For those that are unaware, Delta 8 THC is a cannabinoid that has been around for centuries, yet has only received very little attention due to the popularity and availability of Delta 9 THC, the part in marijuana that is known for its psychoactive effects. With the 2018 Farm Bill legalizing hemp on a federal level, Delta 8 THC is finally receiving the attention it deserves, since it is more available, legal, and because it harnesses a world of benefits and effects of its own.
Delta 8 THC is merely a variant of Delta 9 THC, a familiar compound that has made marijuana popular due to its psychoactive effects. Delta 8 is also native to the cannabis plant, yet only in trace amounts, which has made its availability scarce. However, as a result of a conversion process, CBD (derived from hemp) can be used to create Delta 8 THC in much larger amounts (referred to as isomerization). The 2018 Farm Bill made all derivatives, isomers, and cannabinoids in hemp legal with the exception that the final product contains less than 0.3% Delta 9 THC.
Though famed cannabinoids such as Delta 9 THC and CBD continue to dominate the market, Delta 8 THC is slowly making its way to them, and many believe it will surpass them. The reason why is because Delta 8 is viewed as a medium between both CBD and Delta 9 THC. It's right there in the middle, offering a balance between benefits that CBD offers and lower, much more tolerable psychoactive potency than Delta 9. It's like having the best of both worlds.
The 2018 Farm Bill legalized hemp on a federal level, as defined in Section 16390, meaning hemp and all of its derivatives, isomers, and cannabinoids are legal, provided that the final hemp product contains less than 0.3% Delta 9 THC. Delta 8 THC is a derivative of hemp, an isomer of CBD, and is available in a variety of Superstrain products, which contains less than 0.3% Delta 9 THC, making Delta 8 legal both legal to use, sell, and distribute.
As a direct result of the 2018 Farm Bill, otherwise known as the Agriculture Improvement Act of 2018, a new federal hemp regulatory system was established, which the US Department of Agriculture will help facilitate commercial cultivation, processing, and marketing of hemp. Furthermore, it has removed both hemp and hemp seeds from the definition of marijuana, as well as removing it from the DEA's Controlled Substances Act. Where the bill really allows the market to prosper is by also allowing the transfer of hemp and hemp-derived products across state lines.
While hemp products may be federally legal, Delta 8 THC, unfortunately, is not legal in every state. There are some states that have banned Delta 8 THC in their state laws.
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The legality section of this page was last updated on: 01/25/2021
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