Is Delta-8 Hemp THC Legal?

Delta-8 hemp THC is a very similar compound to the Delta-9 THC, the most common THC found in cannabis products today. It produces similar effects and can be smoked or consumed the same way other THC products can. It’s not at all synthetic, and can be found right in the cannabis Sativa plant-like Delta-9. But there is one feature that sets Delta-8 hemp apart—it’s legal. If it’s so close to Delta-9, which is prohibited under federal law, why is Delta-8 legal?

Delta-8 hemp THC is defined as industrial hemp under federal law, whereas any product containing more than 0.03% of Delta-9 is considered a schedule 1 drug. Interestingly, no other naturally occurring compounds in the cannabis plant were specified. Because of this, Delta-8 hemp can be purchased and consumed legally in most states without a medical card.

However, in some states where marijuana is illegal, delta 8 can still be considered illegal. Make sure to check with state laws concerning delta-8 hemp.

With all this being said, Delta-8 hemp THC will most likely show up on a drug test. Most drug tests check for the presence of THC and have not been designed to differentiate between cannabinoids. Ultra High-Performance Liquid Chromatography (HPLC) is sometimes employed in testing labs and should be able to accurately differentiate between the two, but there’s no way of knowing the methods of testing beforehand. So, if a positive drug test would jeopardize your career, we recommend avoiding Delta-8 hemp THC as well, just to be safe.

It’s just as easy (if not easier) to extract Delta-8 hemp THC from marijuana with 0.3% or higher Delta-9 THC, but to make doubly sure there’s no trace of Delta-9, our products are all derived from industrial hemp.

While Delta-8 hemp is technically legal under federal law, it should still be treated like an intoxicating substance. Don’t drive after consuming, don’t sell to anyone under 18 years old, and just be safe!

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