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Delta-8 THC is legal in Washington D.C. The federal district matches federal laws, which means hemp-derived products are allowed.
Here’s a detailed breakdown of delta 8 legality in the District of Columbia.
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Washington D.C. Delta-8 THC Laws
As far as we understand, the capital doesn’t have any of its own hemp laws because it’s a federal district. That means it follows federal laws for hemp.
Since the 2018 Farm Bill legalized hemp products nationwide, hemp-derived delta 8 THC is technically legal in Washington D.C.
On top of that, D.C. legalized recreational marijuana in 2014.
What is Delta-8 THC?
Delta-8 is a form of THC, the intoxicating cannabis compound. It’s similar to delta-9, the most common type of THC naturally produced by cannabis plants.
Although delta-8 has all of the classic THC effects, it’s much weaker than delta-9 THC (1). Cannabis contains only trace amounts of delta 8, so it’s usually made from hemp-derived CBD through a chemical process.
Why Delta-8 THC is Federally Legal
Hemp products are federally legal thanks to the 2018 Farm Bill. The bill defines hemp products as cannabis derivatives with no more than 0.3% delta-9 THC.
But this created a loophole because it didn’t limit the amounts of other types of THC. That means hemp-derived delta-8 THC is technically legal.
As a result, manufacturers can turn hemp-derived CBD into legal delta-8 THC through a chemical isomerization process.
States Where Delta-8 THC is Illegal
Each state has the power to regulate delta 8 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 Washington D.C.
Delta 8 is likely to stay legal in Washington D.C., especially because the DEA made statements in 2021 saying that hemp-derived delta 8 is not a controlled substance.
We only see that changing if the district allows for recreational cannabis sales.
Until that happens, local legislators are unlikely to reclassify delta-8 THC as marijuana since you won’t be able to access it without any available licensed retailers.
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.