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Delta 8 Is Great… But Only in Certain States

Delta 8 is a cannabinoid that has gained popularity among cannabis consumers for offering many of the same benefits as Delta-9 but with slightly different effects. Its legality is a dynamic issue that varies from state to state. While the 2018 Farm Bill helped legalize Hemp across the nation, creating a legal loophole for products like Delta 8, it only limits Delta 9 THC to 0.3%, leaving out Delta 8 and other more exotic cannabinoids.

This article will dive into the legality of Delta 8 in different states, why it is legal in some states and not others, what states allow it, and which states have banned it. Additionally, it will discuss the ongoing regulation and restriction of Delta 8 and what the future may hold for this cannabinoid.

Why is Delta 8 Legal in Certain States?

The legality of Delta 8 is a complicated issue. One reason it’s legal in some states and not others is that Delta-8 is seen as a minor player in the cannabis market and does not potentially hurt cannabis sales and tax revenue like Delta-9 does. Additionally, Delta-8 is seen as less psychoactive than Delta-9, making it less likely to be abused.

On the other hand, some states have seen Big Cannabis lobby for the regulation and restriction of Delta 8 and its respective products. One reason cited is that the unregulated Delta 8 market is siphoning away money from the Delta 9 cannabis market, which correlates to less taxable revenue for the states where marijuana sales are taxed. Furthermore, there isn’t enough research on the safety of Delta 8 because there isn’t a standard for testing Delta 8 products. There is limited research on its long-term effects, and its psychoactive nature is another reason for regulation.

What States Allow Delta 8?

Delta-8 is currently legal in 32 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, Wyoming, and in Washington D.C.

In two other states, Connecticut and Michigan, Delta-8 is regulated the same way as recreational cannabis. In these states, it is legal to possess, sell and consume Delta-8 as long as the Delta-9 THC content does not exceed the legal limit. Furthermore, Delta-8’s legality is unclear in these three states: Arizona, California, and Mississippi. While Delta-8 is not explicitly banned in these states, it is not explicitly legal either.

What States Ban Delta 8?

So far, Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington have all made Delta-8 illegal. In these states, it is illegal to possess, sell, and consume Delta-8.

Moreover, several states are considering banning Delta 8, making it illegal to possess, sell, and consume. States like California, Colorado, Florida, Indiana, Kentucky, Hawaii, and Texas are currently looking at making Delta-8 illegal. These states want to protect their cannabis sales and tax revenue. In Kentucky, for example, an emergency bill has been introduced that would ban the production of any “intoxicating products” like Delta 8. The bill would also include Delta 10, THC-O, THC-P, and Hexahydrocannabinol.

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Riccardo Stella Verified
THCa Diamond Sauce
These diamonds are top notch, and the terps help them be way more pleasantly dabbable.
On July 17, 2024
THCa Diamond Sauce
Riccardo Stella Verified
HHC Distillate
Okay, look, it does taste really bad alone lol; but it's good stuff, and even off sale it's extremely cheap per gram. The value is there. The best way to get rid of the flavor seems to be to melt the distillate directly in hot butter and then use that butter to bake something yummy like a pumpkin bread. Making gummies with this distillate still doesn't get rid of the weird flavor, but it's at least tolerable to a point. Or maybe I'm just making really strong gummies so the HHC flavor still comes through. Dabbing this stuff directly tastes so bad, it is kind of nauseating tbh, especially if you have to use it in large quantities due to high tolerance. I'm going to have to find some kind of a terp/noid flavor mix for this that I like. As far as effects go, I think HHC is significantly better and stronger than d8, and it's somehow more rounded by itself than THCa is alone, if that makes sense?--Especially when taken as edibles. Oftentimes single cannabinoids have a sharp, one dimensional feel to them but HHC seems to be more rounded out in its experience by itself. There are even some mild visual effects that are too difficult for me to describe. The edibles will make you sleep a LONG time once they make you fall asleep.
On July 17, 2024
HHC Distillate
Riccardo Stella Verified
Delta 9 THCp Distillate
Really impressed with this one. I have a high tolerance so this is a nice topper to add to sauced thca diamonds. When taken alone, it has that sharp, one-dimensional cannabinoid feel to it that others have described; but as part of a mix, it's really well rounded out and strong. The couch lock can be real. You may even experience some visuals. Causes tolerance nearly immediately, though-- Might be better as a rare treat rather than a daily driver. But you'll probably want it all the time lol. Some of this distillate started to turn magenta/pink over the course of a month. Tastes really pure, and isn't gross to dab directly or put in a ceramic vape even without terps. Will be buying more.
On July 17, 2024
Delta 9 THCp Distillate
Andrew Rieder Verified
THCa Badder
Fire!!! Great for adding terps in also!!
On July 10, 2024
THCa Badder
Danielle Davis Verified
Delta 9 THCv Isolate
I love thcv! This stuff is great for anxiety
On July 10, 2024
Delta 9 THCv Isolate
Drew Tesch Verified
Cannabis Derived Terpenes
Smell great! Looking forward to making blends with them.
On July 9, 2024
Cannabis Derived Terpenes
Drew Tesch Verified
HHC Distillate
Great quality HHC
On July 9, 2024
HHC Distillate
Drew Tesch Verified
Chem Dawg HHC Distillate
Great chemdawg distillate
On July 9, 2024
Chem Dawg HHC Distillate
Drew Tesch Verified
HHCp Distillate
Very effective, therapeutic.
On July 9, 2024
HHCp Distillate
Drew Tesch Verified
CDT Infused HHC Distillate
Great distillate infused with nice terpenes!
On July 9, 2024
CDT Infused HHC Distillate
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