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Almost 1 in 3 States Have Banned Delta-8 THC

Research company releases state-by-state analysis of delta-8 THC's legal status.

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CBD Oracle, a cannabis consumer research company, has released the first state-by-state map of delta-8 THC's legality that is both publicly available and reviewed for accuracy by an attorney.

The 2018 Farm Bill and state laws that followed created a confusing patchwork of different regulatory schemes for hemp, and the new CBD Oracle map is designed to help the hemp industry and customers navigate current laws.

CBD Oracle, working alongside Neil Willner, co-chair of the cannabis group at Royer Cooper Cohen Braunfeld, combed through the laws of each state and looked at the federal picture to produce the map.

"Accurate information is an absolute necessity for any industry, let alone an industry that evolves on a seemingly daily basis like cannabis," Willner says. "Unfortunately, inaccurate information spreads like wildfire, especially in cannabis. CBD Oracle's mapping project provides an essential trusted source of information to rely on for both consumers and manufacturers alike."

The analysis found that 17 U.S. states have banned delta-8 THC, and seven others have severely restricted the cannabinoid. Bans in states like Colorado, Nevada and North Dakota target the "isomerization" process used to produce delta-8 THC from CBD, while others – like California and Maryland – only allow delta-8 THC in the regulated marijuana industry.

In 21 states and Washington D.C., delta-8 THC is broadly considered legal. Unfortunately, only a handful of these states (Alabama, Florida, Kentucky and Wyoming) have laws stating that delta-8 THC should only be sold to adults.

The map will be kept up-to-date as laws change, making it an invaluable resource for companies trying to stay compliant with both state and federal law. Compliance helps everyone, producing safer products, saving money on police enforcement and giving budding businesses a stable baseline to build from. CBD Oracle's map offers clarity for consumers and the industry, ensuring that nobody accidentally breaks the law.

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