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June 11, 2021 | Blog

Is Delta 8 THC Legal?

We have some good news and some bad news about the legal status of Delta 8 tetrahydrocannabinols (THC) products. The good news is that the sale, purchase, and use of Delta 8 THC products was federally legalized in 2018. Most states have also legalized these products. The bad news is there are still a number of states that have not legalized Delta 8 THC, you can still fail a drug test if you consume it, and these products are not yet federally regulated for consistency and quality. You can learn more about the legal status of Delta 8 THC on this page, and if you’re ready to experience it for yourself, explore our available Delta 8 products. 

Federal Legalization of Delta 8 THC

In 2018, the federal government passed the Agricultural Improvement Act also called the 2018 Farm Bill. This bill federally legalized all cannabinoids, isomers, and derivatives of cannabis as long as the final product is less than .3% Delta 9 THC, which is the type of cannabinoid typically referred to as marijuana or pot. Prior to the 2018 Farm Bill, Delta 8 THC was federally classified as an illegal, controlled substance under the Controlled Substances Act. There is an amendment to the Controlled Substances Act included in the 2018 Farm Bill that removes all hemp-derived tetrahydrocannabinols, including Delta 8 THC, from the controlled substances list. While the 2018 Farm Bill has given us significantly greater freedom to distribute Delta 8 THC products as well as CBG and CBD products, we are well aware that these laws may continue to change, and we do our utmost to stay informed about all federal, state, and local regulations on Delta 8 THC and other cannabinoids. We encourage all consumers to familiarize themselves with state and local regulations prior to making a purchase. 

You Can Fail a Drug Test if You Use Delta 8 THC

If you choose to purchase and consume Delta 8 THC, you should also be aware that use of these products will result in failed drug tests, so if you have a job that requires drug testing, are on parole, or will otherwise be tested for the presence of drugs in your system, current testing does not differentiate between Delta 8 and Delta 9 THC. This means you will fail any drug tests taken after consuming Delta 8 THC products.

Regulation of Delta 8 THC Products

Finally, the last piece of the legalization process for Delta 8 THC products is approval and regulation from the Food and Drug Administration (FDA). Currently, the FDA has not created guidelines or recommendations for the use of Delta 8 THC and other hemp-derived cannabinoids. This means the market is unregulated, and Delta 8 THC and other cannabinoid products may not all work in the same way, contain the same concentration of cannabinoid, and any number of other variables may occur that change the way these products work. Reputable businesses should conduct their own testing and provide detailed reporting about the levels of cannabinoid and other ingredients present in their products. Each of our product pages includes a link to a Certificate of Analysis (COA) from a third-party testing facility that describes the cannabinoid profiles found within our products.

State & Local Regulations of Delta 8 THC

Each state has its own regulations, regarding the purchase, sale, shipping, and use of Delta 8 THC products, You should be familiar with your state’s regulations before ordering products. In order to meet local restrictions, we do not ship to states where these products are classified as illegal. Specifically, we don’t ship our Delta 8 THC gummies and other cannabinoid products to the following states: 

  • Alaska 
  • Arizona
  • Arkansas
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Nebraska
  • Nevada
  • Utah

Shop Goodekind

If you don’t live in one of the eleven states where these products are prohibited, we invite you to take a look at our available Delta 8 THC gummies as well as our CBG and CBD items. We offer a full range of products to meet your needs and keep you feeling great.