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The question we get asked the most, is Delta 8 THC Legal federally?

The answer is simple, Yes!

We’ve all been trained for almost a century to think anything regarding Delta 9 THC is something we should be scared of. Obviously, things are changing, but Delta 8 is a whole different substance than Delta 9 THC. It is derived fully from hemp, and due to the 2018 Farm Bill, it is legal federally and fully legal in most states.

The Farm Bill stated that anything containing under .03% Delta 9 THC is legal and allowed in the United States. The Farm Bill also made amendments to the Controlled Substance Act, taking any derivatives of Hemp off the banned substances originally under the act.

Let’s look at how it’s derived, this is a great way to give you an idea as to how it’s different than Delta 9, and why it’s legal. Delta 8 is an isomer of CBD, which is a derivative of both CBD and Hemp, not traditional THC. Both legal under the Farm Bill. You don’t just have to take our word for it either that our products are below the legal levels. We have all of our products tested by third parties and all of our tests have shown a Delta 9 THC content of less than .03%, which is the legal federal limit.

Will Delta 8 Make me fail a drug test?

Simply put, yes. When you excrete Delta 8, in whatever form, your body treats it the same way it would treat Delta 9. It is processed very similarly, and they do not have tests yet that can differentiate between the two compounds. Be careful and do not put your job on the line if you know you get tested.

This information on this page is for informational purposes only. We do not give legal advice, in any way. We do our best to stay current on all laws, but the current state of the political space changes daily, and laws are very fluid. We recommend you do your own full research before making any decisions regarding Delta 8. Please speak with a legal professional from your area if you need to learn more or have specific questions.

Below is the relevant language from the Farm Bill for you to reference.


(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.


(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—

(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and

(2) by striking ‘‘Such term does not include the’’ and inserting the following:

(B) The term ‘marihuana’ does not include—

(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or

(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection

(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.

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