What is Delta-8 THC?

Delta-8 THC (Δ8 THC, delta-8-tetrahydrocannabinol) is an isomer of CBD and another cannabinoid found in hemp and hemp extracts. While Delta-8 THC and Delta-9 THC have similar names, they are distinctly different compounds with distinctly different characteristics. Delta-8 has a lower psychotropic potency than its close cousin delta-9 THC. Currently, based on the H.R. 2: The Agricultural Improvement Act of 2018, hemp-derived delta 8 is federally legal. However, due to Delta-8 THC either being illegal or not explicitly legal according to the following state laws, this product does not ship to the following states: Alaska, Arizona, Arkansas, Delaware, Idaho, Iowa, Mississippi, Montana, Nebraska, Nevada, Utah.

Delta-8 THC Effects

Despite its name, it does not have the same kind of intoxicating effects as Delta 9 THC. While it can alter and elevate your mood, it is far less intoxicating and much more functional than Delta 9 THC. It can give a moderate “buzz” but without the same levels of intoxication, anxieties, or paranoia typically associated with Delta 9 THC.

  • Clear head
  • Calm, Focus
  • Happy, Motivated
  • Anti-nausea

Delta-8 and Drug Test

With Delta 8 THC having minimal drug testing research, it is not clear if a consumer taking these products would fail or pass a drug test, but because it is so closely related to Δ9 THC it is possible it can show up positively on a drug test. It is advised that the use of any products that contain THC content should be used at your own discretion.

Is Delta-8 Legal?

Our Delta-8 THC is legal according to federal law and many state laws. Our Delta-8 THC extract 100% derived from legal hemp and does not contain more than 0.3% Delta-9 THC. However, we do not guarantee that this product is legal in your state or territory and it is up to you to determine that. We retains the right to not ship to any states or territories where local laws conflict with H.R. 2: The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill. DENEX is not responsible for knowing whether this product is legal in your state or territory and you assume full responsibility for all parts pertaining to your purchase.

Note that the information contained on this page and website is for informational purposes only. It is not legal advice. While we try to stay as up to date as possible on all state and federal laws, the laws, especially at the state level, are constantly changing. You should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

Delta-8 Legality by States

Alabama

Is Delta 8 THC legal in Alabama?

YES

Delta 8 THC is legal according to Alabama state law. Like federal law, Alabama specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Alabama Code 2-8-381

Relating to hemp; to amend Sections 2-8-381, 2-8-383, 20-2-2, Code of Alabama 1975, and 20-2-23 as last amended by Act 2018-552, 2018 Regular Session, Code of Alabama 1975; to require the Department of Agriculture and Industries, in consultation with the Governor and Attorney General, to develop a plan for monitoring and regulating the production of hemp, and submit the plan to the federal Secretary of Agriculture; to exclude from Schedule I controlled substances classified as tetrahydrocannabinols (THCs) derived from hemp; and to revise definitions.

Ҥ2-8-381.

“(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and for cultivation if the seeds originate from industrial hemp varieties.

“(4) INDUSTRIAL HEMP or HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (l4) of Section 20-2-2.

Ҥ20-2-2.

“(14) MARIJUANA. All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. Such term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include hemp as defined in Section 2-8-381.

Ҥ20-2-23.

“(b) The controlled substances listed in this section are included in Schedule I:

(3) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

“q. Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp, as defined in Section 2-8-381.

Legal text found HERE

Alaska

Is Delta 8 THC legal in Alaska?

NO

Delta 8 THC is not legal according to Alaska state law.

HOUSE CS FOR CS FOR SENATE BILL NO. 6.

Relating to the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of “marijuana”; providing that cannabidiol oil is not included in the definition of “hashish oil”; clarifying that adding industrial hemp to food does not create an adulterated food product; and providing for an effective date.

Sec. 5. AS 03.05.100 is amended by adding a new paragraph to read:

(5) “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9 tetrahydrocannabinol.

Sec. 7. AS 11.71.900 is amended to read:

(14) “marijuana” means the seeds, and leaves, buds, and flowers of theplant (genus) Cannabis, whether growing or not; it does not include the resin or oilextracted from any part of the plants, or any compound, manufacture, salt, derivative,mixture, or preparation from the resin or oil, including hashish, hashish oil, and naturalor synthetic tetrahydrocannabinol; it does not include the stalks of the plant, fiberproduced from the stalks, oil or cake made from the seeds of the plant, any othercompound, manufacture, salt, derivative, mixture, or preparation of the stalks, fiber,oil or cake, or the sterilized seed of the plant which is incapable of germination; it does not include industrial hemp as defined in AS 03.05.100;

Legal document found HERE

Article 1. Offenses Relating to Controlled Substances. Chapter 71. Controlled Substances.

Sec. 11.71.160. Schedule IIIA:

(f) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation:

  1. hashish
  2. hash oil or hashish oil;
  3. tetrahydrocannabinols;

Legal document found HERE

Arizona

Is Delta 8 THC legal in Arizona?

NO

Delta 8 THC is not legal according to Arizona state law.

Title 3 AGRICULTURE. Ch. 2, Art. 4.1 Industrial Hemp

3-311. Definitions

5. “Hemp products” means all products made from industrial hemp, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics and by-products derived from sterile hemp seed or hemp seed oil. Hemp products excludes any product made to be ingested except food made from sterile hemp seed or hemp seed oil.

7. “Industrial hemp” means the plant cannabis sativa L. and any part of such a plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry-weight basis.

Legal document found HERE

ARTICLE 10. INDUSTRIAL HEMP

R3-4-1001. Definitions

In addition to the definitions provided in A.R.S. §§ 3-201, 3-311, and A.A.C. R3-4-101, the following terms apply to this article.

“Hemp” has the same meaning as industrial hemp.

“THC” means Tetrahydrocannabinol

“Total Delta-9 THC concentration” means the total calculable amount of the chemical compound, Delta-9 THC.

Definition found HERE

Title 36 – Public Health and Safety

36-2501. Definitions

A. In this chapter, unless the context otherwise requires:

2. “Cannabis” means the following substances under whatever names they may be designated:

(a) Marijuana.

(b) All parts of any plant of the genus cannabis, whether growing or not, its seeds, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of such plant which is incapable of germination.

(c) Every compound, manufacture, salt, derivative, mixture or preparation of such resin, tetrahydrocannabinol (T.H.C.), or of such plants from which the resin has not been extracted.

Legal document found HERE

36-2512. Substances in schedule I

A. The following controlled substances, unless specifically excepted, are included in schedule I:

3. Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for the purposes of this paragraph, “isomer” includes the optical, position and geometric isomers):

(w) Cannabis, except the synthetic isomer of delta-9-tetrahydrocannabinol.

Legal document found HERE

Arkansas

Is Delta 8 THC legal in Arkansas?

NO

Delta 8 THC is not legal according to Arkansas state law.

Arkansas Industrial Hemp Act 2-15-401

SECTION 1. DEFINITIONS

(5) “Cannabis” means all parts of the cannabis plant, whether growing or not, including its seeds, resin, compounds, salts, derivatives, and extracts. Cannabis does not include publicly marketable hemp products, as defined in this regulation.

(6) “CBD” means cannabidiol.

(9) “Delta-9-THC” means delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of cannabis).

(13) “Industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of such plant cultivated or possessed by a licensed grower, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. (Adopted by federal law in the Controlled Substances Act, 21 U.S. C. & 801 et seq. “Industrial hemp” has the same meaning as in 7 U.S.C. sec. 5940 as it currently exists or as it may be subsequently amended;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(23) “Phytocannabinoids” are cannabinoids that occur naturally in the cannabis plant. The classical cannabinoids are formed through decarboxylation of their respective 2-carboxylic acids (2-COOH), a process which is catalyzed by heat, light or alkaline conditions.

Legal document found HERE

HOUSE BILL 1415. Act 329. ARKANSAS DEPARTMENT OF HEALTH – LIST OF CONTROLLED SUBSTANCES

SECTION 1. Arkansas Code § 5-64-215 is amended to read as follows: 23 5-64-215. Substances in Schedule VI.

(a) In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214, any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:

(1) Marijuana;

(2) Tetrahydrocannabinols;

(3) A synthetic equivalent of:

(A) The substance contained in the Cannabis plant; or

(B) The substance contained in the resinous extractives of
the genus Cannabis;

(5) Synthetic substances, derivatives, or their isomers in the chemical structural classes described below in subdivisions (a)(5)(A)-(J) of this section and also specific unclassified substances in subdivision (a)(5)(K) of this section. Compounds of the structures described in this subdivision (a)(5), regardless of numerical designation of atomic positions, are included in this subdivision (a)(5). The synthetic substances, derivatives, or their isomers included in this subdivision (a)(5) are:

(A)(i) Tetrahydrocannabinols, including without limitation the following:

(a) Delta-1 cis or trans tetrahydrocannabinol, and its optical isomers;

(b) Delta-6 cis or trans tetrahydrocannabinol, and its optical isomers; and

(c) Delta-3.4 cis or trans tetrahydrocannabinol, and its optical isomers.

