Will Delta 8 THC Become Illegal?

The legality of Delta-8 THC in New York is not expected to change anytime soon. The sale, distribution, production and manufacture of Delta-8 THC products remain heavily restricted. Delta-8 THC is federally legal because it is derived from hemp, rather than marijuana. In Florida, hemp-derived Delta-8 is legal under state law, meaning that its use, possession, sale, distribution and production are allowed without risk of sanction or prosecution.

Delta-8 is legal in Oregon, but is regulated by the Oregon Liquor and Cannabis Commission (OLCC) following the passage of House Bill 3000. North Carolina also allows the use of Delta-8 and it is not classified as a controlled substance under state law following the passage of Senate Bill 352. However, Rhode Island does not permit the use of Delta-8 and it is classified as a Schedule I controlled substance under the state's Uniform Controlled Substances Act. The FDA has expressed concern that products with Delta-8 THC may expose consumers to higher levels of the substance than those found naturally in raw hemp and cannabis extracts. In some cases, side effects may only occur in people who are sensitive to Delta 8 THC.

It's important to note that some states only allow the sale of Delta 8 derived from hemp plants. Delta 8 may have a psychoactive effect similar to other marijuana products, making it somewhat controversial. The use, possession, sale, distribution and production of Delta-8 products are legal under state law without fear of sanction or prosecution. Delta-8 THC was patented by Unimed Pharmaceuticals in 1985 but didn't become popular until 2003. In Montana, recreational marijuana for adults over 21 years of age is legal, although it's not clear if Delta-8 derived from marijuana is allowed under the same cannabis laws.

The Cannabis Council has issued a statement urging that all forms of THC should be regulated as intoxicating in adult products and that “Delta-8” products should be sold only where they are regulated, tested and labeling available. Hemp varieties typically do not contain enough Delta-8 THC to make its extraction functionally viable.

Cédric Yoho
Cédric Yoho

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