an interactive map that shows the legality of the delta-8 laws in each state.

 

States where Delta 8 is legal

 

Even though the laws may not always be clear, these states should allow you to purchase delta-8 products with no problems.

 

 

Alabama

 

Alabama legalizes delta-8 THC. Alabama House Bill 2 was passed in April 2021. It contained an amendment that would have banned delta-8 and delta-10 products. Similar amendments were also made to the state's bill on medical marijuana.

 

 

Arkansas

 

The Arkansas legislature has made Delta-8 THC legal thanks to HB 1640. This bill replaced an earlier hemp bill.

 

 

Florida

 

At the moment, delta-8 THC in Florida is legal. If HB 679 is passed, however, that could change. The bill proposes establishing new regulations for hemp extract products, and could even ban hemp-derived THC altogether.

 

 

Georgia

 

Georgia legalizes Delta-8 THC from hemp. House Bill 213, passed in 2019, made hemp products and hemp-derived products legal.

 

 

Hawaii

 

Except for edible and inhalable products, delta-8 THC is legal in Hawaii. This means that delta 8 gummies and vapes, as well as flowers, and other drinks, are prohibited.

 

 

Illinois

 

In Illinois, delta-8 THC has legal status. The state is currently working on legislation to require that all cannabinoid products, including delta-8, be properly tested before they are sold.

 

 

Indiana

 

Hemp-derived delta-8, which is not smokable, is legal in Indiana. Senate Bill 209 would have defined hemp to contain no more than 0.3% THC. However, that provision was repealed in February 2022.

 

 

Kansas

 

Kansas legalizes delta-8 THC. Kansas has no legislation that prohibits delta-9 THC, just like other states.

 

 

Kentucky

 

A judge issued an injunction on February 28, 2022, which made Delta-8 THC legal in Kentucky. If Senate Bill 170, proposed in February 2022, is passed, then intoxicating hemp-derived products such as delta-8 will be illegal.

 

 

Louisiana

 

Louisiana has made Delta-8 partially legal. Inhalable products, such as flowers and vapes, are prohibited under HB640. It was passed in August 2021. Products cannot contain more than 1% THC per kilogram. You can only purchase delta-8 edibles, beverages, and topicals from Louisiana. Louisiana is the only state that allows companies to register delta 8 THC edibles.

 

 


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