Is Delta 8 THC Legal?

Delta 8 is a newly legal form of THC available to most consumers in the United States. Legalized by the 2018 Farm Bill, Delta 8 offers similar, albeit milder, effects to its more popular cousin, Delta 9. Our gummies with Delta 8 THC are compliant with the 2018 Farm Bill and are legal on a federal level in the US.

Is Delta 8 legal

What Is Delta 8 and Why Is it Legal?

Delta 8 is a form of THC that’s derived from cannabis plants (Cannabis sativa, Cannabis indica, and the hemp plant).

Though some states legalized recreational cannabis and medical cannabis use, products that contain Delta 8 are not federally legal in the US if they’re derived from marijuana.

However, hemp-derived Delta-8 THC is legal on a federal level under certain conditions set by the 2018 Farm Bill. This Bill was approved in a 2018 US Federal Appeals Court ruling.

The 2018 Farm Bill

In 2018, the federal government’s court of appeals approved a document called the 2018 Farm Bill. Hemp compounds, including Delta-8 and its derivatives, have become legal under certain conditions. This Bill regulates Delta-8 production, selling, and consumption, as well as the production of other THC compounds.

Under federal law, Delta-8 THC products are legal under two conditions:

  • The Delta 8 THC is derived from hemp, not marijuana
  • A product contains no more than 0.3% of Delta 8 THC by dry weight


All nama products, including those containing Delta-8 THC and Delta-9 THC are federally legal, as they are made in compliance with the 2018 Farm Bill.

Is Delta 8 Legal in All States?

Delta 8 is federally legal if it’s derived from hemp and the product in question has under 0.3% of Delta 8 per dry weight. However, Delta-8 is illegal in some states, even those where marijuana and hemp-derived Delta 9 THC are legal.

As of 2022, Delta-8 THC is illegal in fourteen states:

  • Alaska
  • Arkansas
  • Arizona
  • Colorado
  • Delaware
  • Iowa
  • Idaho
  • Kentucky
  • Montana
  • Mississippi
  • New York
  • Rhode Island
  • Vermont
  • Utah

Is Delta 8 Caught on a Drug Test?

Yes, Delta 8 products can show up on a THC drug test. This compound is chemically similar to Delta 9 THC and taking it can result in a positive drug test result, even if you don’t use any other THC products.

How Long Will Delta 8 Stay in Your System for a Drug Test?

Most commonly-used drug tests can detect Delta 8 THC for a few days after you take it. However, if you use Delta 8 frequently, it can take about a month for it to completely clear from your system and yield a negative test result.

Can I Travel With Delta 8 Gummies?

Yes, you can travel with Delta 8 gummies that are made in compliance with the Farm Bill if you’re traveling to a state where Delta-8 THC products are legal. If you are traveling to a state or country where Delta 8 gummies are illegal, do not travel with Delta 8 gummies.

What Happens If You Get Pulled Over with Delta 8?

While you can have a legal Delta 8 product on you while you drive, you can’t drive after taking Delta 8. Doing so can result in a DUI charge and you could face penalties. Therefore, do not take Delta 8, or any other THC compound, if you plan on driving in the next 8 hours or so.

Can Delta 8 Get You High?

Though very high amounts of Delta-8 THC can get you high, this compound shouldn’t cause psychoactive effects at normal doses. Instead, Delta 8 will make you feel relaxed and may slightly uplift your mood. Edibles that contain Delta-9 THC have stronger psychoactive effects than those containing Delta 8 THC.

Is Delta 8 Safe?

Delta 8 is safe. There are no health concerns associated with Delta 8, as long as you buy products from a cannabis company that is transparent about its extraction process.

Delta 8 THC production often requires turning CBD into Delta 8, because hemp plants only have small amounts of this compound, making it hard to extract.

When shopping for Delta-8 THC products, go with CO2-extracted ones, as CO2 extraction is much safer than other extraction methods.

All nama THC gummies contain Delta 8 THC extracted with CO2 from the finest American hemp and natural ingredients. Each product is tested for purity and potency in a third-party lab.

Delta 8 vs Delta 9

Chemically, Delta-8 is quite similar to Delta-9 THC. The only difference between Delta-8-THC and Delta-9-THC is the placement of carbon double bonds, which are located on the eighth carbon atom for Delta-8 THC and the ninth atom for Delta-9 THC.

When it comes to the effects they produce, Delta 8 is about half as strong as Delta 9. People who have experienced both THC forms report that Delta 8 produces a milder effect. In a recent study published in the Journal of Cannabis Research, participants called Delta-8-THC Delta-9-THC’s nicer younger sibling due to its relatively mild effects.

If you’re interested in trying legal hemp-derived products with Delta 9, give our delicious, vegan Delta 9 THC gummies a try!

Buy Legal Delta 8 THC Edibles

If you want to take Delta-8 THC legally, you’re in the right place. Our Delta 8 gummies are made from a legal hemp extract, are entirely vegan, and are impressively delicious. Another unique THC product we offer is a drink infused with THC.