Legal document found HERE

California

Is Delta 8 THC legal in California?

YES

Delta 8 THC is legal according to California state law. Like federal law, California specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

California Industrial Hemp Law Division 24, Title 3, Division 4, Chapter 8

81000. Definitions.

(a) For purposes of this division, the following terms have the following meanings:

(6) “Industrial hemp” or “Hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

(9) “THC” means delta-9 tetrahydrocannabinol.

Legal document found HERE

CHAPTER 1. General Provisions and Definitions [11000 – 11033]

11018. “Cannabis” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include either of the following:
(a) Industrial hemp, as defined in Section 11018.5.
(b) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.
(Amended by Stats. 2017, Ch. 27, Sec. 115. (SB 94) Effective June 27, 2017. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)

11018.5. (a) “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.

(b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
(Amended by Stats. 2018, Ch. 986, Sec. 8. (SB 1409) Effective January 1, 2019. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)

Legal document HERE

CHAPTER 2. Standards and Schedules [11053 – 11058]

11054. (a) The controlled substances listed in this section are included in Schedule I.

(d) Hallucinogenic substances.

(20) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

Legal document HERE

Colorado

Is Delta 8 THC legal in Colorado?

NO

Delta 8 THC is not legal according to Colorado state law.

NOTE: The Colorado Department of Agriculture Industrial Hemp Program will continue to operate as is, under the 2014 Farm Bill, until the USDA approved state plan is adopted November 1, 2020.

SENATE BILL 14-184

35-61-101. Definitions.

(5) “Delta-9 tetrahydrocannabinols” has the same meaning as “tetrahydrocannabinols” as set forth in section 27-80-203 (24), C.R.S.

Colorado Revised Statutes Title 27. Behavioral Health

Section 27-80-203

(24), C.R.S(24) (a) “Tetrahydrocannabinols” means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:

(I) ¹cis or trans tetrahydrocannabinol, and their optical isomers;
(II) 6 cis or trans tetrahydrocannabinol, and their optical isomers;
(III) 3,4 cis or trans tetrahydrocannabinol, and their optical isomers.

(b) Since the nomenclature of the substances listed in paragraph (a) of this subsection

Definition found HERE

(7) “Industrial hemp” means a plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent on a dry weight basis.

Legal document found HERE

TITLE 18 Criminal Code. ARTICLE 18. Uniform Controlled Substances Act of 2013. PART 1

18-18-102. Definitions.

(18) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, or sterilized seed of the plant which is incapable of germination if these items exist apart from anyUniform Controlled Substances Act 6 of 53 2016 other item defined as “marijuana” in this subsection (18). “Marijuana” does not include marijuana concentrate as defined in subsection (19) of this section.

(35) (a) “Tetrahydrocannabinols” means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, cannabis, sp., or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:

(I) ¹Cis or trans tetrahydrocannabinol, and their optical isomers;

(II) 6Cis or trans tetrahydrocannabinol, and their optical isomers;

(III) 3,4Cis or trans tetrahydrocannabinol, and their optical isomers.

Legal document found HERE

Connecticut

Is Delta 8 THC legal in Connecticut?

YES

Delta 8 THC is legal according to Connecticut state law. Like federal law, Connecticut specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Substitute Senate Bill No. 893

Public Act No. 19-3: Section 1.

(7) “Federal act” means the United States Agricultural Marketing Act of 1946, 7 USC 1621 et seq., as amended from time to time;

(11) “Hemp” has the same meaning as provided in the federal act;

TITLE II ‘‘Agricultural Marketing Act of 1946’ Subtitle G—Hemp Production

SEC. 297A. ø7 U.S.C. 1639o DEFINITIONS.

(1) HEMP.—The term ‘‘hemp’’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(12) “Hemp products” means products with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis derived from, or made by, the processing of hemp plants or hemp plant parts;

Legal document found HERE

TITLE 21a. CHAPTER 420b – DEPENDENCY-PRODUCING DRUGS.

PART I – GENERAL PROVISIONS. Sec. 21a-240. Definitions.

(29) “Marijuana” means all parts of any plant, or species of the genus cannabis or any infraspecific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Marijuana does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such plant which is incapable of germination, or industrial hemp, as defined in 7 USC 5940, as amended from time to time. Included are cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show alike potential for abuse, which are controlled substances under this chapter unless modified;

7 U.S. Code § 5940. Legitimacy of industrial hemp research

(2) Industrial hemp – The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

Delaware

Is Delta 8 THC legal in Delaware?

NO

Delta 8 THC is not legal according to Delaware state law.

2019 Delaware Hemp Research Pilot Program

Hemp is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.

Title 7 – AGRICULTURE. CHAPTER 88 – RESEARCH. SUBCHAPTER VII – MISCELLANEOUS RESEARCH PROVISIONS

Sec. 5940 – Legitimacy of industrial hemp research (b) Definitions

(2) “Industrial hemp” The term ‘‘industrial hemp’’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

TITLE 16. CHAPTER 47. Uniform Controlled Substances Act

§ 4701 Definitions [January 1, 2020].

(28) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include products approved by the US Food and Drug Administration.

§ 4714 Schedule I.

(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration;

Legal document found HERE

Florida

Is Delta 8 THC legal in Florida?

YES

Delta 8 THC is legal according to Florida state law. Like federal law, Florida specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Senate Bill 1020. 581.217 State Hemp Program

(2) LEGISLATIVE FINDINGS.-The Legislature finds that:

(a) Hemp is an agricultural commodity.

(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.

(3) DEFINITIONS.—As used in this section, the term:

(d) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

(e) “Hemp extract” means a substance or compound intended for ingestion that is derived from or contains hemp and that does not contain other controlled substances.

Section 2. Subsection (3) of section 893.02, Florida Statutes, is amended to read:

893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include “marijuana,” as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986. The term does not include hemp as defined in s. 581.217 or industrial hemp as defined in s. 1004.4473.

Legal document found HERE

Georgia

Is Delta 8 THC legal in Georgia?

YES

Delta 8 THC is legal according to Georgia state law. Like federal law, Georgia specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

House Bill 213

AN ACT…to amend Part 1 of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to schedules, offenses, and penalties regarding regulation of controlled substances, so as to revise the definition of the term “marijuana”(§ 16-13-21. (16)); to provide an exception to the scheduling of tetrahydrocannabinol and tetrahydrocannabinolic acid as controlled substances(§ 16-13-25. (3). (P)); to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

2-23-3. Definitions

(3) ‘Federally defined THC level for hemp’ means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. Section 5940, whichever is greater.

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(5) ‘Hemp’ means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.

(6) ‘Hemp products’ means all products with the federally defined THC level for hemp-derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration.

(11) ‘THC’ means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.

Legal document found HERE

TITLE 16. CRIMES AND OFFENSES. CHAPTER 13. CONTROLLED SUBSTANCES. ARTICLE 1. GENERAL PROVISIONS

§ 16-13-21. Definitions

(16) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination

§ 16-13-25. Schedule I

(3) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(P) Tetrahydrocannabinols which shall include, but are not limited to:

(i) All synthetic or naturally produced samples containing more than 15 percent by weight of tetrahydrocannabinols; and

(ii) All synthetic or naturally produced tetrahydrocannabinol samples which do not contain plant material exhibiting the external morphological features of the plant cannabis;

Legal document found HERE

Hawaii

Is Delta 8 THC legal in Hawaii?

YES

Delta 8 THC is legal according to Hawaii state law. Like federal law, Hawaii specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Hawaii House Bill No. 2689

SECTION 1.

(9) Amending definitions of “marijuana” in state law to clarify that hemp grown by a licensee is not marijuana and amending references to tetrahydrocannabinols in the state law to exclude tetrahydrocannabinols in hemp;

§141-A Definitions.

“Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis.
 

SECTION 14.Section 329-1, Hawaii Revised Statutes, is amended as follows

1.By adding a new definition to be appropriately inserted and to read:

Hemp” means all parts of the plant Cannabis sativa L., whether growing or not, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods.

2.By amending the definition of “marijuana” to read:

“Marijuana” means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.[It]

“Marijuana” does not include [the]:

(4)A product containing or derived from hemp, including any product containing one or more hemp-derived cannabinoids such as cannabidiol, that:

(A)Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and

(B)Has a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or by other similarly reliable methods.

SECTION 15.Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

“(g)Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1)Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered); provided that tetrahydrocannabinols under this subsection shall exclude tetrahydrocannabinols in hemp;

Legal document found HERE

Idaho

Is Delta 8 THC legal in Idaho?

NO

Delta 8 THC is not legal according to Idaho state law.

