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Delta 8 THC State laws A-M

Review of State Laws by A-M

ALABAMA CODE 2-8-381 §2-8-381.

“(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and for cultivation if the seeds originate from industrial hemp varieties.

“(4) INDUSTRIAL HEMP or HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (l4) of Section 20-2-2.

 

Under the Farm Bill, industrial hemp is legal in Alaska, but hemp-derived products remain unregulated.

ARTICLE 1. OFFENSES RELATING TO CONTROLLED SUBSTANCES. CHAPTER 71. CONTROLLED SUBSTANCES. Sec. 11.71.160. Schedule IIIA: (f) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation: hashish, hash oil or hashish oil; Tetrahydrocannabinols.

 

  1. 36-2512. Substances in schedule I The following controlled substances, unless specifically excepted, are included in schedule I: 3. Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for the purposes of this paragraph, “isomer” includes the optical, position and geometric isomers): (w) Cannabis, except the synthetic isomer of delta-9-tetrahydrocannabinol. 

 

No person can grow, handle, store, market or process hemp plants, seeds, leaf or floral material without first obtaining a hemp license issued by the Arkansas Department of Agriculture. 

However, unfortunately, Delta-8 THC is not legal in Arkansas, due to House Bill 1415, which classifies any salts, isomers or salts of isomers of tetrahydrocannabinols as schedule VI substance.

SECTION 1. Arkansas Code § 5-64-215 is amended to read as follows: 23 5-64-215. Substances in Schedule VI. (a) In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214, any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:(2) Tetrahydrocannabinols;

 

Although Delta-8 THC is currently legal, the state’s legislature is currently discussing bills -AB-45 and SB 235- that, on their current form, could ban Delta-8 THC from California’s market. 

 

 

TITLE 16. CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT§ 4701 Definitions (28) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include products approved by the US Food and Drug Administration. § 4714 Schedule I. (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration;

 

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

(e) “Hemp extract” means a substance or compound intended for ingestion that is derived from or contains hemp and that does not contain other controlled substances.

 

 HOUSE BILL 213 (3) ‘Federally defined THC level for hemp’ means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. Section 5940, whichever is greater. 7 U.S. Code § 5940.Legitimacy of industrial hemp research (2) Industrial hemp The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (5) ‘Hemp’ means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.(6) ‘Hemp products’ means all products with the federally defined THC level for hemp-derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration. GA HB847

 

SECTION 15.  Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows: “(g)  Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered); provided that tetrahydrocannabinols under this subsection shall exclude tetrahydrocannabinols in hemp;

HB2689

 

37-2705. SCHEDULE I. (d) Hallucinogenic substances. (27) Tetrahydrocannabinols, except in hemp with no more than three-tenths of one percent (0.3%), or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following: Tetrahydrocannabinols:

 (720 ILCS 550/3) (from Ch. 56 1/2, par. 703)(a) “Cannabis” includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act.

 

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, for any part of the Cannabis sativa L. plant.

 

Regulators have interpreted Delta-8 THC as unlawful according to Iowa state code §124.101 subsections 20.

 

 

SENATE BILL NO. 263 New Section 1.(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis sativa L. (5) ‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis. Sec. 4. K.S.A. 2017 Supp. 21-5701 is hereby amended to read as follows: 21-5701. (j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include: (3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed

2-3901

 

The Kentucky Department of Agriculture (KDA) sent out a letter in April 2021, stating distribution of Delta-8 is illegal, and -as of then- law enforcement is prone to go against any establishment dealing with D-8. The Kentucky Hemp Association sued the state in July 2021, asking a state judge to stop police from targeting Delta-8 products. 

 

RS 40:961. PART X. UNIFORM CONTROLLED DANGEROUS SUBSTANCES LAW §961.1. Industrial hemp exemption Notwithstanding the definitions provided for in R.S. 40:961(6) and (26), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950. Acts 2019, No. 164, §2, eff. June 6, 2019.

 

 TITLE 7: AGRICULTURE AND ANIMALS. PART 5: PLANT INDUSTRY. CHAPTER 406-A: HEMP §2231 1-A(d)

 “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. “Hemp” includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law. “Hemp” does not include marijuana for medical use pursuant to Title 22, chapter 558‑C or adult use marijuana pursuant to Title 28‑B, chapter 1.

 

 

Amendment #487 to H.4879 “Hemp Products”, all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.  Section 122. (a). Hemp-derived cannabinoids, including CBD, are not considered controlled substances or adulterants (c) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under the State Hemp Program.

 

Michigan Governor recently signed various laws, including one which regulates the sale of Delta-8 in the state. Under this new law, beginning October 11, 2021, businesses will not be able to Delta-8 products without proper licensing by the MRA. 

 

Subd. 3.Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.

 

 

 

Hemp Authorized as Agricultural Crop 

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