As anticipated, Delta-8 tetrahydrocannabinol ("Delta-8
THC") has become the hottest, most flourishing cannabinoid
currently found on the U.S. market. In the past few months, the
sales of Delta-8 THC products have exploded, representing the
fastest growing segment of hemp-derived products.
Yet, despite its growing popularity, the legality of Delta-8
THC, including that of Delta-8 THC products, remains murky. This
blog post provides a broad, 30,000-foot view on this issue.
Federal Legal Framework
Delta-8 THC
Although all hemp-derived cannabinoids, including hemp-derived
Delta-8 THC, seem to fall squarely within the definition of hemp
enacted under the Agriculture Improvement Act of 2018 (the "2018 Farm Bill"), uncertainties remain
regarding the federal legality of cannabinoids like Delta-8 THC
that are derivatives of other hemp-derived cannabinoids.
