Is it legal to ship Delta 8 THC?

News reports about Delta 8 THC may mention sellers and distributors of this “new” cannabis alternative. Delta 8 THC exists in trace amounts in CBD, and an extraction process allows manufacturers to offer products with this “cousin” to marijuana’s Delta 9 THC. Purchasing Delta 8 hemp online requires the seller to ship the product to customers. Obvious questions and concerns then arise among buyers: Is it legal to ship Delta 8 THC?

What is Delta 8 THC?

As already noted, Delta 8 THC is an alternative to marijuana’s active ingredient Delta 9 THC. Delta 9 THC remains an illegal, controlled substance on the federal level. Delta 8 THC is not currently a scheduled drug nor a controlled substance under federal law. State law is another matter, and Delta 8 is illegal in some states.

How does Delta 8 THC exist in a federal gray zone? The 2018 Farm Bill passed by Congress legalized hemp-derived products that contain less than 0.03% Delta 9 THC, among other requirements. Typically, Delta 8 THC products derive from an extraction that draws the chemical compound from CBD. Currently, legitimate Delta 8 THC products that follow the rules are available for shipping to states that do not ban the product.

Shipping Delta 8 THC

Laws may change without much notice, but current USPS regulations allow for the shipping of Delta 8 hemp. Again, hemp and hemp-derived products are legal for shipping through the post office. Alternative shipping options may exist, as private shipping services could deliver Delta 8 THC products. Company policies, like federal regulations, may change. A private corporation could change its shipping policies without notice and faster than the USPS, as well.

Now, the situation with the postal service might be controversial. A Delta 8 THC carts ban went into effect, but the ban ended up being delayed.

The Mysterious Vaping Ban

In January of 2021, a massive COVID-19 relief bill also contained a provision on page 5,136 that banned the shipping of vape products. The ban does not only target vape carts with nicotine and Delta-8 THC but CBD, as well. Initially, the ban was to go into effect on April 26, 2021. The new legislation revises the Prevent All Cigarette Trafficking Act (PACT Act) to incorporate e-cigarettes.

Consumers wondering, “Is it legal to ship delta 8 THC?” may worry about the enactments of laws and regulations banning online deliveries. So far, the ban did not go into effect, as the post office postponed the prohibition.

Rules and Regulations

Regulations and rules exist regarding the sale of carts and hemp products. Sellers must follow these rules so their businesses remain in compliance. However, consumers have no steps to follow when placing an order. Regardless, buyers may benefit from researching what companies offer quality products and adhere to current rules and regulations.

Consumers should keep track of what states currently ban the sale of Delta 8 THC. If delta 8 THC is illegal in a particular state, the seller could get into legal trouble shipping there. Consumers may also face serious legal problems if they purchase a product that is illegal under state law.