Is Delta 8 Legal? – Vitaldiol
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Is Delta 8 Legal?

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The legality of hemp products in the US is a complicated gray area much of the time. Even when products are federally legal in all 50 states, like CBD, local regulations can restrict people’s access. Delta 8’s meteoric rise in popularity has created some legal challenges in various states, and there remains the question of whether or not it will be federally regulated. 

Delta 8’s Legal Challenges

Different Types Of Legality

One of the challenges of using hemp products responsibly is dealing with the various levels of legislation surrounding them. Some of these terms can be confusing, so let’s break those down now before we get further into the legal issues surrounding Delta 8.

Federal Legislation

At the federal level, Delta 8 is legal. However, it is not explicitly legal— there is no regulation that says that Delta 8 THC is federally permitted. Rather, Delta 8 is legal due to the language of the 2018 Farm Bill. This federal law applies to the entire United States and made some major changes to the way the US legal system treats hemp. 
This law made a distinction between cannabis and industrial hemp. Industrial hemp contains less than 0.3% Delta-9 THC. The law then made hemp cultivation broadly legal, provided the grower complies with state and federal legislation and regulations. 
But that just means that hemp products are federally protected. States can create their own regulations and may ban hemp products at their discretion. This means that Delta 8 is freely accessible in some states but not others.

State-Level Legislation

As discussed above, some states take a more prohibitive approach to hemp products than others. Some states are simply not friendly to hemp consumption at all, while other states’ bans come from safety concerns.

One of the biggest concerns that many states have is regulation. Because there’s no federal requirement for Delta 8 to be tested, there are unscrupulous producers who make unsafe products. This was recently a big concern in Texas, where Delta 8 is now banned.  

When consuming any kind of hemp-based product, safety should be your first concern. Unfortunately, post-purchase lab tests of some Delta 8 products have shown that not all of them contain what they claim to have, with some products containing substantial amounts of Delta-9 THC. For your safety, you should only ever buy Delta 8 products from manufacturers who provide third-party test results, are open about their safety data, and are serious about the quality of the goods they sell. 

Where Is Delta 8 Illegal?

As of November 2021, here’s where Delta 8 stands in each state:

Delta 8 Legal States: 

California, Connecticut, Florida, Georgia, Hawaii, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, Wisconsin, Washington, Washington D.C. 

Legal, Pending Review:

Alabama, Illinois, Oklahoma, Oregon


Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Kentucky, Michigan, Mississippi, Montana, New York, North Dakota, Rhode Island, Texas, Utah, Vermont

The Bottom Line

While Delta 8 is federally legal, it’s vital to know your state’s stance on it. It’s also important to buy Delta 8 products safely. Delta 8 itself is safe, but additives can make it less so. Unsafe Delta 8 products, like untested vape cartridges, are one of the driving forces behind restricting and even prohibiting the sale of this cannabinoid. Tinctures and edibles are much safer, as you aren’t inhaling anything that could damage your lungs. Our Delta 8 gummies come with our strict compliance standards and third-party testing to ensure a safe, properly-dosed product. Enjoy Delta 8, but do so responsibly and safely!


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