Until recently, you probably didn’t see any delta-8 products available online or in local stores. However, the popularity of this intoxicating cannabinoid has increased spectacularly to the point where it could one day rival CBD. Indeed, many sellers of delta-8 products are CBD specialists.

There is confusion surrounding D8’s legal status, although a historic court decision clarified the picture in 2022. This article investigates the legality of delta-8 products in the United States. First, however, let’s learn a little more about cannabinoid and why people use it.

What is Delta-8 and Why Do People Love It?

CBD gummy bottle

Delta-8-THC is an intoxicating cannabinoid found in the Cannabis sativa L. plant. As it is only available in tiny amounts, manufacturers have found ways of creating it by synthesizing CBD extracted from hemp. The process involves refluxing CBD in an organic solvent such as heptane with an acid that serves as a catalyst. The chemical reaction is run for up to 90 minutes.

Delta-8 products became a ‘thing’ when the price of CBD dropped markedly due to an oversupply. Producers cleverly found a way to turn the excess cannabidiol into something people wanted to try.

One of the reasons why people like delta-8 is the mild, intoxicating high that’s about half as potent as what they experience from the delta-9-THC found in marijuana. D8 users feel the high is easier to handle and generally provides a blissful, euphoric sensation. People use products such as delta-8 from Premium Jane to relax, improve their mood, and perhaps better manage their sleep cycle.

For a long time, sellers of delta-8 products operated within a legal gray area. Then, a Supreme Court ruling changed everything.

Is Delta-8 Legal in the United States?

In May 2022, a California federal appeals court ruled that cannabinoids derived from hemp, including delta-8, are legal under the 2018 Farm Bill. According to the Ninth Circuit Court of Appeals, delta-8-THC products are generally legal under federal law. That is, as long as the delta-9-THC content remains at a maximum of 0.3%.

This news was a boon for sellers of delta-8 products as it was pretty much a guarantee of a thriving market. Remember, marijuana remains federally illegal, but the appeals court’s decision means that Americans can access a federally legal intoxicating cannabinoid.

Does this news mean you can buy delta-8 anywhere in the United States? The answer is ‘no.’

Where is Delta-8 Outlawed?

Amid concerns over the standard of manufacturing practices, numerous states have decided to prohibit or restrict the sale of delta-8 products. Indeed, D8 is illegal in locations that permit recreational marijuana use. For instance, the sale of delta-8 is illegal or heavily restricted in the following states:

  • Alaska
  • Arizona
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Nevada
  • New York
  • North Dakota
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Washington

It is also heavily restricted in California, Hawaii, and Minnesota. Likely, other states will ultimately ban or restrict the cannabinoid.

According to lawmakers in these states, the biggest issue relates to customer safety. There is no regulatory oversight, and many delta-8 products on the market aren’t properly tested. This means you have no idea of the cannabinoid content, nor are you aware of whether the products are free from pesticides, insecticides, microbials, heavy metals, and other chemicals.

Therefore, when buying delta-8-THC, make sure you use a reputable supplier such as Premium Jane. Many trustworthy CBD brands are now involved in the D8 industry, and they use the same high-quality hemp as they do for their cannabidiol ranges. Furthermore, they include updated third-party lab reports with each batch of products.

Delta-8 Products Are Federally Legal but Are Not Necessarily Available in Your State

Before browsing for delta-8 products online, find out your state’s laws surrounding the cannabinoid. Sellers may not ship D8 to your location if it is known that your state has outlawed the substance. However, the picture is changing so quickly that delta-8 manufacturers may not know that the cannabinoid is now illegal where you live.

At present, residents of Wisconsin, Wyoming, Texas, Tennessee, and several other states are free to buy delta-8 products. However, look for updates surrounding D8’s legality in your area before proceeding with a purchase.