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Legality of Delta-8-THC

The most popular question we receive regarding Delta 8 THC products is: but is it legal? The short answer is yes, your state’s laws permitting. Read on to learn more about what Delta 8 is and what it isn’t, and its legal status over time.

What’s the difference between THC, Delta 9 THC, and Delta 8 THC?

THC- the Schedule 1 cannabinoid found in highest concentrations in the marijuana plant as you and I know it, is Delta 9 THC. Delta 9 THC is a psychoactive and intoxicating compound famous for “getting you high”. And when most people and products describe THC content and percentages, they are referring to Delta 9 THC. Delta 8 THC, or tetrahydrocannabinol, is another naturally occurring cannabinoids in the cannabis plant. It is similar to Delta 9 THC in its mood lifting, stress-relieving effects, but without the intense anxiety or paranoia that some consumers experience with Delta 9 THC. This is due to similar but fundamentally different molecular structures. 

Legalities of D8 THC

Perhaps the most common question we receive is about the legalities of D8 THC. Delta 8 THC was made legal by H.R. 2: The Agricultural Improvement Act of 2018, commonly referred to as the 2018 Farm Bill. The bill amended D8 THC’s legality when it made all derivatives, isomers and cannabinoids of hemp legal, so long as it contained less than .3% Delta 9 THC.

Prior to the passing of the 2018 bill, D8 THC- and other hemp derived cannabinoids, were classified as a controlled substance named in the Controlled Substances Act. H.R.2 specifically included text removing all confusion between laws amending the Controlled Substances Act excluding Delta 8 THC from hemp.

While D8 THC is federally legal, it still remains illegal in a few states that specifically exclude D8 THC and other hemp derived cannabinoids. 

States in which D8 THC is not legal include: Alaska, Arkansas, Colorado, Idaho, Iowa, Mississippi, Montana, Utah. Delta 8 is legal to sell in stores and online in all other states. Before consuming Delta 8 THC, consumers should always check with their own state’s laws. 

Delta 8 & the FDA

Presently, the FDA has yet to regulate all hemp derived products and their cannabinoids, although they are legal to product and distribute. This means that at any point, the FDA may create their own guidelines that are independent of both state and federal law. Because hemp products are currently sold in an unregulated market, buyers should check with local laws to better understand compliance. For the time-being, most can legally buy Delta 8 THC products where they are distributed. Always check the quality and purity of the products being purchased and request third party lab testing, as is offered on all Hi on Nature products. 

Will I Pass A Drug Test on Delta 8 THC?

Unfortunately not, as Delta 8 THC metabolites are too similar (the exact molecular structure) as the psycho-inducing Delta 9 THC. Thus triggering a positive test for THC marijuana.

Our tests were conducted by at home drug testing kits on our fellow employees who only used Delta 8 THC exclusively. We also sent one employee to the police station for an official drug report and all tested positive for THC in their systems.

Passing a drug test as an active user of Delta 8 THC is not unheard of however, in the same way that it’s not impossible to pass a drug test after consuming Delta 9 THC. We ourselves are not personally able to verify these reports as our own first hand data suggests otherwise.


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Products on this site contain a value of 0.3% or less Δ9THC (or no more than 0.3% Δ9THC).