What Is Delta 8, And Why Do Some States Ban It?

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Delta-8 is a variation of delta-9-tetrahydrocannabinol, one of 113 cannabinoids in cannabis (hemp or marijuana) (THC). It is psychotropic and intoxicating, and when eaten, it gives you a “high.” Before you ask what is Delta 8 let’s tell you that these edibles are a superb method to experience these effects.

Compared to delta-9 THC, however, the effects are significantly milder, making it a better choice for novices who want to experience the euphoric benefits without the adverse side effects of delta-9. Delta-8 THC is currently available in various forms, including distillates, vape cartridges, oils, and flowers. See manufacturers’ top selections for the finest delta 8 THC goods accessible to purchase online if you seek high-quality items.

Why are states in the United States regulating or prohibiting delta-8 THC?

The outcome of confused, inconsistent, and vague federal standards is that numerous states in the United States regulate or prohibit delta-8. Delta-8 got into a legal dilemma as a result of the uncertainty. Were delta-8 users ingesting a banned substance? Were the makers of delta-8 attempting to create a regulated product? Were delta-8 sellers selling illegal goods? These issues are hazy, and the worries were (and still are) valid.

Delta-8 is in a gray area between the Farm Bill and the Drug Enforcement Administration. The Agriculture Improvement Act (2018 Farm Bill) was enacted by the Trump administration in 2018, legalizing hemp and all hemp-derived cannabinoids. Hemp-derived “tetrahydrocannabinol” like THCA, THCV, and delta-8 THC is no longer on prohibited narcotics. Delta-9 was the only one who managed to remain on board.

However, in 2020, the DEA released a contentious interim final rule to bring the Farm Bill closer to compliance with the Controlled Substances Act (CSA), putting delta-8 and delta-10 THC in jeopardy. Under this final regulation, the DEA declared that all “synthetically-derived tetrahydrocannabinol remain schedule I restricted drugs” under this final regulation. What does this mean, and how does it relate to delta-8? For businesses to have enough delta-8 THC in their goods, it must first transform from cannabidiol (CBD) through a structural isomerization procedure carried out in a lab.

CBD undergoes isomerization, which modifies its chemical structure and converts it to delta-8. The DEA considers delta-8 a synthetic drug since it originates via chemical or biological synthesis rather than directly from the hemp plant.

How is the industry reacting?

The massive departure of delta-8 THC throughout the United States was met with silence. This fact is hardly shocking. Over the last few months, the states in the United States have been highly secretive about their treatment of delta-8. Delta-8 is now being prohibited at a breakneck speed, not helping matters.

When the then-President signed the 2018 Farm Bill into law, he had no clue that he was unintentionally legalizing marijuana use throughout the United States. The psychotropic component of the cannabis plant known as Delta-9 THC is prohibited in legal hemp, while Delta-8 THC is permitted and has comparable effects on the human mind. Delta-8 THC was accidentally approved owing to politicians’ ignorance of the molecule, which was relatively unknown until a few years ago. 

Following a recently approved legislation, Connecticut companies may only sell Delta-8 THC if they are licensed marijuana retailers, for example. It was outlawed in New York the same month as marijuana became legal. Along with Washington and North Dakota, Vermont prohibited it in April of this year. Delta-8 goods are regulated or banned in Colorado, Alaska, Arizona, Arkansas, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. Michigan is another recent addition to the list.

Against all odds, Wisconsin is one of 28 states that has yet to enact a substantial prohibition on Delta-8 THC. CBD merchants are free to sell it in Wisconsin, and because it is federally legal, buyers may order it online and get it at their homes.

Why is Delta-8 THC prohibited?

Delta-8 THC is not outright unlawful in certain places, such as New York and Connecticut, but it is restricted to licensed marijuana sellers exclusively. It focuses more on THC product regulation and assuring that the Delta-8 market is what it aims to be. These states bring Delta-8 and ordinary Delta-9 THC products offered by the legal marijuana business up to a high degree of testing and regulation before they are accessible to consumers by combining them. One of the problems with “wild” Delta-8 sales is that there have been multiple cases when the items have failed to fulfill potency and even safety criteria.

Many politicians want to keep Delta-8 illegal because it enables Americans to acquire a quick, inexpensive, legal equivalent to recreational marijuana. To put it another way, that is not a very good excuse. However, the first and most apparent reason why anybody would wish to prohibit Delta-8 THC is the exact reason why regular marijuana is not permitted.

Kentucky is in an unusual predicament, and the state’s stance on Delta-8 THC has been in the headlines many times. Although Delta-8 THC is still legal in the state, the state’s Department of Agriculture issued an opinion article stating that people should handle Delta-8 as if it were banned, which it is not. Police raids on legal hemp establishments have been frequent, regardless of legal status. The Kentucky Hemp Association is pursuing legal action against the state for denying them the federal right to sell Delta-8 THC.

Forced Delta-8 THC is a grey area under federal law because it was inadequately studied and written due to Kentucky Sen. Mitch McConnell, who was pressing the hemp legalization measure ahead.

Delta-8 is technically lawful since the 2018 Farm Bill made every component of the cannabis plant legal by default, except Delta-9 THC; nevertheless, Delta-8 was never on the path to be legal. The Drug Enforcement Administration attempted to amend this with a regulation issued in 2020, which said that all “synthetically-derived tetrahydrocannabinol remain schedule I restricted narcotics.” Although it is a technical point, hemp-derived Delta-8 THC necessitates a method that may classify it as “synthetically-derived THC.” Although not all Delta-8 is at risk, it is enough for certain states to follow the DEA’s recommendations.


So, what is in store? Delta-8 THC is currently lawful and uncontrolled in most states. Still, states have moved so quickly in response to the startling revelation that Delta-8 was authorized and the resulting economic boom that it seems likely that the federal government will intervene. Hopefully, instead of a blanket ban, it will follow the lead of Texas, which attempted but failed to outlaw Delta-8, or states like New York and Connecticut, which are just incorporating Delta-8 into an established, regulated, and legal cannabis economy.