Despite Delta 8 THC being presumed federally legal by many proponents of the substance, some states have banned the substance. States such as Delaware, Idaho, Colorado, Arkansas, and Alaska now have laws making Delta 8 THC illegal. Proponents presume Delta 8 THC to be legal only if it is obtained from Farm Bill compliant hemp with Delta THC 9 quantities not exceeding 0.3%. This is all controversial and confusing to us non-lawyers.
The Farm Bill passed in 2018 stipulates that cannabinoids, extracts, oils, and other cannabis products obtained from the hemp plant are not under the category of cannabis controlled substances since these cannabinoids are derived from hemp and does not exceed 0.3% THC. Therefore, merchants and farmers seeking to profit from Delta 8 THC in a way thought to be legal are sourcing the compound from hemp, rather than marijuana crops, just like is done with CBD.
The economic viability of Delta 8 THC products and their availability in the market is challenging because hemp farmers cannot extract quantities of raw Delta 8 THC in significant enough quantities from hemp to make it economically viable for commercial use. Marijuana crops could be a more economical source for extracting Delta-8-THC for commercial purposes but marijuana is still categorized as a controlled substance under Federal Law and is restricted under the Controlled Substance Act. Consumers and authorities hence have to ensure the Delta-8-THC products available for purchase in the market are extracted from hemp with the allowable levels of THC and that the product is compliant with their individual state laws.
Hemp cultivators are therefore converting production of CBD to Delta 8 in order to produce large quantities of the compound that can substantially fit the commercial market. Delta 8 THC extracted from hemp CBD falls under the category of hemp which is legal. The Farm Bill defines hemp as the entire plant and all the cannabinoids that it contains. Since it does not distinguish the plant from its properties, CBD extracts from hemp may put Delta-8-THC in the same category i.e. not a controlled substance but we will see how the various legal challenges resolve the controversy.