Compliance Advisor

eNews Headline: Can My Customer Sell Delta 8 THC? 

Question: We have a customer that operates as a CBD retailer. We have done our ‘due diligence’ and it seems they are registered and operating legally. The other day, they put up a large banner that advertised ‘Delta 8 THC Available Here!’ Is it legal to sell Delta 8 THC in my state?

Answer: This is a huge grey area across the nation.

Delta 8 THC is chemically similar to Delta 9 THC and differs by only a double chemical bond.  If consumed as an edible, both Delta 8 THC and Delta 9 THC metabolize into the same compound - 11 Hydroxy THC. If vaped or smoked, Delta 8 THC has a similar effect as Delta 9 THC.

The Delta 8 industry argues that since Delta 8 THC is derived from legal ‘hemp’ as defined by the 2018 Federal Farm Bill, it is legal to produce and sell. Some states, most recently Vermont, have expressly made Delta 8 THC illegal buy banning any THC in excess of 0.3 percent rather than just Delta 9 THC.

Many states define hemp similarly to federal law, as any Cannabis Sativa material containing less than 0.3 percent Delta 9 THC. That includes all cannabinoids, acids, isomers, salts, and salts of isomers. And many states also amended their Controlled Substances Act to remove THC’s derived from hemp. That means Delta 8 THC is – arguably - legal in those states. Here is a breakdown, by state, that have specifically made Delta 8 THC illegal.

Alabama: Legal

Alaska: Delta 8 is illegal in the state of Alaska

Arizona: Delta 8 is illegal in the state of Arizona

Arkansas: Delta 8 is illegal in the state of Arkansas

California: Legal

Colorado: Delta 8 is illegal in the state of Colorado

Connecticut: Legal

Delaware: Delta 8 is illegal in the state of Delaware

Florida: Legal

Georgia: Legal

Hawaii: Legal

Idaho: Delta 8 is illegal in the state of Idaho

Illinois: Legal

Indiana: Legal

Iowa: Delta 8 is illegal in the state of Iowa

Kansas: Legal

Kentucky: Legal

Louisiana: Legal

Maine: Legal

Maryland: Legal

Massachusetts: Legal

Michigan: Legal

Minnesota: Legal

Mississippi: Delta 8 is illegal in the state of Mississippi

Missouri: Legal

Montana: Delta 8 is illegal in the state of Montana

Nebraska: Legal

Nevada: Legal

New Hampshire: Legal

New Jersey: Legal

New Mexico: Legal

New York: Legal

North Carolina: Legal

North Dakota: Legal

Ohio: Legal

Oklahoma: Legal

Oregon: Legal

Pennsylvania: Legal

Rhode Island: Delta 8 is illegal in the state of Rhode Island

South Carolina: Legal

South Dakota: Legal

Tennessee: Legal

Texas: Legal

Utah: Delta 8 is illegal in the state of Utah

Vermont: Legal

Virginia: Legal

Washington: Legal

West Virginia: Legal

Wisconsin: Legal

Wyoming: Legal

The entire Delta 8 THC industry, including producers and sellers, could be an opinion letter or rule away from being shut-down.

Capitol Comments

Click for Capitol Comments!