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Is Delta-8 THC Legal?

Is Delta-8 CBD Legal

Delta-8 THC might just be legal where you live… if you live in the United States.

D8 (delta-8-tetrahydrocannabinol) is a minor cannabinoid found in hemp and cannabis plants, which is chemically similar to the well-known delta-9 THC (“regular THC” but with milder psychoactive effects. Delta-8 THC has been gaining popularity in recent years, as it offers a more moderate and relaxed high than traditional cannabis joints. 

Thanks to the 2018 U.S. Farm Bill, hemp and hemp products became legal so long as they contained no more than 0.3% Delta-9 THC. All of our products are federally compliant by the standards of the Farm Bill. This includes CBD and our new Delta-9 gummies.

But What About Delta-8?

The main reason there has been any controversy around Delta-8 is because it is psychoactive (unlike CBD.) Here’s what the FDA said about D8:

Delta-8 THC has psychoactive and intoxicating effects, similar to delta-9 THC (i.e., the component responsible for the “high” people may experience from using cannabis).

Some states have either banned or restricted the sale and/or manufacturing of Delta-8. But a recent federal court ruled that Delta-8 falls within the 2018 Farm Bill and is federally legal.

Here’s The National Law Review’s summary of the ruling:

On May 19, 2022, the Ninth Circuit Court of Appeals issued an unexpected ruling that hemp-derived delta-8 THC falls within the definition of “hemp” under the 2018 Farm Bill. The Court’s decision in AK Futures LLC v. Boyd St. Distro, LLC, No. 21-56133, 2022 U.S. App. LEXIS 13526, affirmed a preliminary injunction granted by the district court in favor of the appellant, finding that its Cake-branded delta-8 THC vape products are legal under the 2018 Farm Bill, and that the appellant is therefore entitled to “traditional” federal protections that include trademark protection under the federal Lanham Act. 

The ruling went on to state: “Delta-8 THC products are lawful under the plain text of the Farm Act.”

Read The Ninth Circuit Court Ruling here

Is Delta-8 THC legal in Texas?

Texas lawmakers don’t seem to love cannabis. Marijuana is not legal and hemp has only been legal there since 2019. Delta-8 isn’t so black and white. The Texas Tribune explains:

Delta-8 remains legal in Texas as an ongoing lawsuit against DSHS determines whether the agency can outlaw delta-8. A district court judge ruled DSHS didn’t follow Texas’ rule-making requirements when it listed delta-8 as an illegal drug and therefore can’t enforce the order making the drug illegal.

– CBD, hemp, delta-8, medical marijuana: Here’s what you need to know about Texas’ pot laws

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Is Delta-8 THC legal in my state?

Maybe? Maybe not? Maybe it will be different tomorrow?

Cannabinoid legality at the state and local level is constantly changing so please check your local laws before making a purchase.

Do you sell Delta-8 THC?

Yes we do. We have three different strains of Delta-8 pre-rolls available now:

New: We now offer Extra Strength 1,000mg Delta-8 Gummies in a variety of flavors. Check those out here.

Variety of Delta-8 THC Pre-Rolls

What is Delta-8 or Delta-8 THC?

Delta-8 THC, or delta-8-tetrahydrocannabinol, is a naturally occurring cannabinoid found in small quantities in both marijuana and hemp plants. It is a close chemical relative of Delta-9 THC, with only a slight difference in their molecular structure. This subtle difference, however, has a significant impact on the way Delta-8 THC interacts with the body’s endocannabinoid system, resulting in a milder psychoactive effect when compared to Delta-9 THC. Delta-8 THC is often praised for providing a more mild level of psychoactivity, with some users reporting increased focus, relaxation, and general relief without the intense and sometimes overwhelming effects of Delta-9 THC. 

Related: All About Delta-8 THC

Does Delta-8 get you high?

Yes. Delta-8 is different from CBD in that it makes people feel high. You won’t get as high on D8 as you would on Delta 9, but you’ll definitely feel it.

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How strong is Delta-8? 

Strength depends on things like how much you consume and your tolerance. For moderate or experienced marijuana smokers, Delta-8 will feel much weaker than regular THC.

What is a Delta-8 pre-roll?

A delta 8 pre-roll is a hemp joint that has already been rolled and has a lot of delta 8 THC in it. Most of the time, the D8 in delta 8 pre-rolls is made from another cannabinoid and then sprayed on hemp with CBD or CBG. 

How Delta-8 is ‘made’

The extraction of Delta-8 THC from cannabis plants is a critical step in the production products like gummies. Various methods are employed to extract these cannabinoids, each with its advantages and drawbacks. Some common extraction techniques include: 

  • Solvent-based extraction: This method uses solvents like butane, propane, or ethanol to dissolve the cannabinoids from the plant material. The resulting solution is then filtered and purged of the solvent, leaving behind a concentrated cannabinoid extract. 
  • CO2 extraction: This technique utilizes supercritical CO2 to extract the cannabinoids from the plant material. The CO2 is forced through the cannabis at high pressure and low temperatures, effectively separating the cannabinoids without the use of harsh chemicals. The result is a pure, high-quality extract. 
  • Distillation: After initial extraction, cannabinoids can be further refined and purified through short-path or fractional distillation. This process separates the cannabinoids from other plant compounds based on their boiling points, yielding a highly concentrated, purified product. 

The production processes for marijuana and hemp-derived Delta-9 THC are similar, as both involve extraction and refinement of the desired cannabinoid. The primary difference lies in the source plant material and the concentrations of THC present. Marijuana-derived Delta-9 THC is typically obtained from high-THC cannabis strains, while hemp-derived Delta-9 THC is extracted from industrial hemp plants with THC concentrations below 0.3%. The lower concentration of THC in hemp requires a more extensive refinement process to isolate and concentrate the desired cannabinoid.

Shop Extra Strength Delta-8 Gummies

Does Delta-8 have any side effects?

Many Delta-8 consumers report that its side effects may be similar to marijuana– dry mouth, red eyes, paranoia… the normal mix of THC side effects. However, like the highs, the lows are said to be milder and less potent. Beyond that, Delta-8 as an isolated cannabinoid is pretty new. There needs to be more long-term research on it and its effects on the mind and body.

Related: Is Delta-9 THC Legal?

How do I know what’s in Delta-8 products?

All of our products (Delta-8 and otherwise) are tested for strength, safety, and purity by an independent laboratory. Third-party facilities use industry-standard testing. You can read the results for every batch here.

Further Reading: 5 Things To Know About Delta-8 THC – FDA

Is Delta-8 the same as CBD? 

No. CBD is a cannabinoid that doesn’t get you high and has mildly relaxing effects, while Delta-8 is basically the same thing as “regular” THC. CBD is not psychoactive.


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