Is Delta 8 Legal?

by | Aug 20, 2021 | CBD 101 | 0 comments

Is Delta 8 Legal? Know Your State’s Stance on Delta 8

Delta-8 THC is making headlines across the nation—but is delta 8 legal? As one of the compounds found in cannabis plants, delta-8 tetrahydrocannabinol, when consumed, produces similar effects to delta-9 THC, the more commonly discussed and regulated form of THC. Delta-9 THC is illegal on a federal level despite its legality in some states for medical and recreational use.

Under federal regulations, delta-9 THC is considered illegal in amounts greater than 0.3% under the 2018 Farm Bill. But the same legislation allowing for the widespread rollout of cannabidiol, or CBD, didn’t specify or regulate other compounds found in cannabis like delta-8 THC. This opened the door for access to delta-8 THC in states where delta-9 THC is illegal in concentrations greater than 0.3%.

So is delta 8 legal? Yes, delta 8 is legal on a federal level. However, it’s important to check your state’s regulations, as some states have outlawed sale of products containing delta 8.

What is delta 8 and where is it found?

Delta-8 THC is found in trace amounts in cannabis plants grown legally, including the organically grown hemp plants at Haygood Farms. Our lab technicians use safe and reliable extraction methods to create a delta 8-rich distillate that is a key ingredient in Goodies products. We’ve created a 3:1 CBD to delta 8 ratio in Goodies products that balance out the potential therapeutic properties of delta 8 with the potential benefits of CBD

The result is a safe product that delivers CBD and delta 8 in a convenient format, either ingested as a gummy or inhaled through a vape cartridge.

Where is delta 8 legal?

While delta 8 is a derivative of cannabis plants that are legally grown on a federal level under the 2018 Farm Bill, some states have moved to make the compound illegal based on the lack of research and data about the potential effects. 

States that have made delta 8 illegal include Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Kentucky, Mississippi, Montana, New York, Rhode Island, Vermont, and Utah. 

In all other states, including where Haygood and Goodies products are found in stores, delta-8 products are legal, including in Tennessee, Georgia, Alabama, Florida, North Carolina, South Carolina, Texas, Virginia, Kentucky, and more. 

How to Choose a Delta-8 Product

Because delta-8 and CBD products are generally unregulated, it’s crucial for consumers to read labels and find a trusted brand and product source like Haygood. When shopping at a dispensary or hemp store, look for products without any additives, and ask store associates if the product has been infused or sprayed with delta 8. Here’s why:


  • Goodies delta-8 compound is derived from organically grown hemp plants in Sequatchie Valley, Tennessee. Goodies never sprays—and only infuses—products with delta 8, which guarantees a longer shelf life and won’t wear off in the packaging. 

  • Goodies gummies are naturally flavored, vegan and gluten-free, and packages clearly demonstrate how many milligrams of cannabis compounds in each package.


    Know Your State’s Stance

    Delta-8 products can be an excellent alternative for customers in states where greater concentrations of delta-9 THC are illegal. 

    So is delta 8 legal? Yes, depending on your state’s regulations. Contact us at Haygood with more questions—we’re happy to guide you to the most appropriate product for your needs.