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Delta 8 THC state laws N-Z

 

“The NDA regulates the growth and handling (which involves limited processing) of raw hemp but does not regulate processed hemp products ready to be consumed, like CBD oil, seed oil, hemp hearts and other processed products.”

There is no prohibition, nor regulation of the sale of hemp flower. 

While SB49 included D-8 and D-9 to Nevada’s controlled substances (NRS 453.139), the bill states (Sec. 3.7) that THC means D-8, D-7, D-10 and D-9 THC, and also, that Hemp means any plant of the genus Cannabis and all derivatives, extracts, cannabinoids, isomers,  acids,  salts  and  salts  of  isomers,  whether  growing  or  not, with a THC concentration that does not exceed the maximum THC concentration established by the Department of Agriculture of Nevada (which is 0.3%).

Incidentally, the law also states that the definition of hemp doesn’t include any product or commodity made using hemp. 

If we consider Delta-8 a derivative of hemp, that will mean that it is considered legal in the state. If we consider Delta-8 a product or a commodity of hemp, it would be considered illegal under the current law. 

In this sense, the line may be blurry and subject to enforcement.

 

1.  Delta-9-tetrahydrocannabinol;

2.  Delta-8-tetrahydrocannabinol; and

3.  The optical isomers of such substances.

NRS 453.096  “Marijuana” defined.

1.  “Marijuana” means:

   (a) All parts of any plant of the genus Cannabis, whether growing or not;

   (b) The seeds thereof;

   (c) The resin extracted from any part of the plant, including concentrated cannabis; and

   (d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

2.  “Marijuana” does not include:

   (a) Hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS or any commodity or product made using such hemp; or

   (b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

 

 

“‘Hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

“Retail sales of hemp products processed outside the State may be conducted in the State when the products and the hemp used in the products were processed and cultivated legally in another state or jurisdiction that has the same or substantially similar requirements for processing hemp products or cultivating hemp as provided by P.L.  

 

HEMP FINAL RULE – 20.10.2 NMAC HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING “30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I: the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:

(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; 

 

ARTICLE 33: CONTROLLED SUBSTANCES. TITLE 1 § 3302

“Marihuana” means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

The term “marihuana” shall not include:

(a) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;

(b) hemp, as defined in subdivision one of section five hundred five of the agriculture and markets law;

(c) cannabinoid hemp as defined in subdivision two of section thirty-three hundred ninety-eight of this chapter; or

(d) hemp extract as defined in subdivision five of section thirty-three hundred ninety-eight of this chapter.

Schedule I. (d) Hallucinogenic substances.

(13) Marihuana.

(21) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:

/\1 cis or trans tetrahydrocannabinol, and their optical isomers

/\6 cis or trans tetrahydrocannabinol, and their optical isomers

/\3, 4 cis or trans tetrahydrocannabinol, and its optical isomers

(since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered).

 

SENATE BILL 352 -SECOND EDITION. AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT. (13c) “Hemp product” means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. “Hemp product” does not include smokable hemp.

 

 

Senate Bill 57  “‘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 delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.”

“‘Delta-9 tetrahydrocannabinol; means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of delta-9 tetrahydrocannabinol.”

There is no mention about the sale of hemp flower. Since hemp flower is legal federally and there is no mention of any prohibition or regulation.

 

In SB 868: “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis.”

No license is needed to sell hemp products in Oklahoma. In SB 238: ” Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp.”

 

 

“Industrial hemp.” A plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis.

“Product.” A finished product containing industrial hemp which:

(1) Is a cosmetic, food, food additive or herb.1234567891011121314151617

(2) Is for human use or consumption.

(3) Contains any part of the hemp plant, including naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives.

(4) Contains a delta-9 tetrahydrocannabinol concentration of not more than 0.3%

 

 

 

HB 1008 “industrial hemp or hemp, is 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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis”

 

Hemp Rules and Regulations

 

And under Substance abuse and regulations TX hemp is not considered a controlled  substance

 

 

Vermont banned the manufacture and use of hemp-derived Delta-8 THC in April 2021, as they considered it a psychoactive compound that is synthetically made.

 

 

SENATE BILL 5276Sec. 2. RCW 15.120.010

“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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Sec. 5. RCW 69.50.101

(d) “CBD product” means any product containing or consisting of cannabidiol.

(f) “Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp as defined in RCW 15.120.010.

(x) “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or

(2) Hemp as defined in RCW 15.120.010.

(tt) “THC concentration” means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

 

The West Virginia Code states: “‘Hemp’ or ‘industrial hemp’ means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater.” “(1) Notwithstanding any provision of the code to the contrary, a person need not obtain a license to possess, handle, transport, or sell hemp products or extracts, including those containing one or more hemp-derived cannabinoids, including CBD.” “(5) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under this article and rules promulgated under §19-2E-7 of this code. 

 

2019 WISCONSIN ACT 68 defines hemp as 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 THC concentration of not more than 0.3 percent on a dry weight basis

 

HB 0171: “‘Hemp’ or ‘hemp product’ means all parts, seeds and varieties of the plant cannabis sativa l., whether growing or not, or a product, derivative, extract, cannabinoid, isomer, acid, salt or salt of isomer made from that plant with a THC concentration of not more than three‑tenths of one percent (0.3%) on a dry weight basis when using post‑decarboxylation or another similarly reliable testing method” “‘THC’ means tetrahydrocannabinol, the psychoactive component of the cannabis plant, with the scientific name trans‑delta 9‑tetrahydrocannabinol.”

D-8 THC = Legal, Wyoming has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC. D-8 is a cannabinoid that is derived from hemp State of Wyoming Legislature

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