What is Delta 8's legal status?

By Dharma D8   |   May 25, 2021

Delta 8 Status

At this point, it seems like just about everyone has heard a thing or two about delta-8-tetrahydrocannabinol (Delta 8 or D8 THC). But that doesn’t necessarily mean that you know what it is or, more importantly, if it’s even legal. It’s important that you know these things before you start using Delta 8. So, we at DharmaD8 wanted to go over these questions, along with a few others, to make sure that you really understand everything you need to know about D8 THC. So, let’s get started! If you're looking for specifics, check out this page to see if D8 is legal in your state.

What even is Delta 8?

It’s best to make sure that you fully understand what Delta 8 is. Not only is this just good to know in general, but it’ll also help you understand its legal status.

D8 THC is a chemical compound that is a member of a larger group called cannabinoids. These compounds are found exclusively in cannabis plants, like hemp. There is something quite remarkable about cannabinoids. They are able to interact with the Endocannabinoid System (ECS). This is a system of cellular receptors that are spread throughout the human body. These receptors help regulate certain reactions and functions. This way, cannabinoids, like Delta 8, are able to affect these functions.

There are over 100 of these cannabinoids, so as you can imagine, D8 THC is not likely to be the only one that you’ve heard of before. Another much more famous cannabinoid is delta-9-tetrahydrocannabinol. You’ve probably heard it referred to as just THC, but to help avoid confusion, we’re going to call it Delta 9 THC. Clearly, it has a very similar name to Delta 8. In fact, these two THC variants are almost the same, with just one small difference in how they are built. This difference is enough for them to be considered two different cannabinoids. It’s also enough to change how they behave.

If you think back to your high school chemistry class, you may remember that the structure of a chemical compound determines its function. The way that Delta 9 THC is built, it can bind with the ECS receptors (many other cannabinoids just interact without really binding), and this bond is very tight. This is what causes the psychoactive feeling of euphoria that is so often thought of in connection with cannabis. Because D8 THC is built only slightly differently, it behaves in only a slightly different way. Delta 8 can bind with the ECS receptors like Delta 9 THC, but it can’t hang on quite as tightly. This means that while D8 THC does cause a feeling of euphoria, this feeling is a bit different from Delta 9 THC’s. It is usually described as more bodily and not quite as intense. However, this tends to change from person to person, as everyone has their own experience with cannabinoids.

So, there you have it: the basics of what D8 THC and what it does. Now it’s time to cover what everyone is really curious about; whether or not Delta 8 is legal.

Is Delta 8 legal?

This is a completely understandable thing to be curious about. After all, Delta 9 THC doesn’t have the best legal reputation. So, how does that affect D8 THC?

As it turns out, Delta 8 doesn’t seem to be too affected by Delta 9 THC’s status. Back in 2018, the newest Farm Bill was passed. The Farm Bill is a law that controls all things agriculture. This, of course, includes what farmers can and cannot grow and sell. This bill is reviewed, revised, and repassed every five years or so to make sure it is fully up-to-date with the needs of the United States. The 2018 version of the bill officially federally legalized industrial hemp. But what does this mean for D8 THC?

As we mentioned before, Delta 8 is one of the many cannabinoids found in hemp. When hemp was federally legalized, so were almost all of the cannabinoids found in the plant (the one exception being Delta 9 THC). This may initially seem very cut and dry. But you may have noticed that we keep saying “federally legal” instead of just “legal.” This is because there is an important difference.

When something is federally legalized, it doesn’t mean that it is officially legal everywhere in the United States. It does mean that the states get to make their own choices about whether or not they want to legalize whatever it is that has been federally legalized. What this means when it comes to D8 THC and hemp is that each state has been able to make its own laws. Most have legalized hemp. Some have legalized hemp, but not Delta 8. So, just be careful and do your research to be sure that D8 THC is actually legal in your state. Overall, you should be at least 21 years or older to buy D8 THC products.

But this is a bit vague and doesn’t really explain which states have legalized Delta 8. So, to help you understand, here are the states that we here at DharmaD8 don’t ship to due to laws there: Alaska, Arizona, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. All of these states either have made D8 THC explicitly illegal or have wording in their laws that make it ambiguous enough that we think it’s best not to ship there.

Those are the main points to know about whether or not Delta 8 is legal. If you live in any state other than the ones listed above, it’s pretty likely that you can buy D8 THC legally. Of course, now that you know that, you may be wondering why someone would use Delta 8, other than having the feeling of euphoria?

What other effects could Delta 8 have?