HOUSE BILL NO. 122

AN ACT

RELATING TO HEMP; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 17, TITLE 22, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE A TERM, TO PROVIDE FOR RESEARCH AND PRODUCTION OF HEMP, AND TO PROVIDE FOR THE REGULATION OF HEMP; AMENDING SECTION 37-2701, IDAHO CODE, TO REVISE A DEFINITION AND TO DEFINE A TERM; AMENDING SECTION 37-2705, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR CERTAIN HEMP REGARDING TETRAHYDROCANNABINOLS; AND AMENDING SECTION 37-2732, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.

22-1703. DEFINITION.

As used in this chapter, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

37-2701. DEFINITIONS.

(p) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, the research an development of which, among other activities, are expressly authorized by chapter 17, title 22, Idaho Code.

(u) “Marijuana” means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include hemp or the mature stalks of the plant unless the same are intermixed with prohibited parts thereof, fiber produced from the stalks, oil or cake made from the seeds or the achene of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom or where the same are intermixed with prohibited parts of such plant, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Evidence that any plant material or the resin or any derivative thereof, regardless of form, contains more than three-tenths of one percent (0.3%) of any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is “marijuana” as defined and prohibited herein.

37-2705. SCHEDULE I.

(d) Hallucinogenic substances. (27) Tetrahydrocannabinols, except in hemp with no more than three-tenths of one percent (0.3%), or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following:

i. Tetrahydrocannabinols:

a. ∆ 1 cis or trans tetrahydrocannabinol, and their optical isomers, excluding dronabinol in sesame oil and encapsulated in either a soft gelatin capsule or in an oral solution in a drug product approved by the U.S. Food and Drug Administration.

b. ∆ 6 cis or trans tetrahydrocannabinol, and their optical isomers.

c. ∆ 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.)

Legal document found HERE

Illinois

Is delta 8 THC legal in Illinois?

YES

Delta 8 THC is legal according to Illinois state law as it defers to federal law, which makes delta 8 THC explicitly legal.

Industrial Hemp Act

(505 ILCS 89/5)

“Industrial Hemp” means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis that has been cultivated under a license issued under the Act or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.

“THC” means delta-9 tetrahydrocannabinol.

(505 ILCS 89/20)

Sec. 20. Hemp products. Nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own.

(505 ILCS 89/25)

Sec. 25. Violation of federal law. Nothing in this Act shall be construed to authorize any person to violate federal rules, regulations, or laws. If any part of this Act conflicts with a provision of the federal laws regarding industrial hemp, the federal provisions shall control to the extent of the conflict.
(Source: P.A. 100-1091, eff. 8-26-18.)

Legal document found HERE

Section 905. The Cannabis Control Act is amended by changing Sections 3 and 8 as follows:

(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
Sec. 3. As used in this Act, unless the context otherwise requires:

(a) “Cannabis” includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act.

Legal document found HERE

Indiana

Is Delta 8 THC legal in Indiana?

YES

Delta 8 THC is legal according to Indiana state law. Like federal law, Indiana specifically legalized all derivatives, cannabinoids, and isomers of hemp.

SENATE ENROLLED ACT No. 516

SECTION 6. IC15-15-13-6

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, for any part of the Cannabis sativa L. plant.

SECTION 7. IC15-15-13-6.5

“Hemp product” means a product derived from, or made by, processing hemp plants or plant parts including derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. However, the term does not include:

(1) smokable hemp (as defined by IC35-48-1-26.6); or

(2) products that contain a total delta-9-tetrahydrocannabinol concentration of more than three-tenths of one percent (0.3%) by weight

Legal document found HERE

ARTICLE 48. CONTROLLED SUBSTANCES

IC 35-48-1-19 “Marijuana”

Sec. 19. (a) “Marijuana” means any part of the plant genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of the plant, including hashish and hash oil; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

(b) The term does not include:

(1) the mature stalks of the plant;

(2) fiber produced from the stalks;

(3) oil or cake made from the seeds of the plant;

(4) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom);

(5) the sterilized seed of the plant which is incapable of germination; or

(6) industrial hemp (as defined by IC 15-15-13-6).

As added by P.L.5-1988, SEC.199. Amended by P.L.165-2014, SEC.3.

IC 35-48-2 Chapter 2. Classification of Drugs

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic, psychedelic, or psychogenic substances, their salts, isomers, and salts of isomers whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers):

(31) Tetrahydrocannabinols (7370), including synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:

(A) π1 cis or trans tetrahydrocannabinol, and their optical isomers;

(B) π6 cis or trans tetrahydrocannabinol, and their optical isomers; and

(C) π3,4 cis or trans tetrahydrocannabinol, and their optical isomers.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered. Other name: THC.

Legal document found HERE

Iowa

Is Delta 8 THC legal in Iowa?

NO

Delta 8 THC is illegal according to Iowa state law.

The Iowa Department of Agriculture and Land Stewardship is in the process of developing a state plan to license and regulate the production of hemp. It was submitted to the USDA for approval on Dec. 11, 2019. It is not legal to grow, possess, buy or sell hemp in Iowa until the USDA approves the state plan and the Department publishes notice of the approval in the Iowa Administrative Bulletin. Hemp production will likely not be legalized until the 2020 growing season at the earliest, depending on the timing of the review and approval process. Per Iowa DOA Website

CHAPTER 96 – HEMP

21—96.1(204) Definitions

“Hemp” means:

1. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis when tested using postdecarboxylation or other similarly reliable methods.

2. A plant of the genus Cannabis other than Cannabis sativa L., with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis when tested using postdecarboxylation or other similarly reliable methods, but only to the extent allowed by the department in accordance with applicable federal law, including the federal hemp law.

“THC” means total tetrahydrocannabinol as determined by an official laboratory test postdecarboxylation.

Legal document found HERE

Iowa Code 124 – Controlled Substances

124.101 Definitions

20. “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, Thu Dec 05 12:35:22 2019 Iowa Code 2020, Chapter 124 (49, 4) §124.101, CONTROLLED SUBSTANCES 4 manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

4. Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, position and geometric isomers):

u. Tetrahydrocannabinols, except as otherwise provided by rules of the board for medicinal purposes, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

(1) 1 cis or trans tetrahydrocannabinol, and their optical isomers.

(2) 6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3) 3,4 cis or trans tetrahydrocannabinol, and their optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

Legal document found HERE

Kansas

Is Delta 8 THC legal in Kansas?

YES

Delta 8 THC is legal according to Kansas state law. Like federal law, Kansas specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL No. 263

New Section 1.

(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis sativa L.

(4) ‘‘Hemp products’’ means all products made from industrial hemp, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption and certified seed for cultivation, if the seeds originate from industrial hemp varieties.

(5) ‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis.

Sec. 4. K.S.A. 2017 Supp. 21-5701 is hereby amended to read as follows: 21-5701.

(j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination; or

(2) any substance listed in schedules II through V of the uniform controlled substances act; or

(3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed

Sec. 7. K.S.A. 2017 Supp. 65-4105 is hereby amended to read as follows: 65-4105.

(h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Tetrahydrocannabinols……………………………………………………… 7370
Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.), except tetrahydrocannabinols obtained from industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed or used for activities authorized by the alternative crop research act.

Legal document found HERE

Kentucky

Is Delta 8 THC legal in Kentucky?

YES

Delta 8 THC is legal according to Kentucky state law. Like federal law, Kentucky specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

KRS 260.850 to 260.869 Industrial Hemp

260.850 Definitions

(5) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;

(6) “Industrial hemp products” means products derived from, or made by, processing industrial hemp plants or plant parts;

Legal document found HERE

40 KRS 218A.010

218A.010 Definitions for chapter.

(27) “Marijuana” means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term “marijuana” does not include:

(a) Industrial hemp that is in the possession, custody, or control of a person who holds a license issued by the Department of Agriculture permitting that person to cultivate, handle, or process industrial hemp;

(b) Industrial hemp products that do not include any living plants, viable seeds, leaf materials, or floral materials;

(c) The substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or clinic affiliated with a Kentucky public university having a college or school of medicine;

(d) For persons participating in a clinical trial or in an expanded access program, a drug or substance approved for the use of those participants by the United States Food and Drug Administration;

(e) A cannabidiol product derived from industrial hemp, as defined in KRS 260.850; or

(f) A cannabidiol product approved as a prescription medication by the United States Food and Drug Administration;

Legal document found HERE

Louisiana

Is Delta 8 THC legal in Louisiana?

YES

Delta 8 THC is legal according to Louisiana state law. Like federal law, Louisiana specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

HOUSE BILL NO. 491 ACT No.164. PART V. INDUSTRIAL HEMP

§1462. Definitions

(10) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more 0.3 percent on a dry weight basis.

Legal document found HERE

RS 40:961. PART X. UNIFORM CONTROLLED DANGEROUS SUBSTANCES LAW

§961. Definitions

§961.1. Industrial hemp exemption

Notwithstanding the definitions provided for in R.S. 40:961(6) and (26), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950. Acts 2019, No. 164, §2, eff. June 6, 2019.

