Legality

Medically Reviewed By:

Nidra Sidhu, M.D. Integrative Medicine

Delta 8 Ban? Where You Can Still Get Delta 8 THC

You may have heard how awesome this newly popular phytocannabinoid is, and you’re wondering if delta 8 is legal in your state. Is there a delta 8 ban?

Why the uproar about these innocuous plant compounds? It would be great if the laws surrounding hemp-derived products were easier to understand, but that isn’t the case.

While delta 8 is legal on a federal level, states are left with the option to decide how to interpret those laws — hence why every state has its own variation on the delta 8 legalities.

In today’s article about a delta 8 ban, we will answer some questions for you. 

• What is the delta 8 legality in your state? 
• Are delta 8 gummies legal? 
• Is there a delta 8 shipping ban in some states? 
• Why was hemp banned in the U.S. initially?
• When was hemp banned in the U.S.?

Hemp has a rocky history in the United States, but as laws have changed throughout the years, so does the acceptance that hemp-derived products are here to stay. In this next section, we’ll talk about the rise of delta 8.

The Rise Of Delta 8 - What Is It?

What is delta 8? The hemp plant contains over 100 different phytocannabinoids and other hemp derivatives like cannabis plants. The body also produces naturally occurring cannabinoids that interact with the cannabinoid receptors that interact with the body’s endocannabinoid system.

Delta 8 has quickly risen to popularity because of its ability to get you high like a delta 9 from cannabis plants does but without the debilitating side effects.

Delta 8 edibles are also able to be shipped to most states unlike delta 9 THC from cannabis plants.

Hemp hemp, hooray! 

Despite delta 8 and delta 9 (the type of THC that the laws are created around) sharing some similarities, they aren’t actually the same.

They are both a type of tetrahydrocannabinol, and they both can get you high, but delta 8 THC is created in a different way than delta 9, and its high is smoother, more prolonged, and won’t leave you glued to the couch.

Delta 8 THC may also help customers concerned with failing a drug test as it likely won't be considered the same as delta 9 THC by the Drug Enforcement Administration.

To learn more about how long delta 8 stays in your system click here.

Delta 8 THC is a hemp-derived compound formed through a complex process called oxidation, which means its effectiveness won’t be altered when it comes into contact with air. Of course, there is much more to the process than this. Delta 8 differs from delta 9 because of the location of the double carbon bonds in both, and this is what makes the difference.

But some states don’t see it that way. Let’s figure out why some states are up in arms about delta 8 THC, some calling it a synthetic phytocannabinoid when it’s clearly not.

Delta 8 THC Ban - What Does It Mean?

Let’s delve into the weeds here. What is a delta 8 THC ban? Are delta 8 THC gummies legal if they can’t be shipped to certain states? We want to help break it down for you because most states aren’t going to be helpful in their terminology about delta 8 THC legality, as you can see in this article: Is delta 8 legal in NC?

Is there a delta 8 THC ban? That seems like harsh language, an outright ban. But it’s true. Some states are confusing, like Texas, where certain “higher-ups” will say that delta 8 THC is illegal.

In contrast, the laws say that it is illegal as long as it falls below the federally legal 0.3% delta 9 tetrahydrocannabinol.

Delta 8 THC Legality

Is delta 8 THC legal according to federal law? The main issue with many states is the term “derivative” in the 2018 Farm Bill. We’ll talk about the Farm Bill further down in this article.

The 2018 legal status of hemp clearly states that delta 8 is legal when it’s extracted from the hemp plant.

Unfortunately, this doesn’t resolve the issue states have with delta 8 because most delta 8 THC isn’t derived directly from the plant because delta 8 THC doesn’t occur in large amounts naturally.

Similar to the indica vs sativa debate, this is where the complex oxidation process comes in. Delta 8 THC is often converted from delta 9 or cannabidiol to create the hemp extract.

Many states still view this as a derivative of hemp, while others claim this type of conversion makes the delta 8 “synthetic.”

We know this can sound complicated, and it all boils down to politics and misalignments in the values and language of the people making up the rules. For now, is delta 8 THC banned in the U.S.? No, it’s not.

States Without A Delta 8 Shipping Ban

Delta 8 THC legality is tricky business, and it’s always a good idea to consult with an attorney for legal advice in your state.

If you want to learn more about the different laws and attitudes towards delta 8 in your state, check out the article: Is Delta 8 Legal. You’ll find a state-by-state list with current information about laws in that state.

Currently, there are only a handful of states where there is a delta 8 ban.

States You Can't Ship Delta 8 To

Those include Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah, and Vermont — we feel for you citizens of these states.

Beyond those states, you can buy delta 8 online and have it delivered to your doorstep.

If you do live in those states listed above, there will be a delta 8 shipping ban that prevents you from receiving premium delta 8 because of the delta 8 legality in that state.

Why Was Hemp Banned - Then And Now

You may be wondering, why was hemp banned in the U.S. in the first place? Hemp plants were banned initially as a political and racist move by then Commissioner of the Federal Bureau of Narcotics, Harry Anslinger.

Anslinger helped push through the Marihuana Tax Act, which effectively prohibited hemp in 1937. This was part of of his role against the “war on drugs,” and he used anti-hemp and anti-immigrant propaganda to raise public fears against both.

It wasn’t until decades later that hemp would come back into the light, at least the legal light. Hemp history is still in the making, which means every one of us reading this has a role to play in the legalization and education surrounding this powerful plant. 

Fast forward to now, and we’re a long way away from the laws of 1937 in some ways and not at all in others.

Prohibition of this plant is very much alive and thriving for many states and politicians, which trickles down to prohibition and harsh penalties for humans consuming the plant for various reasons.

Currently, delta 8 is an unknown entity for many.

Are There Supportive States?

Some states are supportive, viewing it as the 2018 cannabis laws do, as a derivative of the hemp plant, and therefore legal as long as it contains less than 0.3% delta 9 tetrahydrocannabinol on a dry weight basis. This means that hemp products are legal unlike recreational cannabis and other cannabis products - though things may be changing.

But other states are finding loopholes and ways to restrict its use. And then other states have instated a delta 8 ban because they believe more regulation needs to exist to keep products sold on the market safe and consistent.

The 2018 Farm Bill and its impact.

The 2018 Farm Bill has a significant impact on delta 8 legalities effectively overruling the controlled substances act. The bill makes up the rules that all of these states are trying to interpret or bend to their will.

The 2018 Farm Bill is the reason that hemp is legal on a federal level, unlike cannabis products and other controlled substances. Some of the “wins” of the 2018 Farm Bill are:

• The removal of hemp from the Controlled Substance Act.
• Allowing the transfer of hemp-derived products across state lines. 
• Allowing broader hemp cultivation. 

Are delta 8 gummies legal? Yes, they are! Thanks to the 2018 Farm Bill, compliant delta 8 gummies can be shipped across most state lines, except those with a delta 8 ban.

The Takeaway - Delta 8 Ban?

If you were wondering, are delta 8 gummies legal, and is there a delta 8 ban like that for recreational marijuana, we hope we’ve answered these questions for you. You can find a state-by-state guide about delta 8 legality here.

It’s up to the individual to determine if there is a delta 8 shipping ban in their state. For the most part, superior delta 8 from industrial hemp is easy and legal to obtain as long as you do your research.

Legal Disclaimer: You should still consult an attorney for the best legal advice regarding Delta 8 in your state, as the material shared here is for informational purposes only.

Clayton McCall

Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.