While pretty much everyone is aware of the feeling of euphoria that D8 THC can provide, some people require more incentive to give it a try. So, we wanted to go over some of the other benefits that Delta 8 may be able to offer its users. But one thing to remember about what we’re going to talk about is that the research on D8 THC is still relatively new. So, we still don’t fully understand all there is to know about it. That being said, the research that has been done so far is pretty amazing. Let’s talk about some of these studies.


As anyone with asthma knows, it can be pretty rough to deal with. It can make breathing very difficult, sometimes almost impossible. Plus, you can’t always tell what will trigger it. Sometimes the smallest things, like a particular perfume, can cause an asthma attack. This is why people with asthma are always looking for ways to make things easier. There is a chance that Delta 8 could help with this. This study found that D8 THC could help increase bronchodilation, which is when the lungs expand, allowing for more air to flow through. This could mean that Delta 8 could help a lot of people with asthma live more comfortably.


We’ve all heard a story or two about someone who used too much THC (of any kind) and had themselves a bit of a freak-out. So, the idea that D8 THC could help with anxiety may not seem all that likely to you at first. We get it. But there is much more to this than you may initially think. As we discussed above, the ECS is responsible for helping your body control certain functions. One of these is how we process fear and anxiety. The fact on its own could be enough to suggest that Delta 8 could help with anxiety, but recent research has hinted that there is more to the story. This study has found that the ECS receptor called CB1 is especially responsible for dealing with anxiety. This is the ECS receptor that D8 THC interacts with the most. This means that there is a lot of potential for Delta 8 to help people with anxiety.


This is an idea that may not seem all that novel to you. After all, one of the biggest arguments in favor of legalizing cannabis across the board is that cannabinoids could help with the pain. So, why couldn’t D8 THC help? Well, it looks like it can! Studies, like this one, for example, have found that Delta 8 was able to help reduce pain and inflammation. This means that with the help of D8 THC, hemp could be a potential alternative to opioids when dealing with pain management.

These are the main effects, besides a feeling of euphoria, that you may experience when using Delta 8. But there is a chance that your experience with D8 THC may be a bit different. Everyone has slightly different body chemistry. As a result, the effects of cannabinoids like D8 THC are going to differ from person to person. These differences may be slight, or they may be pretty noticeable. It just depends. But there is a chance that you may experience one of the effects listed above, making Delta 8 not just fun, but also beneficial.

The qualities of a good Delta 8 company

So, now you know what D8 THC is, whether or not it’s legal in your state, and what effects you may experience while using it. The next thing to figure out is where to get it from. We can save you a lot of time right now because you can buy your Delta 8 right here from the DharmaD8 website. However, we also want to make sure that you know why we’re a great source for you to buy D8 THC. To do this, let’s go over what makes a good Delta 8 company.

To begin with, all D8 THC companies should have their products tested. These tests should look for a number of things, including the quality and quantity of the cannabinoids in the product. The results of these tests should be easy to find on their website. A good Delta 8 company has nothing to hide in their test. So, they put them out there for all to see. If a D8 THC manufacturer either makes their test results hard to find or doesn’t have them on their site at all, you should be looking for a different company to buy from. Here at DharmaD8, we have our test results on an easy-to-find lab reports page. It’s right there in our navigation bar, or you can check out the link here. We do this because we want you to feel good and confident about using our D8 THC products.

Another thing that can tip you off about whether or not a Delta 8 company is worth your time and money is pricing. D8 THC is a relatively new product. As a result, the prices have yet to really level out. It’s not uncommon to see sky-high and dirt-cheap prices for products that are very similar. But these prices aren’t always what they seem at first. There are many people who try to take advantage of the lack of knowledge surrounding Delta 8. They charge insane prices because they think that they can get away with it. This doesn’t mean that their product is better than that of others. On the other hand, some people charge pretty much nothing. This could either be a great deal or a sign that the quality of their product is lacking. It’s hard to say which one for sure. You’ll do best with a product that is priced somewhere in the middle, like here at DharmaD8.

So, as we talked about above, D8 THC is legal for the most part. There are some states that have yet to legalize D8 THC or hemp, but that may change. If you do live in a state where Delta 8 is legal and are at least 21 years or older, why not give some a try? We carry a wide range of D8 THC products for you to try, like Delta 8 CBDClick this link for information regarding D8's legality in each state. There’s something for everyone, so check out our shop page. If you have any questions, feel free to contact a member of our team through our contact page. We’re looking forward to hearing from you!


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