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Is Delta 8 THC Legal?

Delta 8 THC’s legal status is an issue that’s discussed often given that there are countless websites, discussion boards, and advertisements full of misinformation online. While marijuana has been famously prohibited by the U.S. government for decades, it’s not intuitively clear why some cannabis products are now legally purchasable and in which states they can be legally bought and consumed. In this blog post we’ll focus on products made specifically with Delta 8 THC, the less-psychoactive cousin to common Delta 9 THC, to clear the air on how federal and state laws may potentially affect when and how you can consume IndaCloud products.

Is Delta 8 THC legal?

Yes, Delta 8 THC is currently legal in 39 states. At this time, it’s illegal to consume Delta 8 in or ship to Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. 

So, is Delta 8 THC legal at the federal level?

Yes, Delta 8 THC is federally legal under the 2018 Farm Bill. The text of the bill states the federal legality of hemp and hemp-derived products such as Delta 8 THC containing less than 0.3% Delta 9 THC on a dry weight basis. As per the law, “Tetrahydrocannabinols in hemp” are also now removed from Schedule I of the CSA’s controlled substances list pursuant to 21 USC § 812 (c)(17).   

How does IndaCloud keep Delta 8 products in compliance?

We consistently monitor local legislation to ensure compliance for our store partners and customers. We will always work within the letter of the law and encourage new regulations to ensure testing and consistencies within our industry.

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Why are other cannabis products illegal in the United States?

Access to legal cannabis in America is greatly limited because cannabis is still classified as a Schedule 1 narcotic. The scheduling decision was made when the DEA’s Controlled Substances Act was passed in 1971 – amidst President Nixon’s War on Drugs – and it states that cannabis is considered an illegal drug with no health benefits whatsoever and a high probability for abuse. It’s a categorization that flies in the face of the latest cutting-edge research into the plant’s medicinal potential, and defying even some of the oldest medical texts in existence.

Will Delta 8 THC show up on a drug test?

Yes. If you’re not allowed to consume THC for your professional position or other purposes for which you’re drug tested, you should also avoid Delta 8. Delta 8 can show up on a drug test similar to Delta 9 THC and full-spectrum CBD.

Is there an age limit on purchasing?

Yes, there is an age limit for purchasing Delta 8, but it differs in each state. Before using Delta 8, confirm that you can legally consume it in your state. Many states have an age limit of 18 years or older to purchase hemp products.


All IndaCloud content on our site is for general educational and informational purposes only and should not be construed as medical claims or advice. No information on this site should be relied upon to make any determinations or diagnosis and does not replace the care of a medical professional. No information on this site should be used to diagnose, treat, prevent or cure any disease or condition.

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