Delta-8 THC is considered legal at the federal level because it is derived from the hemp plant, rather than from marijuana. Delta-8 products, with the exception of foods and beverages that contain the cannabinoid, are legal. Delta-8 THC and recreational use of marijuana are legal in Washington D.C. But is delta-8 legal? It depends.
For now, delta-8 THC is federally legal if it is derived from hemp (cannabis with low levels of THC from delta-9). Delta-8 is legal in South Carolina, but Attorney General Alan Wilson says that delta-8 products derived from hemp plants with the federal THC limit of 0.3% are not allowed anywhere in the state. Since it is produced through chemical or biochemical synthesis and is not obtained directly from the hemp plant itself, the DEA believes that delta-8 is a synthetic substance. Later, a CCB spokesperson stated that delta-8 could later be regulated through an adult program similar to its recreational marijuana program.
While the state's Medical Marijuana Control Program indicated that medical marijuana products containing delta-8 THC are subject to specific regulations, this does not apply to unregulated products. Delta-8 is legal in Nebraska, as the state exempts hemp-derived products from its list of controlled substances. Delta-8 is not legal in Delaware, which means that the state does not allow the use, possession, sale, distribution, and production of delta-8 products under state law. In short, Delta 8 is another cannabis-derived wellness product that people choose to experiment with different cannabinoids.
Extracts derived from marijuana are illegal at the federal level, but as long as your product comes from hemp, it's out of danger. Delta-8 derived from marijuana is illegal, although some cities and counties have decriminalized simple possession. Shawn Hauser, partner of Vicente Sederberg and co-chair of the law firm's hemp and cannabinoids department, agrees that Congress should take steps to further regulate cannabinoids, including delta-8 THC, and suggests that the best path to achieve that goal is the full federal legalization of cannabis. Delta-8 THC derived from hemp is legal in Indiana, with the exception of products that can be smoked, such as the delta-8 hemp flower.
States will continue to fight against the federal government's attempts to close the thriving market for delta-8 THC so that delta-8 can continue to be available to people in need across the country. According to the bill, this working group “will study and make recommendations on the classification and regulation of tetrahydrocannabinols, other than delta-9, that are derived artificially, synthetically or naturally.” While it's unlikely that the USDA intended to create a loophole for people to get high legally, it's a fact that THC delta 8 may have gone unnoticed.