Delta 8 is actually Delta 8 tetrahydrocannabinol, or Delta 8 THC, and is a less potent version of Delta 9 THC, the active component in Cannabis. The molecular structure of Delta-8 THC is a variation of Delta-9 THC, meaning that it is not technically classified as Cannabis under federal and some state laws. Ordinarily, this would still be illegal, as Delta 8 would be considered an analogue of cannabis. Legislation passed in 2018 makes this less clear, as it reconsidered what qualifies as cannabis.
An analogue is any variation of a drug that is already illegal, meaning any change in the molecular structure which produces the same or similar effects as the original substance, and is intended for human consumption. Analogues are fairly common creations by those trying to get around drug laws, so the Federal Analogue Act was passed to counter this.
In 2018 Congress passed a farm bill that was intended to allow farmers to grow hemp, rather than cannabis, so the plant could be cultivated commercially and used as a crop rather than a drug. The bill defined Cannabis as having more than 0.3 percent Delta-9 THC, and hemp as anything less. It did not address Delta-8 THC, which leaves it to be classified as hemp, and is theoretically legal. If this holds true, it means that Delta-8 is no different from a house plant in the eyes of the federal government.
Delta-8 THC could still be considered illegal under DEA guidelines in spite of the farm bill. These guidelines specifically identify any “synthetic” form of cannabis or THC as illegal, but does not clearly define the term “synthetic”. Delta-8 THC is derived from hemp by chemical processes, which could cause it to be considered as a synthetic form of cannabis. This would dispute its classification as hemp and make it illegal.
It is currently unknown whether Delta-8 is legal or illegal under federal law. The DEA is currently reviewing its distinction between hemp and cannabis, and may take an explicit position on where Delta-8 THC stands in the future. Legality could also be decided by future court cases, or the original farm bill could be amended to allow or ban Delta-8 specifically. Several media outlets have declared that it is legal, but this is still a gray area and no one can say for sure whether or not this is true.
Attempting to fly with Delta-8 THC is a gamble. Many believe that its exclusion in the 2018 farm bill makes it legal, but this assumption has not been tested in court and cannot be confirmed. Another logistical issue is how to prove that the substance you are carrying is Delta-8 THC rather than cannabis. Cannabis, of course, is still federally illegal, so flying with it is a federal crime. If you are caught trying to fly with Delta-8, you may be detained until there is confirmation that the substance you have is not cannabis. Even then, you risk challenging the legality of a murky area, and you are at the mercy of a judge. Simply put, it is not worth trying to fly with Delta-8 THC. If you are flying to a state where Delta-8 is illegal, then you absolutely cannot fly with it.
Several states have blocked Delta-8 THC and made it illegal, such as:
Alaska
Arizona
Arkansas
Colorado
Delaware
Idaho
Iowa
Mississippi
Montana
Rhode Island
Utah
These states have concerns about the rapid adoption of the drug and the lack of regulation surrounding it. Some of these states have not yet legalized cannabis, so it is logical that they are opposed to Delta-8, but others are unclear on its safety.
As Delta-8 THC continues to become more popular, legislators will be forced to address it. In the coming months and years, many states, along with the federal government, will likely release guidelines for the manufacture of Delta-8 or ban it entirely. It cannot continue to exist in a legal gray area for long.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed sed augue mauris. Integer placerat et massa in pharetra. Cras diam mi, tincidunt nec erat in, mollis sagittis sapien. Quisque ultrices id diam quis dapibus. Nullam ac erat ac justo convallis fringilla nec ut purus. Vivamus volutpat orci et lacus tempus fringilla. Morbi sed erat vel nisi blandit placerat eget eget sapien.
Nulla eget tristique leo. Proin dignissim tellus nec risus congue fringilla. Donec interdum purus sem, a finibus ante efficitur ornare. Quisque ullamcorper pharetra lacus, vitae pharetra magna pretium vel. Donec aliquet purus sed pellentesque mollis. Pellentesque vestibulum eget massa in facilisis. Phasellus eu risus non metus consectetur facilisis. Interdum et malesuada fames ac ante ipsum primis in faucibus. In vitae fermentum enim, in vulputate diam. Aliquam malesuada urna suscipit, elementum sapien ac, posuere nisl.
Integer malesuada leo quis erat imperdiet aliquet. Aliquam ut eros vulputate, pharetra nulla quis, bibendum justo. Suspendisse justo leo, efficitur vel ex nec, fermentum condimentum dui. Suspendisse ut massa sit amet ligula mattis viverra. Sed sed turpis ligula. In vulputate, enim sit amet laoreet blandit, elit nisl fermentum odio, nec convallis libero dolor nec tellus. Donec rutrum nibh non nibh tincidunt, non iaculis diam dignissim. Sed nec massa pellentesque, gravida sem id, lobortis nisi. Integer turpis metus, sagittis vitae metus vel, feugiat congue nibh.
Vestibulum sed arcu eleifend ipsum eleifend semper nec sed est. Nam dapibus massa ut scelerisque egestas. Integer at elit faucibus elit molestie luctus. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur nulla neque, rhoncus sit amet ultricies ac, sagittis ac nibh. Praesent mattis ultricies nisi vitae efficitur. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nunc ullamcorper non est vitae faucibus. Duis pellentesque magna fermentum leo molestie, et dapibus diam dictum. Vivamus eu purus ullamcorper, consequat diam quis, blandit eros. Cras ultrices finibus metus, eget tempor sem euismod quis. Interdum et malesuada fames ac ante ipsum primis in faucibus.
Class aptent taciti sociosqu ad litora torquent per conubia nostra, per inceptos himenaeos. Fusce hendrerit arcu vel nisi bibendum, nec accumsan nunc sollicitudin. Mauris eu pretium ante, at rhoncus metus. Nunc dignissim turpis vel libero commodo imperdiet. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia curae; Donec gravida arcu eu turpis lobortis, vitae bibendum lectus egestas. Phasellus gravida eleifend ligula, eu sagittis diam rhoncus ut. Suspendisse fringilla ipsum eu purus tincidunt ornare. Vestibulum tincidunt enim eu ante mattis interdum. Integer molestie, est quis tincidunt dapibus, ex diam ultrices enim, nec vestibulum lectus orci non elit. Etiam vestibulum justo erat, ut vulputate urna dapibus vitae. Fusce ultrices lacus ac eros scelerisque, non malesuada neque ultrices. In pretium mi sed eros pharetra, eu molestie felis consectetur.
This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
"*" indicates required fields
