Is Delta 8 THC Legal?

Is Delta 8 THC federally legal?


Delta 8 THC may sound intimidating, given the historical associations with Delta 9 THC over the past nine decades. However, Delta 8 THC is fully legal at the federal level and in most states in the United States, thanks to the passage of H.R. 2, also known as the Agricultural Improvement Act of 2018 or the 2018 Farm Bill.


The 2018 Farm Bill explicitly legalized all derivatives, isomers, and cannabinoids present in hemp as long as the final product contains less than 0.3% Delta 9 THC. It's worth noting that delta 8 THC is an isomer of CBD, which is a derivative of hemp, and CBD itself is a cannabinoid found in hemp. Our extracts conform to the legal requirement, containing less than 0.3% Delta 9 THC.


Questions about the Federal Analogue Act, a component of the Controlled Substances Act, often arise due to Delta 8 THC being listed. Fortunately, the 2018 Farm Bill addresses this concern by amending the Controlled Substances Act to exclude all tetrahydrocannabinol found in hemp explicitly.

The pertinent language from the 2018 Farm Bill is provided below, along with links to the original text.


It's crucial to understand that the information presented on this page and our website serves informational purposes only and does not constitute legal advice. Please refer to our full legal disclaimer HERE. While we strive to remain current on state and federal laws, especially given the evolving nature of regulations at the state level, it is advisable to conduct your own thorough research and consult with a legal professional to ensure compliance with the laws in your state or territory at all times.


(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)’’.

Find the full-text legal document HERE

Is Delta 8 THC legal in your state? 

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Products on this site contain a value of 0.3% or less Δ9THC (or no more than 0.3% Δ9THC).

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