Is Delta-8 THC Legal in Oklahoma?

By | last updated December 17, 2021

Evidence Based 4

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Delta 8 is legal in Oklahoma. The state passed new legislation that excludes hemp-derived delta-8 and delta-10 THC from the state’s definition of marijuana.

Here’s a closer look at delta 8 legality in the Sooner State.


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Oklahoma Delta-8 THC Laws

Hemp and hemp products are legal in Oklahoma. According to the state’s Hemp Program:

“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.

Oklahoma Industrial Hemp Program

Additionally, Oklahoma passed SB 1033 in 2021, which explicitly excludes delta-8 and delta-10 THC from the definition of marijuana:

“Marijuana” shall have the same meaning as such term is defined in Section 2-101 of this title and shall not include any plant or material containing delta-8 or delta-10 tetrahydrocannabinol which is grown, processed or sold pursuant to the provisions of the Oklahoma Industrial Hemp Program

Oklahoma SB1033

These two definitions mean that hemp products, including hemp-derived delta 8 THC, are legal in Oklahoma and not considered the same thing as adult-use marijuana (which is illegal in the state).

What is Delta-8 THC?

Tetrahydrocannabinol (THC) is the main intoxicating substance in cannabis. Cannabis plants contain high levels of delta-9, a specific form of THC.

Delta-8 is another form of THC which is naturally found only in trace amounts. But it can also be produced from hemp-derived cannabidiol (CBD).

Delta 8 can get you high and cause other effects similar to regular delta-9 THC. But it’s about 33% weaker (1).

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp products nationwide. But it also created a loophole by defining hemp products as cannabis derivatives with no more than 0.3% delta-9 THC.

That means products made from hemp can legally contain any amount of delta 8. Hemp manufacturers use this loophole by taking pure hemp-derived CBD and chemically converting it into delta-8 THC.

States Where Delta-8 THC is Illegal

Every state can make its own laws and regulations for delta-8 THC.

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Oklahoma

Delta 8 is legal in Oklahoma. It’s likely to stay that way, at least until the state legalizes recreational cannabis.

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