Recent months have seen numerous states step up legislation and policing aimed at delta-8 THC: the weaker, hemp-derived form of THC.
As a quick reminder, delta-8 THC products operate in a legal gray area because the 2018 Farm Bill defines hemp and hemp products as cannabis with no more than 0.3% delta-9 THC, the main intoxicating component of the plant. This loophole allows delta-8 THC made from hemp-derived CBD to be federally legal.
Many states have regulated or banned delta-8 THC since 2020, but the last several months of 2023 have seen increasing activity. In particular, there’s growing concern over delta-8 products being packaged and labeled as gummies, chocolate, and other forms that are appealing to children.
The latest developments include:
- Arkansas banning delta-8 THC starting from July 31
- New Hampshire banning delta-8 THC in August
- A Pennsylvania store owner was arrested in August for selling delta-8 THC, even though the state hasn’t yet passed any laws banning delta-8 and other novel forms of THC
- Police in Lincoln, Nebraska, have been seizing delta-8 THC products from several stores
- New Jersey working on a bill to ban delta-8 THC
As of now, delta-8 THC is illegal in 18 states, regulated like cannabis in three others. If you want to check the legal status of delta-8 THC in your state, be sure to check out our up-to-date guide.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.