Delta 8 THC products in states where recreational cannabis is legal are likely to be easier to find than in states where cannabis has no accepted medicinal value. Delta-8 is legal in Tennessee and is not considered a controlled substance under Senate Bill 354, which legalized hemp and hemp-derived compounds. However, the legality of Delta-8 was called into question after Rep. William Lamberth introduced House Bill 1927 on Jan. 25, 2022, which sought to ban Delta-8 and all other hemp-derived products containing more than 0.3% THC, citing a lack of regulatory oversight and poor consumer safety. The mass exodus of delta-8-THC to the United States was met with some silence. This is not surprising, to be honest. U.S. states have been extremely secretive about their handling of the Delta-8 over the past month.
The rapid pace at which Delta-8 is currently banned doesn`t help either. Currently, 21 U.S. states have restricted or banned delta-8 THC, and four more states are currently reviewing its legal status. Delta-8 is completely legal in Missouri and does not classify it as a controlled substance after the passage of the House Bill 2034, which legalized hemp and hemp-derived compounds. This bill means that the use, possession, sale, distribution, purchase and production of hemp-derived delta-8 are legal under state law. Marijuana is illegal, but decriminalized when taken with 10 grams or less. Penalties for possession of marijuana or delta-8 derived from marijuana are punishable by a fine. However, it is still classified as a criminal offense. In this final rule, the DEA declared that all „synthetic tetrahydrocannabinols remain Schedule I controlled substances.“ Why is this important and how does it relate to delta-8? Well, for companies to have enough delta-8 THC in their products, it must be converted from cannabidiol (CBD) via a structural isomerization process carried out under laboratory conditions.
Despite the legal risks, companies like Organic Payment Gateways and Pay Diverse have claimed they could help websites OrganicPaymentGateways.com sell Delta-8 and Delta-10 on Shopify. There are no FDA-approved drugs that contain delta-8 THC. Any delta-8-THC product that claims to diagnose, cure, mitigate, treat or prevent disease is considered an unapproved new drug. The FDA has not evaluated whether these unapproved drugs are effective for uses specified by manufacturers, what an appropriate dose might be, how they might interact with FDA-approved drugs or other products, or whether they have dangerous side effects or other safety concerns. Effective October 11, 2021, Michigan will regulate, but not ban, delta-8 and delta-8 THC products. This comes after Michigan Gov. Gretchen Whitmer signed a set of eight separate bills, including HB. 4517 and HB. 4742, defining the term „THC“ and amending the definitions of „hemp“ and „marijuana“. Imagine you worked hard to build a Delta 8 company.
You are selling a high-quality, laboratory-tested product. You`ve created organic traffic to your website through hard work, smart marketing, and PR. After countless hours, you finally see the reward for your efforts – sales! The 9th District Court of Appeals ruled in a trademark dispute initiated by AK Futures, a manufacturer of vaping products and e-cigarettes. In its lawsuit, the company alleged that Los Angeles-based Boyd Street Distro sold counterfeit versions of AK`s delta-8-THC products. However, Boyd Street claimed that AK Futures` trademark infringement lawsuit was invalid because Delta-8 THC was illegal under federal law. Last week`s 9th Circuit decision upheld a lower court decision and an injunction against Boyd Street. The reason several U.S. states restrict or ban Delta-8 is the result of confusing, contradictory, and unclear federal policies. This confusion has pushed delta-8 into a legal gray area. Have delta-8 users consumed a potentially illegal substance? Did delta-8 producers produce a controlled substance? Did Delta 8 suppliers sell banned products? These questions had vague answers and the concerns were (and are) very real.
However, compared to Delta-9 THC, the effects are much milder and better suited for beginners who want to enjoy the euphoric effects without the side effects associated with Delta-9. Delta-8 THC can now be found in various types of products such as distillates, vaping cartridges, oils and flowers. If you`re looking for quality products, check out CBD Oracle`s picks for the best Delta 8 THC products available online. Delta-8 THC is considered legal at the federal level because it is extracted from the hemp plant instead of marijuana. Federal law „is silent regarding delta-8 THC,“ the court said in its 3-0 decision. Also, unlike synthetic cannabis like Spice or K2, which have long been banned, Delta-8 is not an inorganic artificial substance. Delta-8 is naturally derived from CBD and hemp. According to the plain language of the 2018 Farm Bill, it is legal as long as delta-8 comes from a plant containing less than 0.3% delta-9 THC. Delta-8 is not legal under Mississippi state law and is considered a prohibited controlled substance. The state`s House of Representatives Bill 1547 of 2019 legalized hemp and hemp-derived compounds and aligned its laws with the Federal Farm Bill.
However, the bill did not remove THC or any of its isomers from the list of controlled substances, including delta-8. The use, possession, sale, distribution, purchase and manufacture of delta-8 is not permitted. Marijuana and marijuana-derived delta-8 are also not allowed under state law. Possession of 30 grams or less of delta-8 marijuana is punishable by a fine of up to $200 (first-time offender). In a statement from the 9th District Court of Appeals cited by cannabis news site Marijuana Moment, the panel of judges wrote that products made with delta-8-THC are generally legal under federal law, which defines hemp as „any part“ of the cannabis plant, including „all derivatives, extracts [and] cannabinoids“ containing less than 0.3% by weight of delta-9-THC. In addition to violations related to FDA-regulated products containing delta-8-THC, several of the warning letters describe other violations of the FD&C Act, including marketing CBD products claiming to treat ailments in humans and animals, promoting CBD products as dietary supplements, and adding CBD to food and feed. CBD and delta-8 THC are food additives not approved for use in food or animal products, as the FDA is not aware of any basis to conclude that the substances are generally recognized as safe (GRAS) or otherwise exempt from food additive requirements.