Legal document found HERE

§964. Composition of schedules

C. Hallucinogenic substances.

(27) Tetrahydrocannabinols, including synthetic equivalents and derivatives, except for tetrahydrocannabinols in hemp

Legal document found HERE

Maine

Is Delta 8 THC legal Maine?

YES

Delta 8 THC is legal according to Maine state law. Like federal law, Maine specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Title 7: AGRICULTURE AND ANIMALS. Part 5: PLANT INDUSTRY. Chapter 406-A: HEMP

§2231. Industrial hemp

1. Definition.

D. “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. “Hemp” includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law. “Hemp” does not include marijuana for medical use pursuant to Title 22, chapter 558‑C or adult-use marijuana pursuant to Title 28‑B, chapter 1. [PL 2019, c. 528, §1 (NEW).]

Title 22: HEALTH AND WELFARE. Subtitle 2: HEALTH. Part 5: FOODS AND DRUGS. Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT

§2422. Definitions

4-L. Marijuana product. “Marijuana product” means a product composed of harvested marijuana and other ingredients that is intended for medical use. “Marijuana product” includes, but is not limited to, an edible marijuana product, a marijuana ointment and a marijuana tincture. “Marijuana product” does not include marijuana concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.
[PL 2019, c. 528, §15 (AMD).]

Title 28-B: ADULT USE MARIJUANA. Chapter 1: MARIJUANA LEGALIZATION ACT. Subchapter 1: GENERAL PROVISIONS

§102. Definitions

27. Marijuana. “Marijuana” means the leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. “Marijuana” includes marijuana concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D or a marijuana product.
[PL 2019, c. 528, §18 (AMD).]

28. Marijuana concentrate. “Marijuana concentrate” means the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. “Marijuana concentrate” does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D. In determining the weight of marijuana concentrate in a marijuana product, the weight of any other ingredient combined with marijuana or marijuana concentrate to prepare the marijuana product may not be included.
[PL 2019, c. 528, §19 (AMD).]

Legal document found HERE

Maryland

Is Delta 8 THC legal in Maryland?

YES

Delta 8 THC is legal according to Maryland state law. Like federal law, Maryland specifically legalized all derivatives, cannabinoids, and isomers of hemp.

House Bill 1123. Chapter 228 – Agriculture – Hemp Research and Production

(r) (2) “Marijuana” does not include:

(vi) [the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis] HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE ARTICLE

14–101. SUBTITLE 1. DEFINITIONS.

(c) (1)“HEMP” means the plant Cannabis sativa L. and any part ofTHAT plant, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.

Legal document found HERE

TITLE 5 – CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES. Subtitle 4 – Schedules

Section 5-402 – Schedule I.

(1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances is a substance listed in Schedule I:

(vii) marijuana;

(xii) tetrahydrocannabinol;

Legal document found HERE

Massachusetts

Is Delta 8 THC legal in Massachusetts?

YES

Delta 8 THC is legal according to Massachusetts state law. Like federal law, Massachusetts specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Bill H.4001

SECTION 3.

“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.

“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

Agriculture Improvement Act of 2018

Effective Date: 10/31/2019

“hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

“Hemp Products”, all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

“Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.

“Tetrahydrocannabinol” or “THC”, notwithstanding any other provision of the law, the THC that is found in hemp shall not be considered to be THC in qualifying as a controlled substance.

Section 121.

The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department’s duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing or researching of hemp, industrial hemp. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.

Section 122.

(a). Hemp-derived cannabinoids, including CBD, are not considered controlled substances or adulterants.

(b) Products containing one or more hemp-derived cannabinoids, such as CBD, intended for ingestion are to be considered foods, not controlled substances or adulterated products.

(c) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under the State Hemp Program.

Legal documents found HERE

Michigan

Is Delta 8 THC legal in Michigan?

YES

Delta 8 THC is legal according to Michigan state law. Like federal law, Michigan specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

HOUSE BILL No. 6330 – Industrial Hemp Research and Development Act

Act No. 641
EFFECTIVE DATE: January 15, 2019

(i) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

Legal document found HERE

PUBLIC HEALTH CODE (EXCERPT) Act 368 of 1978

333.7106 Definitions;

(2) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(4) “Marihuana” means all parts of the plant Cannabis sativa L., growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Marihuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination. Marihuana does not include industrial hemp.

Legal document found HERE

333.7212 Schedule 1; controlled substances included.

(d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1:

(i) /1 cis or trans tetrahydrocannabinol, and their optical isomers.

(ii) /6 cis or trans tetrahydrocannabinol, and their optical isomers.

(iii) /3,4, cis or trans tetrahydrocannabinol, and their optical isomers.

Legal document found HERE

Minnesota

Is Delta 8 THC legal in Minnesota?

YES

Delta 8 THC is legal according to Minnesota state law.

Industrial Hemp Development Act.

18K.02 DEFINITIONS.

Subd. 3.Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.

Legal document found HERE

MINNESOTA STATUTES 2019. CHAPTER 152. DRUGS; CONTROLLED SUBSTANCES

152.01 DEFINITIONS.

Subd. 9. Marijuana. “Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana does not include hemp as defined in section 152.22, subdivision 5a.

Legal document found HERE

152.02Subd. 2. Schedule I.

(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:

(1) marijuana;

(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;

Legal document found HERE

152.22 DEFINITIONS.

Subd. 5a.Hemp. “Hemp” has the meaning given to industrial hemp in section 18K.02, subdivision 3.

Legal document found HERE

Mississippi

Is Delta 8 THC legal in Mississippi?

NO

Delta 8 THC is not legal according to Mississippi state law.

Mississippi Hemp Cultivation Task Force –House Bill 1547:

EXECUTIVE SUMMARY

Hemp is still classified as a Schedule 1 controlled substance in the State of Mississippi.

However, the following products are exempted from control:

• THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);

• Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;

• Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;

• Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and

• Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter.

INTRODUCTION

Mississippi did not adopt state laws to legalize hemp under authority of the 2018 Farm Bill.

Legal document found HERE

House Bill 1547. SCHEDULE I

41-29-113.

(d)Hallucinogenic substances.

(23) (A) Marijuana (Cannabidiol contained in a legend drug product approved by the Federal Food and Drug Administration or obtained under Section 41-29-136 is exempt under Schedule I);

(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis plant), as well as the synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant such as the following:

(A) 1 cis or trans tetrahydrocannabinol;

(B) 6 cis or trans tetrahydrocannabinol;

(C) 3,4 cis or trans tetrahydrocannabinol.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of atomic positions, are covered.)

(“Tetrahydrocannabinols” excludes dronabinol and nabilone.)

However, the following products are exempted from control:

(i) THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);

(ii) Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;

(iii) Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;

(iv) Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and

(v) Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter;

Legal document found HERE

Senate Bill 2349. SECTION 4.

41-29-136.

is amended as follows:

(1) “CBD solution” means a pharmaceutical preparation consisting of processed cannabis plant extract in oil or other suitable vehicle.

(2) (a) CBD solution prepared from Cannabis plant extract that is provided by the National Center for Natural Products Research at the University of Mississippi under appropriate federal and state regulatory approvals may be dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center (UMMC Pharmacy) after mixing the extract with a suitable vehicle. The CBD solution may be prepared by the UMMC Pharmacy or by another pharmacy or laboratory in the state under appropriate federal and state regulatory approvals and registrations. For the purposes of clinical trials under this section, CBD solution must meet the standard of exemption from control under Section 41-29-113.

(b) The patient or the patient’s parent, guardian or custodian must execute a hold-harmless agreement that releases from liability the state and any division, agency, institution or employee thereof involved in the research, cultivation, processing, formulating, dispensing, prescribing or administration of CBD solution obtained from entities authorized under this section to produce or possess cannabidiol for research under appropriate federal and state regulatory approvals and registrations.

(c) The National Center for Natural Products Research at the University of Mississippi and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce cannabis plants for cannabidiol research.

(d) Research of CBD solution under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable. Authorized entities may enter into public-private partnerships to facilitate research.

Legal document found HERE

Missouri

Is Delta 8 THC legal in Missouri?

YES

Delta 8 THC is legal according to Missouri state law. Like federal law, Missouri specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Title 2 DEPARTMENT OF AGRICULTURE. Division 70 – Plant Industries Chapter. 17 – Industrial Hemp

EMERGENCY AMENDMENT

2 CSR 70-17.010 Definitions.

(3) CBD—cannabidiol.

(7) Delta-9 THC—delta-9 tetrahydrocannabinol.

(13) Hemp extract—an extract from a cannabis sativa L. plant or a mixture or preparation containing cannabis sativa L. plant material that is composed of no more than three-tenths of one percent (0.3%) delta-9 THC on a dry weight basis.

