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The Legalities of Delta 8 THC

Hemp As Defined by the Agriculture Improvement Act of 2018

AGRICULTURE IMPROVEMENT ACT OF 2018 – SUBTITLE G-HEMP PRODUCTION.

SEC. 297A. DEFINITIONS.

(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.
Changes to the Controlled Substances Act that affects Delta 8 THC

SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.

(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 tetrahydrocannabinol in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.

While Delta 8 THC and Delta 9 THC have similar names, they are distinctly different compounds with distinctly different characteristics, and there are clear-cut reasons why Delta 8 THC was made fully federally legal by H.R. 2: The Agricultural Improvement Act of 2018 and Delta 9 THC was limited to a maximum content of 0.3%.

While Delta 8 THC is Federally Legal according to the above statutes it still remains illegal in the following states Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.