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Is delta 8 THC legal Federally?


Read the full legal disclaimer here.

Yes, it is legal, but it has to be naturally extracted. 

All CBD conversions are illegal according to DEA’s Interim Final Rule.

For many, Delta 8 THC is scary – thanks to everything we are trained to think about it over the years. Whenever people see THC, they assume it is illegal as THC is generally associated with marijuana. But, Delta 8 THC is legal in the majority of the States in the USA. It is federally legal as per the 2018 Farm Bill.

As per the 2018 Farm Bill, all derivatives, cannabinoids in hemp, and isomers are legal, if the final product contains <0.3% Delta 9 THC. It is to be noted here that Delta 8 THC is an isomer of CBD. This is a derivative of CBD and hemp. It is a cannabinoid that is present in hemp. It is contained in extracts but <0.3% Delta 9 THC.

The Legislation

The Farm Bill became law in 2018. As per this legislation, all derivatives of hemp that include analogs and cannabinoids are legal in the USA, but they should not have more than .3% THC or Delta 9 THC. With the passing of the law, many wellness brands started selling CBD products and different hemp derivatives in compliance with the law.

Users should know that their Delta 8 THC wellness product is legal as long as the ingredient is derived from hemp. Besides, the product will not have more than .3% Delta 9 THC.

Though Delta 8 THC is federally legal, there are a few states which have additional restrictions. These states include Rhode Island, Arkansas, Arizona, Colorado, Delaware, Iowa, Utah, Alaska, Idaho, and Montana.

Delta 8 THC has several health & wellness benefits. It assists the brain in regulating neuronal messages. It helps in reducing memoryless. Besides, it is an appetite stimulant and offers relief from pain. It is a great mood stabilizer and helps in conditions of depressions and anxiety. It does not cause any type of disorienting effect that happens with cannabinoids. Users of Delta 8 do not get high, but they enjoy a calming effect.



(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.


(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)’’.

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