(15) Industrial Hemp—as defined in section 195.010 (24), RSMo.

(20) Publicly marketable hemp product—any industrial hemp product that does not include any living hemp plants, viable seeds, viable roots, viable leaf materials, or viable floral materials, and contains no material with a delta-9 THC concentration exceeding three-tenths of one percent (0.3%) on a dry weight basis.

Legal document found HERE

Title XII PUBLIC HEALTH AND WELFARE. Chapter 195

195.010. Definitions.

(24) “Industrial hemp”:

(a) All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater;

(b) Any Cannabis sativa L. seed that is part of a growing crop, retained by a grower for future planting, or used for processing into or use as agricultural hemp seed;

(c) Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;

(28) “Marijuana”, all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., except industrial hemp, Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination;

Legal document found HERE

195.017. Schedule 1

(ee)Tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), except industrial hemp, as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

  a.1 cis or trans tetrahydrocannabinol, and their optical isomers;

  b.6 cis or trans tetrahydrocannabinol, and their optical isomers;

  c.3,4 cis or trans tetrahydrocannabinol, and their optical isomers;

Legal document found HERE

Montana

Is Delta 8 THC legal in Montana?

NO

Delta 8 THC is not legal according to Montana state law.

TITLE 80. AGRICULTURE.

4.19.101 DEFINITIONS

(2) “Hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with delta-nine tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.

(3) “Hemp plant extract” means a processed product from hemp plant or floral material including but not limited to oil, powder, cake, pellet, etc.

Legal document found HERE

TITLE 50. HEALTH AND SAFETY

50-32-101. Definitions.

(18) ”Marijuana (marihuana)” means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.

Legal document found HERE

50-32-222. Specific dangerous drugs included in Schedule I.

(4) Hallucinogenic substances. (ff) tetrahydrocannabinols, including synthetic equivalents of the substances contained in the plant or in the resinous extractives of cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as those listed in subsections (4)(ff)(i) through (4)(ff)(iii). Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are included in the category as follows:

(i) delta 1 (delta 9) cis or trans tetrahydrocannabinol and its optical isomers;

(ii) delta 6 cis or trans tetrahydrocannabinol and its optical isomers; and

(iii) delta 3,4 cis or trans tetrahydrocannabinol and its optical isomers;

Legal document found HERE

Nebraska

Is Delta 8 THC legal in Nebraska?

Likely Legal

Delta 8 THC is likely legal according to Nebraska state law.

Like federal law, Nebraska specifically states in the LEGISLATIVE BILL 657 – Nebraska Hemp Farming Act that “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers” from hemp are legal and “shall not be considered a controlled substance”, but the Chapter 28 Uniform Controlled Substances Act Section 28-405 schedules “tetrahydrocannabinols naturally contained in a plant of the genus Cannabis” a Schedule 1 drug. Due to these conflicting laws, we have concluded that Delta-8 THC is likely legal.

LEGISLATIVE BILL 657 – Nebraska Hemp Farming Act:

Chapter 2-503. Terms, defined.

(8) Federally defined THC level for hemp means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis as defined in section 10113 of the Federal Agriculture Improvement Act of 2018, Public Law 115-334, as such section existed on January 1, 2019;

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq. SEC. 10113. HEMP PRODUCTION.

Subtitle G. SEC. 297A. DEFINITIONS.
‘(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

(11) Hemp means the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp shall be considered an agricultural commodity. Notwithstanding any other provision of law, hemp shall not be considered a controlled substance under the Uniform Controlled Substances Act;

(21) THC means tetrahydrocannabinol.

Legal document found HERE

Chapter 28 Uniform Controlled Substances Act

28-401. Terms, defined.

(13) Hemp has the same meaning as in section 2-503;

(14)(a) Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds.

(b) Marijuana does not include the mature stalks of such plant, hashish, tetrahydrocannabinols extracted or isolated from the plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, the sterilized seed of such plant which is incapable of germination, or cannabidiol contained in a drug product approved by the federal Food and Drug Administration or obtained pursuant to sections 28-463 to 28-468.

(c) Marijuana does not include hemp.

Legal document found HERE

Chapter 28-405. Controlled substances; schedules; enumerated. Schedule I

(c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and, for purposes of this subdivision only, isomer shall include the optical, position, and geometric isomers:

(7) Marijuana;

(25) Any material, compound, mixture, or preparation containing any quantity of synthetically produced cannabinoids as listed in subdivisions (A) through (L) of this subdivision, including their salts, isomers, salts of isomers, and nitrogen, oxygen, or sulfur-heterocyclic analogs, unless specifically excepted elsewhere in this section. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or compounds of these structures shall be included under this subdivision, regardless of their specific numerical designation of atomic positions covered, so long as it can be determined through a recognized method of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:

(A) Tetrahydrocannabinols: Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers;

Legal document found HERE

Nevada

Is Delta 8 THC legal in Nevada?

YES

Delta 8 THC is legal according to Nevada state law until June 30th, 2020.

CHAPTER 557 – HEMP

NRS 557.160 “Hemp” defined.

1.  “Hemp” means any plant of the genus Cannabis sativa L. and any part of such a plant, including, without limitation, the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp.

2.  “Hemp” does not include any commodity or product made using hemp.

Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations

7 CFR Part 990

For the purposes of this new part, and as defined in the 2018 Farm Bill, the term “hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

NRS 557.180 

“THC” defined. [Effective through June 30, 2020.]  “THC” has the meaning ascribed to it in NRS 453A.155.

NRS 557.180

“THC” defined. [Effective July 1, 2020.]  “THC” has the meaning ascribed to it in NRS 453.139.

Legal document found HERE

CHAPTER 453 – CONTROLLED SUBSTANCES

NRS 453.096  “Marijuana” defined.

1.  “Marijuana” means:

(a) All parts of any plant of the genus Cannabis, whether growing or not;

(b) The seeds thereof;

(c) The resin extracted from any part of the plant, including concentrated cannabis; and

(d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

2.  “Marijuana” does not include:

(a) Hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS or any commodity or product made using such hemp; or

(b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

NRS 453A.155  

“THC” means delta-9-tetrahydrocannabinol, which is the primary active ingredient in marijuana.

NRS 453.139

“THC” defined.  “THC” means:

1.  Delta-9-tetrahydrocannabinol;

2.  Delta-8-tetrahydrocannabinol; and

3.  The optical isomers of such substances.

Legal document found HERE

New Hampshire

Is Delta 8 THC legal in New Hampshire?

YES

Delta 8 THC is legal according to New Hampshire state law. Like federal law,

HB 459-FN – FINAL VERSION

CHAPTER 439-A – HEMP

IV. “Hemp products” means all products made from hemp, including cloth, cordage, fiber, food, fuel, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and certified seed for cultivation.

V. “Hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3 percent on a dry weight basis.

Controlled Drug Act

306:3 Marijuana; Hemp Exception. Amend RSA 318-B:2-c

(a) “Marijuana” includes the leaves, stems, flowers, and seeds of all species of the plant genus Cannabis, but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin including hashish, and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

306:4 Therapeutic Cannabis; Hemp Excepted. Amend 126-X:1

III. “Cannabis” means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

Legal document found HERE

New Jersey

Is Delta 8 THC legal in New Jersey?

YES

Delta 8 THC is legal according to New Jersey state law. Like federal law, New Jersey specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

New Jersey Hemp Program

2:25-1.2 Definitions

“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabissativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dryweight basis has not yet been determined.

“CBD” or “cannabidiol” is a phytocannabinoid found in cannabis which does not produce psychoactive effects in users.

“Federally defined THC level for hemp” or “acceptable hemp THC level” means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product. Hemp will satisfy the standard of “federally defined THC level for hemp” or “acceptable hemp THC level” if laboratory testing confirms a result within a measurement of the uncertainty that includes the THC concentration level of 0.3 percent. For example, if the reported delta-9 THC content concentration in a sample is 0.35%, and the measurement of uncertainty is +/- 0.099%, the hemp would be compliant, because 0.3% falls within the distribution range between .251% and .449%.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers,
whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.

“Hemp Extract” means oil chemically extracted from hemp’s aerial plant part, such as seeds, stalks or flowers, using chemical processes, containing a natural blend of phytocannabinoids, and includes cannabidiol, or “CBD” oil.

“Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids.

“THC” means delta-9-tetrahydrocannabinol, which is a psychoactive component in cannabis plants.

Legal document found HERE

New Mexico

Is Delta 8 THC legal in New Mexico?

YES

Delta 8 THC is legal according to New Mexico state law. Like federal law, New Mexico specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Hemp Final Rule – 20.10.2 NMAC Hemp Extraction, Production, Transportation, Warehousing, and Testing

20.10.2.7 DEFINITIONS

H. “Cannabis sativa L.” means the plant cannabis sativa L. and any part of the plant, whether growing or not.

I. “CBD” means cannabidiol and is a cannabinoid and the primary non-psychoactive ingredient found in hemp.

O. “Hemp” means the plant cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent on a dry weight basis.

P. “Hemp-derived material” means any material containing THC in any concentration derived from cannabis sativa L. through any activity authorized pursuant to the act.

