State law and federal law are not always harmonious. While the Supremacy Clause of the U.S. Constitution establishes that federal law supersedes state law, although things sometimes become murky. Cannabis remains a Schedule I drug under federal law, yet cannabis is illegal in several states. Delta 8 THC products entered the scene as an alternative to marijuana. No federal statute explicitly bars Delta 8 THC products, but some state legislatures passed laws making Delta 8 THC products illegal. The Delta 8 THC federal law vs. state laws issue may confuse some consumers and even distributors. Staying on top of current federal and state regulations might provide some clarity.
What is Delta 8 THC?
Delta 8 THC is a chemical compound similar to Delta 8 THC, the active compound in marijuana that generates a high. According to numerous sources, Delta 8 THC provides a milder high than Delta 9 THC. Since Delta 8 hemp is a “lighter” version of its cousin, Delta 9, sources point out that side effects might be weaker, too. Individual results will vary.
Under federal law, Delta 9 THC is a controlled substance and an illegal drug. Delta 8 hemp received no such classification, partly because it only exists in trace amounts in cannabis and hemp. However, an extraction process could draw out Delta 8 THC to make Delta 8 edibles, carts, and more. The 2018 Farm Bill made this possible.
The 2018 Farm Bill
Congress passed legislation in 2018 that intended to assist farmers, including those who produce hemp. The law legalizes hemp-extracted products that contained less than 0.03% Delta 9 THC. Perhaps the intention was to help the CBD industry. Many people use CBD as a natural treatment for many ailments and, since CDB can’t make anyone high, it lacks legal controversies.
Another point bears mentioning The Delta 8 THC extraction must come from hemp containing less than 0.03% THC. So, extracting Delta 8 THC from marijuana would be illegal under federal law.
Since the law makes hemp-extracted products legal as long as they contain less than the specified amount of Delta 9 THC, products containing Delta 8 THC emerged. A unique extraction and distillation process makes these products available. Federal law leads to Delta 8 distributors launching their companies and providing Delta 8 hemp to the market. As NBC News puts it, Delta 8 THC is “unregulated at the federal level.” Unregulated might be a more appropriate term than “legal.” At present, no laws or regulations exist that directly make Delta 8 THC legal or illegal. State law is another matter.
Delta 8 THC and the States
States have the ability to pass laws and enforce those laws within their borders. Several states wanted nothing to do with the sale of Delta 8 THC within their jurisdiction, so they passed legislation making Delta 8 THC illegal.
The current list of states that made Delta 8 THC include the following eastern states:
- Rhode Island
- New York
The Southern states include:
The western and midwestern states include the following:
- North Dakota
Leaving the continental U.S.A., consumers will find Alaska banned Delta 8 THC. Come October 2021, Michigan’s ban goes into effect. Texas attempted to pass a law prohibiting Delta 8 THC, but the law has yet to pass. Other states may soon ban Delta 8 THC, and others might not.
Review the Law
Numerous resources provide updates about “delta 8 THC federal law vs. state law” reports. Buyers and sellers may benefit from keep on top of current law. Laws may change, and Delta 8 hemp enthusiasts may avoid problems by learning about current laws and regulations. Whether you’re wondering is it legal to ship Delta 8 THC or our Delta 8 Gummies, you can find your next Delta 8 Hemp product today.