Is Delta 8 THC Legal? What You Need to Know

Delta-8 cannabinoids might be becoming more popular as a legal alternative to get the same high as marijuana as of late. According to this study delta-8-THC was heavily searched on Google in the U.S. in 2020 and 2021.

Delta-8-tetrahydrocannabinol (or delta 8 THC) is a cannabis product that shares almost the same molecular structure as the most famous cannabinoid delta-9 THC compound (or simply THC). 

Delta 8 THC is found in very small amounts in most cannabis strains. However, there are some strains that have been specifically bred to contain higher levels of this cannabinoid. These strains are often labeled as "high THC" or "medicinal." When choosing a cannabis strain, be sure to check the label to see if it contains Delta 8 THC.

Like THC, delta-8 has psychoactive effects on humans, although slightly less effective. Invariably with the growing interest, the first question we always get asked is: Is Delta 8 THC legal? We hope this article can give you the answers you're looking for.

What is Delta-8?

Delta 8, full name Delta-8-Tetrahydrocannabinol (THC), is a mind-altering, psychoactive drug found in Cannabis plant. It is the same plant which is more popularly known to produce Delta-9-Tetrahydrocannabinol. People usually refer to the latter drug when they talk about THC as Delta-8 is still new and less is known about it.

Although, Delta-8 is an isomer grown similar to Delta-9, it has a different chemical structure which is weaker in composition. This means that Delta-8 is less intense on its users compared to Delta-9, the effects are lighter and side effects less intense.

When a person uses these types of Marijuana, their body is likely to release dopamine which is the brain's happy hormone. Their users will experience feelings of euphoria, relaxation and pain relief.

The 2018 Farm Bill

While the partial synthesis of delta 8 dates back to 1941, it wasn't until 2018 that we saw a renewed interest for the cannabinoid. The bill, signed into law on December 2018 meant a tremendous change to the regulation of hemp products.

True, the bill didn't specifically address the legality of delta 8 THC. However, it reclassified hemp and made it legal to grow hemp and derivatives of it containing less than 0.3 percent THC.

As Delta-8 can be manufactured from hemp-derived cannabidiol, it opened the door for this product to be sold legally in the United States.

Legal Gray Zone

Delta-8 however has since been stuck in a legal gray zone. While the Farm Bill legalized all hemp and hemp compounds, the DEA still believes it's a controlled substance. Since it's passing, some states have taken action to try and restrict it sales.

Federal appeals Court Rules Delta-8 THC Legal

In May 2022, the 9th circuit upheld a lower court ruling and stated that products made with delta-8 are legal under federal law, delta-8 are legal under federal law, which defines hemp as “any part of” the cannabis plant, including “all derivatives, extracts, [and] cannabinoids,” as long as they contain no more than 0.3% delta-9 THC as reported by Forbes.

The decision was 3-0 in favor of the motion that the Federal statute is silent with respect to delta-8 THC. “Regardless of the wisdom of legalizing delta-8 THC products Court will not substitute its own policy judgment for that of Congress”. This means that currently delta-8 still maintains its federally legal status.


Is Delta 8 THC Legal? A Breakdown by state.

Since Delta 8 is legal federally, we at Cool Out have made the decision to give all of our customers easy access to our products containing Delta 8 THC, regardless of what State they live in. 

We trust our customers to make their own informed opinion about any possible differences between local law, state law and national law. 

    Can I Fly with Delta 8 THC?

    Here's a few points to consider when choosing whether to fly with your favorite product:

    • 1. Delta-8 is federally legal, and TSA will not be actively looking for Delta-8 to confiscate.

    • 2. You should still be careful to bring products on your flight when flying to states with Delta-8 restrictions

    • 3. Always double-check the local laws to make sure you can travel in peace.

    • 4. Even if you travel to a state where it's legal, check with your airline if you can carry delta-8 THC on your trip. It's better to know in advance.

    • 5. It will vary by product: liquid products are difficult for obvious reasons, vapes might be harder because of stigma. Gummies and edibles will probably the easiest to fly with.

    Is Delta 8 Legal To Smoke In Public?

    If you live in a state where Delta-8 is legal, you might be ready to smoke Delta 8 in public. Similar to cannabis and tobacco, many states have prohibitions against smoking publicly. This includes state parks, public buildings, and other community areas.

    Can I get in trouble for possessing Delta-8 THC?

    It depends on the state you live in. If you need assistance figuring out the legality of drugs in your area, get in touch with an experienced local criminal defense attorney.

    Buying Delta-8 THC

    While the number of retailers selling Delta-8 products have exploded, it has come at the cost of some public trust. Some bad actors have entered this still unregulated market trying to score a quick win.

    We at Kind Grade take our responsibility in this area very seriously by publishing our third-party test results (certificate of analysis).

    All of our delta-8 products are:

    • 0 Carbs, Sugar and Calories
    • GMO-Free
    • Gluten-Free

    We understand our customers take their health very serious and are concerned about the effects of delta-8, so safety is our number #1 priority.

    We hope you enjoyed reading our article: Is Delta 8 THC Legal What You Need to Know.

    Back to blog
    1 of 4