R. “Hemp extract” means oil and extracts, including cannabidiol, cannabidiolic acid, and other identified and non-identified compounds derived from hemp.

U. “Hemp finished product” means a hemp product that is intended for retail sale and containing hemp or hemp extracts for human consumption, absorption, or inhalation that has a THC concentration of not more than three-tenths of one percent (0.30%).

Z. “Hemp products” means hemp, hemp-derived material, hemp extract, and hemp finished product.

XX. “THC” means delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a postdecarboxylation method and based on percentage dry weight.

Legal document found HERE

Chapter 84

30-31-2. DEFINITIONS. As used in the Controlled Substances Act:

M. “hemp” means the plant Cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9- tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis;

“30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I:

E. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:

(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the
Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; or

(6) the use, dispensing, possession, prescribing, storage or transport of a prescription drug that the United States food and drug administration has approved and that contains marijuana, a tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol; and

Legal document found HERE

New York

Is Delta 8 THC legal in New York?

YES

Delta 8 THC is legal according to New York state law. Like federal law, New York specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Article 29 Growth of Hemp

§ 505. Definitions.

1. “Industrial hemp” means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

§ 505. Definitions.

1. “Hemp” means the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of a percent on a dry weight basis.

Legal document found HERE

§ 520 Definitions

2. “Hemp extract” means any product made or derived from industrial hemp, including the seeds thereof and all derivatives whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than an amount of the plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than an amount determined by the department in regulation, used or intended for human or animal consumption or use for its cannabinoid content, as determined by the commissioner in regulation. Hemp extract excludes industrial hemp used or intended exclusively for an industrial purpose and those food and/or food ingredients that are generally recognized as safe by the department, and shall not be regulated as hemp extract within the meaning of this article.

Legal document found HERE

Article 33: Controlled Substances. Title 1

§ 3302

21. “Marihuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

The term “marihuana” shall not include:

(a) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;

(b) hemp, as defined in subdivision one of section five hundred five of the agriculture and markets law;

(c) cannabinoid hemp as defined in subdivision two of section thirty-three hundred ninety-eight of this chapter; or

(d) hemp extract as defined in subdivision five of section thirty-three hundred ninety-eight of this chapter.

Legal document found HERE

§ 3306 Schedules of controlled substances

Schedule I. (d) Hallucinogenic substances.

(13) Marihuana.

(21) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:

/1 cis or trans tetrahydrocannabinol, and their optical isomers

/6 cis or trans tetrahydrocannabinol, and their optical isomers

/3, 4 cis or trans tetrahydrocannabinol, and its optical isomers

(since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered).

Legal document found HERE

§ 3307 Exception from schedules

5. The commissioner may by regulation or emergency regulation, reclassify any compound, mixture or preparation containing any substance listed in Schedule I of section three thousand three hundred six of this title as a Schedule II, III, IV or V substance, or exempt it from this article, if that same compound, mixture or preparation is redesignated or rescheduled other than under Schedule I under the federal Controlled Substances Act, or deleted as a controlled substance under the federal Controlled Substances Act. If the commissioner acts under this subdivision and does not exempt the compound, mixture or preparation from this article, he or she may only reclassify it to a newly created subdivision in the same numbered schedule or a higher numbered schedule than to which it is redesignated or rescheduled under the federal act.

Legal document found HERE

North Carolina

Is Delta 8 THC legal in North Carolina?

YES

Delta 8 THC is legal according to North Carolina state law. Like federal law, North Carolina specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL 352 -Second Edition.

AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT.

§ 90-87. Definitions.

(13a) “Hemp” means the plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13b) “Hemp extract” means an extract from hemp, or a mixture or preparation containing hemp plant material or compounds, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13c) “Hemp product” means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. “Hemp product” does not include smokable hemp.

(16) “Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The term “marijuana” also includes smokable hemp.
The term does not include hemp, when in the possession, custody, or control of a person who holds a license permitting that person to cultivate or handle hemp; hemp products; or hemp extracts. A licensed cultivator or licensed handler may possess raw hemp plant material for the purpose of (i) selling the raw hemp plant material to a licensed handler or a person who may legally receive the raw hemp plant material in that person’s jurisdiction or (ii) processing the raw hemp plant material into a hemp product or hemp extract.

SECTION 6. G.S. § 90-94. Schedule VI controlled substances.

This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that such substance comes within this schedule, the Commission shall find: no currently accepted medical use in the United States, or a relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects.
The following controlled substances are included in this schedule:
(1) Marijuana.
(2) Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp products or hemp extracts.
(3) Repealed by Session Laws 2017-115, s. 8, effective December 1, 2017, and applicable to offenses committed on or after that date.

Legal document found HERE

North Dakota

Is Delta 8 THC legal in North Dakota?

YES

Delta 8 THC is legal according to North Dakota state law. Like federal law, North Dakota specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Title 4.1 Agriculture. CHAPTER 4.1-18.1 HEMP

4.1-18.1-01. Hemp (cannabis sativa L.).

“Hemp” means the plant cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

Legal document found HERE

CHAPTER 19-03.1 UNIFORM CONTROLLED SUBSTANCES ACT

19-03.1-01. Definitions.

18. “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term marijuana does not include hemp as defined in title 4.1.

19-03.1-05. Schedule I.

5. Hallucinogenic substances. n. Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, including synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant; excluding tetrahydrocannabinols found in hemp as defined in title 4.1; such as the following:

(1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other names: Delta-9-tetrahydrocannabinol.

(2) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.

(3) Delta-3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic
positions covered.)

Legal document found HERE

Ohio

Is Delta 8 THC legal in Ohio?

YES

Delta 8 THC is legal according to Ohio state law. Like federal law, Ohio specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Amended Substitute Senate Bill Number 57

(3) Hemp, as defined in section 928.01 of the Revised Code.

Ohio Revised Code » Title [9] IX AGRICULTURE – ANIMALS – FENCES » Chapter 928: Hemp and Hemp Products

(C) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.

(27) Tetrahydrocannabinols (synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta-1-cis or trans tetrahydrocannabinol, and their optical isomers; delta-6-cis or trans tetrahydrocannabinol, and their optical isomers; delta-3,4-cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered.)), excluding tetrahydrocannabinols found in “hemp” and “hemp products” as those terms are defined in section 928.01 of the Revised Code;

Legal document found HERE

Oklahoma

Is Delta 8 THC legal in Oklahoma?

YES

Delta 8 THC is legal according to Oklahoma state law. Like federal law, Oklahoma specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

OKLAHOMA STATUTES. TITLE 2. Agriculture

§2-3-401. Short title – Oklahoma Industrial Hemp Program.

This act shall be known and may be cited as the “Oklahoma Industrial Hemp Program”.
Added by Laws 2018, c. 64, § 1, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 2, emerg. eff. April 18, 2019.

§2-3-402. Definitions.

3. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis;

Legal document found HERE

Title 63. Oklahoma Public Health Code

§63-2-101v2. Definitions.

23. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include:

a. the mature stalks of such plant or fiber produced from such stalks,

b. oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marijuana plant,

c. any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake,

d. the sterilized seed of such plant which is incapable of germination,

e. for any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Section 2-802 of this title, a drug or substance approved by the federal Food and Drug Administration for use by those participants,

f. for any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than threetenths of one percent (0.3%) and that is delivered to the patient in the
form of a liquid,

g. any federal Food and Drug Administration-approved cannabidiol drug or substance, or

h. industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis which shall only be grown pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program and may be shipped to Oklahoma pursuant to the provisions of subparagraph e or f of this paragraph;

38. “Tetrahydrocannabinols” means all substances that have been chemically synthesized to emulate the tetrahydrocannabinols of marijuana; [not hemp]

§63-427.2v1. Definitions.

63. “THC” means tetrahydrocannabinol, which is the primary psychotropic cannabinoid in marijuana formed by decarboxylation of naturally tetrahydrocannabinolic acid, which generally occurs by exposure to heat;

Legal document found HERE

State Bill 238. Section 1. C.

C. Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp. The addition of derivatives of hemp, including hemp-derived cannabidiol, to cosmetics, personal care products and products intended for human or animal consumption shall be permitted without a license and shall not be considered an adulteration of such products.

Legal document found HERE

Oregon

Is Delta 8 THC legal in Oregon?

YES

Delta 8 THC is legal according to Oregon state law. Like federal law, Oregon specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

OAR – Chapter 603 – Division 48 – Industrial Hemp

OAR 603-048-0010 – Definitions

(15) “Hemp Item” has the meaning provided in OAR 603-048-2310.