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And, if you’re more interested in cannabidiol, we also offer yummy edibles with CBD. Go with our gummies for sleep infused with CBD if you’re having sleep issues. Or, try our full spectrum CBD gummies to get the benefits of both THC and CBD.

FAQ on Delta 8 Legality

Is Delta 8 an illegal drug?

No, Delta 8 is not an illegal drug. Though it is considered a drug, Delta 8 does not typically produce a high commonly associated with drugs, unless you take a lot of it. Plus, hemp-derived Delta 8 is completely legal in the US under federal law.

Is Delta 8 safe to smoke?

While Delta 8 is safe to smoke, smoking is far from the best way to consume this compound. If you’re looking for a healthier Delta-8 product, go with a Delta-8 oil or edibles infused with Delta 8 THC (like the ones we offer).

Will one dose of Delta 8 make you fail a drug test?

One dose of Delta 8 will make you fail a drug test for a few days after you take it. Whether you’ve taken a Delta-8 gummy, a hit from a Delta-8 vape, or a dose of Delta-8 oil, you can expect it to clear from your system completely within 10 days.

Can Delta 8 damage your brain?

No, Delta 8 can’t damage your brain. On the contrary, this compound was shown to aid in brain function, help you fall asleep, as well as alleviate symptoms of anxiety and depression.

Is Delta 8 legal in Georgia?

Yes, it is legal to produce, consume, and sell Delta-8 products in the state of Georgia. A Georgia court ruled affirmative on the House Bill 213, which made all products compliant with the Farm Bill, including Delta 8 and Delta 9 products, legal in Georgia.

Is Delta 8 legal in Indiana?

As of 2022, Delta-8 remains legal in Indiana. This state made all hemp products compliant with the Farm Bill legal with the Indiana Industrial Hemp Act. All nama products, including our Delta 8 THC and Delta 9 THC products, are legal in Indiana.

Is Delta 8 legal in Texas?

Yes, Delta 8 has been legalized in Texas since 2019. A 2019 Texas House Bill 1325 made Delta-8 legal if it’s derived from hemp and the product in question contains no more than 0.3% of Delta 8 THC by dry weight. All nama products with Delta 8 and Delta 9 THC are legal in Texas.

Is Delta 8 legal in Tennessee?

Yes, Delta-8 THC is legal in Tennessee if the cannabis product in question is compliant with the Tennessee Senate Bill 357. This senate made producing, consuming, and selling Delta-8 products legal in this state. As our products are compliant with this Senate Bill, nama products containing any THC compound, including Delta-8 and Delta 9, are legal in Tennessee.

Is Delta 8 legal in Kentucky?

Unfortunately, as of 2022, Delta 8 products remain illegal in Kentucky. However, banning Delta-8 THC was not a popular decision and is likely to be overturned in the next few years. Luckily, our Delta 9 products are legal in Kentucky, as are our vegan gummies with CBD.

Is medical and recreational marijuana use legal in the US?

The recent rise of the cannabis industry made it clear how beneficial medical marijuana can be. Still, as of 2022, cannabis is legal for medical and recreational use in only 19 states and territories, including North Carolina, California, and Washington DC.

Some states, such as West Virginia, North Dakota and South Dakota, only allow medicinal marijuana use, while others, such as South Carolina, ban all forms of marijuana use.

Marijuana laws are likely to change in the next few years as more states legalize marijuana. Until then, you can get the benefits of THC and CBD legally with our delicious edibles, including our legal, hemp THC gummies.

Is smoked marijuana healthy?

While marijuana can be healthy when taken in moderation, smoking it is not a healthy way to consume it. Recent health news associates smoked marijuana with certain health risks, such as proneness to bronchitis, while other forms of taking cannabis, such as CBD oils and Delta 9 gummies, don’t cause these side effects.

What are the benefits of microdosing THC?

Microdosing THC is beneficial for relieving anxiety, easing pain, helping you fall asleep, and alleviating many ailments. People often microdose THC to alleviate migraines, while others take low doses of THC to reduce symptoms of depression. If you’re interested in learning more about microdosing THC, check out our blog post on how to microdose weed.

Why should marijuana programs be regulated?

Marijuana programs should be regulated in order to ensure the quality and potency of purity being sold by cannabis companies. In an unregulated market, anyone can sell a product without ensuring that the quality is up to par.

nama CBD FDA & Legal Disclaimer

Our products are not intended to diagnose, treat, cure, or prevent any disease. They are not a replacement for prescription medications and have not been evaluated by the Food and Drug Administration (FDA).

The information provided on this website does not, and is not intended to, constitute legal advice or any statements of the status of any laws. Any information, content, and materials available on this site are for general informational purposes only, and are not intended to be relied upon for any purpose.

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Is Delta 8 legal

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