Is Delta 8 Legal?

is delta 8 legal?

If you’ve visited our Raleigh storefront, then you know how much we love delta 8 THC. The most common question we hear about the newly discovered compound is “is delta 8 legal?”. As of right now, delta 8 is fully legal in North Carolina and the majority of U.S.. Modern Apotheca founder Eric Stahl recently sat down with Holden Kurwicki of CBS17 to discuss the topic in depth.

Is delta 8 legal?
Click to watch our latest interview with CBS17.

Because delta 8 is a compound found in hemp, it’s protected under the 2018 Farm Bill, which federally legalized the use and sale of industrial hemp. Under the law, hemp is considered any strain of cannabis with 0.3 percent of delta 9 THC or less. At the time, delta 8 wasn’t yet discovered. 

What makes delta 8 legal? While delta 8 is technically protected under the 2018 Farm Bill, it’s mild “high” has many states concerned on how to manage it. Some states have already banned delta 8 and more states want tighter regulations on the compound. However, whenever we are asked “how is delta 8 legal”, the answer is simple: Delta 8 is legal since it is derived from legal industrial hemp extract and contains less than 0.3% Delta-9 THC.

Is Delta 8 Legal in North Carolina?

Because the 2018 Farm Bill only places tight restrictions on delta 9 THC, delta 8 is 100 percent legal in North Carolina. You can buy delta 8 in various ways, such as oils, edibles and vaping products. Since marijuana is still illegal in North Carolina, delta 8 products, along with CBD products have exploded in popularity. 

While delta 8 is legal today, lawmakers have already tried to tighten down on regulations in North Carolina. Because of delta 8’s mild intoxicating effects, many lawmakers see it as a “loophole” for people to get high off hemp. Thankfully, a ban on delta 8 doesn’t seem to be on the horizon for our state yet. 

What About Other States?

Where is Delta 8 Legal and How does the rest of the country compare to North Carolina when it comes to delta 8 THC? As of 2021, the following states have a full ban on delta 8:

States Where Delta 8 is Illegal 

  • Alaska
  • Arizona
  • Arkansas
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Rhode Island
  • Utah

As of right now, Delta 8 is legal all other U.S. states, but that is always subject to change. Many of the states listed above have tight restrictions on cannabis as a whole, making them especially hesitant to allow hemp producers to sell delta 8 products. Because delta 8’s properties are still being studied, only time will tell how each state will handle it. 

While newly discovered, delta8 is already being studied for pain management and anxiety, among other health conditions. To many users, it offers that little extra bit of relief that they didn’t get with CBD. And, there’s growing evidence to suggest delta 8 could be effective for pain management. 

Our Hope for the Future

Our hope, along with the thousands of cannabis businesses who rely on delta 8, is that more and more people will see its benefits. If you decide to try delta 8, consider supporting your local hemp producers and talk to them to educate yourself on the effects of delta 8. 


If you live in North Carolina and you’re ready to give delta 8 a try, come see us at Modern Apotheca in North Raleigh. As one of the first hemp companies to carry delta 8 products, we can answer any questions you have and help you choose the perfect product for you. You can also shop online with us today!

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Welcome to Modern Apotheca

Hemp & CBD Specialists in Raleigh

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