If you’re looking for a situation with a massive gray area, look no further than the hemp industry. Delta-8 is creating all kinds of confusion for growers, manufacturers, and even consumers even as it makes it big on the market.
Is it legal?
Technically, it’s a compound derived from the hemp plant. Hemp is legal in the U.S.. Ergo, D8 is legal. Sounds simple enough, but D8 and THC are identical except for one single chemical bond. Users have noted they both produce similar effects, with the only difference being the ‘high’ you feel with THC. Delta-8 then becomes suspect.
The compound is also creating confusion based on how it’s made. While it does naturally exist in hemp plants, quantities are so small that to make a usable amount, it must get synthesized from isolate. This man-made process gives people pause. All other approved cannabinoids in hemp occur naturally within the plant.
For these reasons, the waters are muddy in many states when it comes to the legality of D8.
Do all states agree?
No! Sadly, we can’t get a simple answer across the board when it comes to D8. States are confused, and are acting independently to try and control this new compound we’re all still learning about. For that reason, there’s no consistency, and you’ll see some states where D8 is under consideration to be banned or is already not allowed on the market. You’ll find other states that are setting potency limits on products with Delta-8 as an ingredient. Then, you’ll see states that are still treating it the same way as CBD or CBG, making it readily available.
States currently banning Delta-8:
- Alaska
- Arkansas
- Arizona
- Colorado
- Delaware
- Idaho
- Iowa
- Mississippi
- Rhode Island
- Utah
A few states figuring it out on their own:
- Alabama
- Illinois
- Kentucky
- North Dakota
- Oregon
- Vermont
- Washington
Each of these states are trying to get legislation in place to help clarify their stance on Delta-8. Some have instituted temporary bans, others are calling the compound illegal, but aren’t clear on the consequences for making it. Again, there’s mass confusion.
What penalties are out there?
Without a federal classification for D8, the FDA and DEA could end up involved. This is especially true in states where marijuana isn’t legal or where you’re required to have a special permit to grow Delta-8.
This is all because it’s unclear whether Delta-8 belongs in the hemp category or should align with other controlled substances. Hopefully this gets settled soon, but until then, it’s best to understand where your particular state stands on the issue.
Alabama’s take
Operating as a processor out of Alabama, Arbor Vita8 ensures their processes and procedures adhere to local law. Currently the amendment on the floor to ban Delta-8 and Delta-10 as controlled substances got rejected. A second amendment to designate THC, of any kind, as a controlled substance within the state got tabled by the House Health Committee. Things are currently looking good for Alabama growers and manufacturers when it comes to D8.
If you’re ready to work with D8 in any capacity, Arbor Vita8 is your perfect partner. As a full-service processor and wholesaler, we provide only the best in service and product. Our expertise and experience in hemp means superior results for you. Contact us today to learn more.