(16) “Industrial hemp”:

(a) Means all non-seed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

(b) Means any Cannabis seed:

(A) That is part of a crop;

(B) That is retained by a grower for future planting;

(C) That is agricultural hemp seed;

(D) That is for processing into or for use as agricultural hemp seed; or

(E) That has been processed in a manner or to an extent that the Cannabis seed is incapable of germination.

(c) Does not mean:

(A) Industrial hemp commodities or products; or

(B) Marijuana, as that is defined in ORS 475B.015.

475B.015 Definitions

(17)(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and marijuana seeds.

(b) “Marijuana” does not include:

(A) Industrial hemp, as defined in ORS 571.269; or

(B) Prescription drugs, as that term is defined in ORS 689.005, including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005.

 

OAR 603-048-2310.– Definitions:

(16) “Cannabinoid hemp product”

(a) Means a hemp edible or any other product intended for human consumption including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp; or

(b) Usable hemp, hemp extracts and hemp concentrates that have been combined with an added substance.

(c) Cannabinoid hemp product does not include usable hemp by itself, hemp stalk by itself, a hemp concentrate or extract by itself, hemp seed incapable of germination by itself, or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.

(d) For sampling and testing purposes is equivalent to a cannabinoid product as that is defined in OAR 333-007-0310.

(17) “Hemp concentrate or extract”

(a) Means a substance obtained by separating cannabinoids from industrial hemp leaves, flowers, or stalk by a mechanical, chemical or other process.

(b) For sampling and testing purposes is equivalent to a cannabinoid concentrate or edible as that is defined in OAR 333-007-0310.

(19) “Hemp item”

(a) Means usable hemp, hemp stalk, a hemp cannabinoid product, or a hemp concentrate or extract.

(b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310.

Public Health Division – Chapter 333

333-007-0310 – Definitions

(38) “Marijuana”

(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.

(b) “Marijuana” does not include industrial hemp, as defined in ORS 571.300.

(39) “Marijuana item” means marijuana, usable marijuana, a cannabinoid product or a cannabinoid concentrate or extract.

(38) “THC” means tetrahydrocannabinol and has the same Chemical Abstracts Service Number as delta-9 THC.

Legal document found HERE

Pennsylvania

Is Delta 8 THC legal in Pennsylvania?

YES

Delta 8 THC is legal according to Pennsylvania state law. Like federal law, Pennsylvania specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL No.335 – Industrial Hemp Act.

Section 2. Definitions.

“Industrial hemp.” A plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
 
“Product.” A finished product containing industrial hemp which:
(1) Is a cosmetic, food, food additive or herb.1234567891011121314151617
(2) Is for human use or consumption.
(3) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives.
(4) Contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3%.Section 3. Manufacturing of food products. Each manufacturer of food containing industrial hemp must comply with the following:
Legal document found HERE

HOUSE BILL No.1899 – ARTICLE VIII-A. ADULT USE CANNABIS

Section 802-A. Definitions.

“Cannabis.” The plant of the genus cannabis whether growing or not, the parts and seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including cannabis concentrate. The term does not include industrial hemp or fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination or the weight of another ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other product.
Legal document found HERE

SENATE BILL No.936

Section 1. The definition of “marihuana” in section 2(b) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is amended to read:

Section 2. Definitions.

“Marihuana” [consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin;
but shall not include tetrahydrocannabinols, the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination.] means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. The term does not include:
(1) industrial hemp, as defined in 3 Pa.C.S. § 702 (relating to definitions); or
Title 3 § 702. Definitions. “Industrial hemp.” The plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.
(2) the mature stalks of an industrial hemp plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
Legal document found HERE
Rhode Island

Is Delta 8 THC legal in Rhode Island?

LIKELY NOT LEGAL

Delta 8 THC is likely not legal according to Rhode Island state law. Rhode Island legalized all derivatives, cannabinoids, and isomers of hemp. However, Rhode Island has another law that defines Delta 8 THC under Rhode Island’s definition of “THC” and makes it illegal for human consumption. It does not appear hemp-derived Delta 8 THC would be exempt from this law, and would need further clarification from state lawmakers in order to confidently sell Delta 8 THC in Rhode Island.

Chapter 2-26 – Hemp Growth Act

2-26-3. Definitions

(2) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including “marijuana” and “industrial hemp” or “industrial hemp products” which satisfy the requirements of this chapter.

(3) “Cannabidiol” or “CBD” means cannabidiol (CBD) derived from a hemp plant as defined in §2-26-3(8), not including products derived from exempt cannabis plant material as defined in 21 C.F.R. §1308.35.

(8) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight or per volume basis regardless of moisture content, and which satisfies the requirements of this chapter.

(9) “Hemp-derived consumable CBD product” means any product meant for ingestion, including but not limited to concentrates, extracts, and cannabis-infused foods and products, which contains cannabidiol derived from a hemp plant as defined in § 2-26-3(8), which shall only be sold to persons age twenty-one (21) or older, and which shall not include products derived from exempt cannabis plant material as defined in 21 C.F.R. §1308.35.

(10) “Hemp products” or “industrial hemp products” means all products made from the plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and seed certified for cultivation., which satisfy the requirements of this chapter.

(13) “THC” means tetrahydrocannabinol, the principal psychoactive constituent of cannabis.

SECTION 3. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled “Uniform Controlled Substances Act” is hereby amended as follows:

§ 21-28-1.02. Definitions. [Effective until January 1, 2023.]

(30) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is incapable of germination. Marijuana shall not include “industrial hemp” or” industrial hemp products” which satisfy the requirements of chapter 2-26 of the general laws and the regulations promulgated thereunder.

Legal document found HERE

Title 21 Code of Federal Regulations

§1308.11 Schedule I.

(d) Hallucinogenic substances.

(23) Marihuana

(31) Tetrahydrocannabinols
Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
1 cis or trans tetrahydrocannabinol, and their optical isomers
6 cis or trans tetrahydrocannabinol, and their optical isomers
3,4 cis or trans tetrahydrocannabinol, and its optical isomers

Legal document HERE

§1308.35

Exemption of certain cannabis plant material, and products made therefrom, that contain tetrahydrocannabinols.

(a) Any processed plant material or animal feed mixture containing any amount of tetrahydrocannabinols (THC) that is both:

(1) Made from any portion of a plant of the genus Cannabis excluded from the definition of marijuana under the Act [i.e., the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination] and

(2) Not used, or intended for use, for human consumption, has been exempted by the Administrator from the application of the Act and this chapter.

(b) As used in this section, the following terms shall have the meanings specified:

(1) The term processed plant material means cannabis plant material that has been subject to industrial processes, or mixed with other ingredients, such that it cannot readily be converted into any form that can be used for human consumption.

(2) The term animal feed mixture means sterilized cannabis seeds mixed with other ingredients (not derived from the cannabis plant) in a formulation that is designed, marketed, and distributed for animal consumption (and not for human consumption).

(3) The term used for human consumption means either:

(i) Ingested orally or (ii) Applied by any means such that THC enters the human body.

(4) The term intended for use for human consumption means any of the following:

(i) Designed by the manufacturer for human consumption; (ii) Marketed for human consumption; or (iii) Distributed, exported, or imported, with the intent that it be used for human consumption.

(c) In any proceeding arising under the Act or this chapter, the burden of going forward with the evidence that a material, compound, mixture, or preparation containing THC is exempt from control pursuant to this section shall be upon the person claiming such exemption, as set forth in section 515(a)(1) of the Act (21 U.S.C. 885(a)(1)). In order to meet this burden with respect to a product or plant material that has not been expressly exempted from control by the Administrator pursuant to Sec. 1308.23, the person claiming the exemption must present rigorous scientific evidence, including well-documented scientific studies by experts trained and qualified to evaluate the effects of drugs on humans.

Legal document found HERE

South Carolina

Is Delta 8 THC legal in South Carolina?

YES

Delta 8 THC is legal according to South Carolina state law. Like federal law, South Carolina specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

South Carolina House Bill 3449

Section 46-55-10.

(6)‘Federally defined THC level for hemp’ means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.

7 U.S.C. sec 5940

(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(8)‘Hemp’ or ‘industrial hemp’ means the plant Cannabis sativa L. and any part of that plant, including the non-sterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

(9)‘Hemp products’ means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including non-sterilized hemp seeds, is not considered a hemp product.

(11) ‘Marijuana’ has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

Legal document found HERE

South Dakota

Is Delta 8 THC legal in South Dakota?

YES

Delta 8 THC is legal according to South Dakota state law. Like federal law, South Dakota specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

2019 House Bill 1191

Section 1. That subdivision (7) of § 22-42-1 be amended to read:

(7) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such the plant;

Section 2. That subdivision (12) of § 34-20B-1 be amended to read:

(12) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant or cannabidiol, a drug product approved by the United States Food and Drug Administration;

Section 3. That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act, industrial hemp or hemp, is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

Tennessee

Is Delta 8 THC legal in Tennessee?

