Is Delta 8 THC legal?

By Dharma D8   |   May 06, 2021

If there is one thing that always seems to have questions connected to it, it would be the legality of anything found in cannabis. It can be so confusing with so many developments around it over the last 5 years. Some states have legalized all forms of cannabis and its products. Some states have actively avoided legalizing anything like that. But then something happened in 2018 that seemed to add more confusion but also add more possibility. That year a new version of the Farm Bill was passed that federally legalized one kind of cannabis, hemp. But what does that mean? And what does it mean for the chemical compounds in hemp, like delta-8-tetrahydrocannabinol (Delta 8 THC or D8)? These are great questions, and we want to help you answer them. So, let’s talk about the legality of Delta 8 THC.

The legal status of Delta 8 THC

To start with, we need to talk about the 2018 Farm Bill. The Farm Bill is a federal law that helps regulate all things agricultural. It essentially helps define what farmers can and can’t grow and sell (among other things, but we want to focus on just this one aspect). Every five years, the United States Legislature has to go back through the bill and update where they see fit. 2018 was the last time the bill was updated. This version of the bill included a provision that essentially legalized industrial hemp and the majority of its cannabinoids.

Sounds pretty cut and dry, right? Unfortunately, it’s not quite as simple. “Federally legal” isn’t the same as being legal across the board in the United States. It just helps set a precedent on something for states to base their laws on. Since industrial hemp is federally legal, it could be legal in some states and not legal in others, which is precisely the case. Some states have made the hemp plant completely illegal, while others have just put restrictions on how it can be used (medicinal vs. recreational uses.)Some states are even so specific down to the cannabinoid itself. One of the cannabinoids that gets picked on from time to time is D8.

This means that Delta 8 THC and/or hemp, in general, could either be illegal or have some major restrictions on it. The states that tend to have these restrictions are Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Nevada, Rhode Island, and Utah. When you consider the fact that this is only 12 out of the 50 states, it’s still pretty encouraging (though, maybe not as encouraging if you live in one of the states listed). But these laws and restrictions change all the time, so it’s a good idea to stay up to date on your local laws regarding cannabis. You should also bear in mind that you do have to be 21 years old or older in most states to use any D8-based product.

So, is Delta 8 THC legal? Yes and no. Like with many different laws, things around hemp aren’t overly simple. That’s why if you’re interested in using D8, you should always familiarize yourself with local laws.

Delta 8 THC products that you can use

Now that you know whether or not Delta 8 THC is legal where you live, you’re probably now curious about what kinds of D8 products are out there for you to use. So, assuming that you live in one of the states where it is legal, let’s go over your options!

Tinctures and oils

If you’re looking for some flexibility in how you can take your product, then tinctures and oils are the way to go. They are a pretty simple product. Generally, these oils and tinctures consist of the Delta 8 THC extract and a carrier oil. There are a few different ways that you can use these. Most people take their D8 oil directly, by letting the drops fall directly into their mouth. Others use their oil in the cooking, making their own edibles.


Speaking of edibles, there are plenty of premade Delta 8 THC edibles that you can get your hands on. These are pretty popular, it’s not hard to see why. After all, who doesn’t love a good treat every now and then? And if that treat includes a little something else, well that’s even better! You can find D8 edibles in just about every shape and form, but they are most commonly found as gummies or baked goods, like brownies. The time it takes for the Delta 8 THC to kick in with edibles is a bit longer than it is with other compounds, but it’s worth the wait.


If you’re a traditionalist, this is a good way to go for your D8 fix. Smokables tend to include products like D8 joints and vape pens. However, you can also find hemp buds if you want to roll your joint yourself and vape cartridges if you have a reusable vape pen. No matter what way you take it, you’ll always have a good time with these. Smoking Delta 8 THC tends to start working much faster than any other way that you can take the compound. But the effects wear off kind of quickly, so you will have to keep taking hits.

Those are just a few examples of what kinds of D8 products you can find. Because it only became legal in the last few years, it’s likely that we’ll see more products popping up as time goes on. So, keep an eye out for anything new that might strike your fancy.

If it is legal in your state and you’re looking for a good place to buy some Delta 8 THC or Delta 8 CBD products, look no further! Here at DharmaD8, we have all kinds of D8 products for you to pick from. There is something for just about everyone (who is old enough to use it). So, why not check out our shop page and see what you can find?


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