Delta-8 Legality is Changing

delta-8 legalityMany in the business assume delta-8 is protected by the 2018 Farm Bill. The reality however, is that delta-8 sits in a grey area and it’s legality is dependent on an interpretation of specific wording in the bill.

Recently Nevada activated Senate Bill 49, which clearly identifies delta-8 as a regulated THC and prohibits ‘synthetic cannabinoids’ from being produced, sold, or offered for sale within the state.

California has a hemp bill in the works that would ban smokable hemp derivatives and limit delta-8 products to being sold in dispensaries.

Connecticut recently legalized adult-use cannabis, but the regulations that became effective starting July 1st also moved delta-8 from a legal substance to one that can only be sold through dispensaries.

New York recently updated hemp regulations effectively banning delta-8 production.

Oregon is in the process of reclassifying delta-8 products as ‘Adult Use Cannabinoid Items.’ Currently this new classification means they can still be sold at the same outlets they were before, but with the stipulation that they must be kept away from minors.

Effective 10/15/2021, a Texas judge has ruled that delta-8 is a Schedule I drug and illegal. Expect companies effected to offer legal challenges, but it appears the judge’s ruling will be upheld and the state’s Health Department website has been updated to reflect it. The new wording describe’s “Delta-8 in any concentration” is illegal.

The bottom line is, things are changing quickly. Be aware of regulation changes that may be coming to your area and how they will affect your marketplace.


THC-O is made from hemp-derived delta-8 by adding acetic anhydride, creating a powerful THC acetate. THC-O will get you high. It is reportedly three to four times stronger than traditional delta-9 THC.


Delta-10 is another form of THC found in trace amounts in cannabis and hemp. It’s much harder to process than traditional CBD and delta-8. Delta-10 is less potent than traditional delta-9 THC and more on-par with delta-8. It is less of a sedative experience and more energizing.

Are They Legal?

They’re commonly produced from CBD, which is a product derived from hemp, and thus many believe it falls under Farm Bill protection. However, many states have moved to ban or enclose these cannabinoid compounds within existing THC regulations. While some states have banned them, others have restricted where they can be sold.

THC-O is processed from delta-8, so restrictions that affect delta-8 will carry over to THC-O. Delta-10 follows in the footsteps of delta-8 and is generally encompassed in the same laws.