YES

Delta 8 THC is legal according to Tennessee state law. Like federal law, Tennessee specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL NO.357

43-27-101.

(3) “Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; and

(4) “THC” means delta-9 tetrahydrocannabinol.

SECTION 1.

Tennessee Code Annotated, Section 39-17-402(16)(C), is amended by deleting the subdivision and substituting the following:

(C) “Marijuana” also does not include hemp, as defined in § 43-27-101;

SECTION 3.

Tennessee Code Annotated, Section 39-17-415, is amended by deleting subsection (c) and substituting the following:

(c) This section does not categorize hemp, as defined in $ 43-27-101, as a controlled substance.

SECTION 12.

Tennessee Code Annotated, Title 43, is amended by adding the following as a new chapter:

Legal document found HERE

Texas

Is Delta 8 THC legal in Texas?

YES

Delta 8 THC is legal according to Texas state law. Like federal law, Texas specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

TITLE 5. SUBTITLE F. – HEMP

Sec. 121.001. DEFINITION.

“hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

TITLE 6. SUBTITLE C. – SUBSTANCE ABUSE REGULATION AND CRIMES

Sec. 481.002. DEFINITIONS.

(5) “Controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Section 121.001, Agriculture Code, or the tetrahydrocannabinols in hemp.

(26) “Marihuana” means the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

The term does not include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(E) the sterilized seeds of the plant that are incapable of beginning germination; or

(F) hemp, as that term is defined by Section 121.001, Agriculture Code.

Legal document found HERE

Utah

Is Delta 8 THC legal in Utah?

NO

Delta 8 THC is not legal according to Utah state law.

Rule R68-22. Industrial Hemp Research.

R68-22-2. Definitions.

As in effect on October 1, 2019

(6) “Industrial Hemp”: means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

Chapter 37 – Utah Controlled Substances Act

Subsection 58-37-4(2)(a)(iii)

(AA) Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: ∆1 cis or trans tetrahydrocannabinol, and their optical isomers ∆6 cis or trans tetrahydrocannabinol, and their optical isomers ∆3,4 cis or trans tetrahydrocannabinol, and its optical isomers, and since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered;

Legal document found HERE

Vermont

Is Delta 8 THC legal in Vermont?

YES

Delta 8 THC is legal according to Vermont state law. Like federal law, Vermont specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

Title 6 – Agriculture. Chapter 34: Hemp

§ 562. Definitions

(4) “Hemp products” or “hemp-infused products” means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

(5) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers, whether growing or not, with the federally defined tetrahydrocannabinol concentration level of hemp. “Hemp” shall be considered an agricultural commodity.

2018 Farm Bill

“Hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

Title 18: Health. Chapter 84

§ 4201. Definitions

(15)(A) “Marijuana” means all parts of the plant Cannabis sativa L., except as provided by subdivision (B) of this subdivision (15), whether growing or harvested, and includes:

(i) the seeds of the plant;

(ii) the resin extracted from any part of the plant; and

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

(B) “Marijuana” does not include:

(i) the mature stalks of the plant and fiber produced from the stalks;

(ii) oil or cake made from the seeds of the plant;

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(iv) the sterilized seed of the plant that is incapable of germination; or

(v) hemp or hemp products, as defined in 6 V.S.A. § 562.

Legal document found HERE

Virginia

Is Delta 8 THC legal in Virginia?

YES

Delta 8 THC is legal according to Virginia state law. Like federal law, Virginia specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

CHAPTER 653

§ 3.2-4112. Definitions.

“Hemp product” means any finished product that is otherwise lawful and that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption.
 
“Industrial hemp” means any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law
 

2018 Farm Bill

“Hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Legal document found HERE

Drug Control Act

§ 54.1-3401. (Effective until July 1, 2020) Definitions.

Marijuana” means any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. Marijuana shall not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, nor shall marijuana include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seeds of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis. Marijuana shall not include (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent, or (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law.

§ 54.1-3446. Schedule I.

Tetrahydrocannabinols, except as present in (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law; (iii) marijuana; or (iv) dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the U.S. Food and Drug Administration;
 
Legal document found HERE
Washington

Is Delta 8 THC legal in Washington?

YES

Delta 8 THC is legal according to Washington state law. Like federal law, Washington specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

SENATE BILL 5276

Sec. 2. RCW 15.120.010

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Sec. 5. RCW 69.50.101

(d) “CBD product” means any product containing or consisting of cannabidiol.

(f) “Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp as defined in RCW 15.120.010.

(x) “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or
(2) Hemp as defined in RCW 15.120.010.

(tt) “THC concentration” means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

Legal document found HERE

West Virginia

Is Delta 8 THC legal in West Virginia?

YES

Delta 8 THC is legal according to West Virginia state law. Like federal law, West Virginia specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

House Bill 2694.

§19-12E-3. Definitions.

(g) “Hemp” or “industrial hemp” means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater;

7 U.S. Code § 5940.Legitimacy of industrial hemp research

(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(h) “Hemp products” means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;

(j) “Marijuana” means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;

(l) “THC” means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.

Legal document found HERE

Wisconsin

Is Delta 8 THC legal in Wisconsin?

YES

Delta 8 THC is legal according to Wisconsin state law. Like federal law, Wisconsin specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

CHAPTER 94 – PLANT INDUSTRY

94.55  Hemp.

(1)  Definition. In this section, “ hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis or the maximum concentration allowed under federal law up to 1 percent, whichever is greater, as tested using post-decarboxylation or other similarly reliable methods. “Hemp” does not include a prescription drug product that has been approved by the U.S. food and drug administration.

Legal document found HERE

CHAPTER 961 – UNIFORM CONTROLLED SUBSTANCES ACT

961.01(14)

(14) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

961.14(4)(t)

(t) Tetrahydrocannabinols, commonly known as “THC”, in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized,

except that tetrahydrocannabinols do not include any of the following:

1. Tetrahydrocannabinols contained in a cannabidiol product that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).
2. Tetrahydrocannabinols contained in fiber produced from the stalks, oil or cake made from the seeds of a Cannabis plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of a Cannabis plant which is incapable of germination.
3. Tetrahydrocannabinols contained in hemp, as defined in s. 94.55 (1).

Legal document found HERE

Wyoming

Is Delta 8 THC legal in Wyoming?

YES

Delta 8 THC is legal according to Wyoming state law. Like federal law, Wyoming specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.

BILL NO. HB0171. CHAPTER 51 – HEMP PRODUCTION

11‑51‑101. Definitions.

(iii) “Hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis when using post‑decarboxylation or another similarly reliable testing method;

(vii) “THC” means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol.

35‑7‑1011. Control of substances.

(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law the commissioner shall control the substance under this act in the same manner as federal law within thirty (30) days after receiving notice of the change but not later than thirty (30) days after the first publication of the change in the Federal Register. Under this subsection, the commissioner shall control the substance in the same manner as federal law through the promulgation of an emergency rule, followed by promulgation of a permanent rule under the Wyoming Administrative Procedure Act. If the commissioner objects to the designation, rescheduling or deletion of a substance, the commissioner shall within the same period required to control the substance publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of an objection to designation, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision. Any final decision that ultimately controls the substance under this act in the same manner as federal law shall be finalized through the promulgation of an emergency rule, followed by the promulgation of a permanent rule under the Wyoming Administrative Procedure Act.

35‑7‑1063. Exceptions to provisions.

(a) The provisions and penalties of this chapter shall not apply to:

(i) The possession or use of hemp or hemp products for any purpose or application;

(iii) Hemp production, processing or testing in accordance with the provisions of W.S. 11‑51‑101 through 11‑51‑107.

(b) As used in this section “hemp” or “hemp product” means all parts, seeds and varieties of the plant cannabis sativa l. or a product made from that plant with a trans‑delta 9‑tetrahydrocannabinol (THC) concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis.

Legal document found HERE

Things to Consider

  • This Delta-8 THC can be intoxicating to some people. Do not drive or operate any machinery while using this product.
  • There are no long-term, definitive studies on the effects of Delta-8 THC and therefore please consult a physician before using it. Do not use this product in any manner not recommended by a doctor.
  • This Delta-8 THC may affect blood pressure, heart rate, and/or intraocular pressure in some people. If you have any known or unknown heart, blood pressure, eye, eye pressure, or similar/related issues, do not use this product unless recommended by a doctor.
  • We do not have sufficient data to say anything definitively, but delta-8 THC might trigger a positive drug due to similar profile as delta-9 THC. As a precaution, you should not take this product if you need to pass a drug test.
  • Our Delta-8 THC is 100% derived from legal industrial hemp and thus is legal according to federal law and many state laws. However, DENEX is not responsible for knowing whether this product is legal in your state or territory and you assume full responsibility for all parts pertaining to your purchase. We retains the right to not ship to any states or territories where local laws conflict with the 2018 Farm Bill.
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