Is Delta-8 THC Legal in Oregon?

By | last updated December 20, 2021

Evidence Based 5

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Delta 8 is legal in Oregon. Although the state now considers delta-8 THC as an “adult use cannabinoid” that cannot be sold to minors, it’s not banned in the state.

But we may see it restricted to licensed adult-use dispensaries in the near future.

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

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Oregon Delta-8 THC Laws

Both hemp and adult-use cannabis are legal in Oregon. According to the state’s laws and definitions:

“Hemp item” (a) Means usable hemp, hemp stalk, a hemp cannabinoid product, or a hemp concentrate or extract.

Oregon Department of Agriculture Chapter 603

Delta-8 THC counts as a hemp-derived product (either a cannabinoid, concentrate, or extract), making it legal in Oregon.

The state also passed HB3000 on July 19, 2021, which creates new classifications and rules for delta-8 THC products:

“Adult use cannabinoid” includes, but is not limited to, tetrahydrocannabinols, tetrahydrocannabinolic acids that are artificially or naturally derived, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, the optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol and any artificially derived cannabinoid that is reasonably determined to have an intoxicating effect.

“Adult use cannabis item” means: 

(a) A marijuana item; or (b) An industrial hemp commodity or product that exceeds: (A) The concentration of adult use cannabinoids established by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority and the State Department of Agriculture, by rule…

Except for a marijuana retailer registered under ORS 475B.146 to sell or deliver marijuana items to a registry identification cardholder who is 18 years of age or older or as allowed pursuant to ORS 475B.785 to 475B.949 , a [ licensee or licensee representative ] person may not sell or deliver [ a marijuana item ] an adult use cannabis item to a person under 21 years of age

Oregon HB3000

These rules are not that restrictive. For now, the only restriction is that delta-8 THC cannot be sold to people under the age of 21. You can still buy delta 8 products freely.

But it’s possible that more regulations could be on the way.

What is Delta-8 THC?

You’re probably familiar with tetrahydrocannabinol (THC), the intoxicating ingredient in marijuana. Cannabis plants contain high levels of delta-9, the most common form of THC.

Delta-8 is another form of THC. It’s not as potent as delta 9 but can still get you high (1). There’s very little of it in cannabis but manufacturers can make delta 8 from hemp-derived CBD.

Why Delta-8 THC is Federally Legal

A loophole in the 2018 Farm Bill is responsible for making delta 8 legal nationwide. The bill legalized hemp products, defining them as cannabis with no more than 0.3% delta-9 THC.

Since that limit doesn’t say anything about other forms of THC, hemp-derived delta 8 products are legal.

Hemp manufacturers typically make delta-8 THC from the CBD isolated from hemp with a special chemical process.

States Where Delta-8 THC is Illegal

Each state can decide to regulate delta-8 THC in its own way.

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

The Future of Delta 8 in Oregon

Delta 8 is legal in Oregon but is likely to be limited to licensed cannabis dispensaries in the near future.

As suggested by one attorney, Oregon’s Liquor and Cannabis Commission may eventually require stores selling delta-8 THC to have a proper cannabis license or authorization.

That means delta 8 could soon be treated in a similar way to recreational cannabis.

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