Delta 8 legality in non medical/rec states

Wondering if anyone on here has any insight as to the legal status of delta 8 THC in states with a hemp program like wisconsin- is it considered an analogue or is it unrestricted?


Banned explicitly by the dea. Delta 8 and 9.


Thanks bud :raised_hands::+1:

Where does it say delta 8 is banned?

I’m pretty sure delta 8 is only illegal if made from THC


I guess my idea is out of the bag.

If you use a non schedule 1 drug to make delta 8 it would be legal ( such as hemp)

If you read the drug code 7370 which pertains to delta 8 its talking about “marijuana extract”

Industrial hemp isnt considered marijuana anymore

Read this

The above statement says if an isomer is made from a schedule 1 it’s illegal, hemp isnt a schedule 1 :wink:


Technically speaking Delta 8 is Schedule 1 as noted previously. The DEA doesn’t have the resources nor the inclination currently to deal with anything related to D8/9 coming from industrial hemp. That being said, if you are talking about doing anything beyond making some for yourself (i.e. distribution) you may be inviting some unwanted attention if not by them then by local law enforcement. Truth be told, the DEA is primarily focused on the opioid crisis and meth right now and they don’t actually do much with cannabis operations unless it happens to just fall in their laps. On the other hand, local law enforcement agencies still display considerable enthusiasm for shutting down illegal cannabis operations even in places like here in CO. It is somewhat of a gray area but proving that you are making D8 from industrial hemp is probably not a thing you want to use as your defense, that could just as easily work against you. After all, there are many illegal substances that can be manufactured from legal precursors. So, it’s just a question of how lucky you feel. Having a good lawyer on retainer would be a good idea regardless though.


Yeah but it also says right here that it’s illegal


It says it right there nexg to delta 9. No mention of where it came from. Also listed near synthetic thc dronabol


Just goes to show how disorganized the feds are…


I feel like you are doing some mental backflips to try to use the positional isomer rule change as a legal means to produce hemp derived thc8.

Please explain further I am very lost- where does it state that hemp derived D8 is not an isomer of D9?


Read what I put above it explains it. No one who replied to any of my posts even read the DEA article # 7370 which talks about MARIJUANA EXTRACTS.
(Industrial hemp isnt marijuana btw)

I also posted where it talks about isomers of schedule 1 drugs

Read below. Any isomer of a schedule 1 is illegal which is why delta 8 is illegal when made from thc.

I’m actually meeting with an attorney on this who thinks I could be on to something xD

Read below, especially #5 it talks about exclusions from the rule…

Hemp isn’t marijuana!!! Diction is everything.


Like I said “industrial hemp” isn’t marijuana. This excludes it from ruling 7370 as stated above…

"If a product, such as oil from cannabis seeds, solely consisting of parts of the cannabis plant excludes from the CSAs definition of marijuana such product would not be included in the new drug code 7350 or in the drug code for marijuana 7360 EVEN IF CONTAINING TRACE AMMOUNTS OF CANNABINOIDS"5

5 then states that this product wouldnt be included under drug code 7370.

Marijuana and industrial hemp are 2 totally different things under the definition of law now.


Go read rule 7370 and its exemptions. I explained it pretty well.


(32)(A) Except as provided in subparagraph ©, the term “controlled substance analogue” means a substance—

(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;

(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or

(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.

I think you are playing with fire, but this lemming will be right behind you if it works out.


You understand where I’m coming from through right? I know I’m playing with fire, I want to take on the feds on this issue though. I mean technically cbd is an isomer of thc, they have the same # and kinds of atoms. It’s a tough one that’s why I want to do it, I feel like the law is really unclear and it could be a loop hole.


100%. Kicked it around too. Pesticide free water clear that can be shipped legally to end users risk free! Sounds too good to be true tbh


What about if we could make delta 10a from cbd, it’s not listed on there under 7370 and it’s not psychoactive. You think maybe delta 10a would be a better loop hole?

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I think thats how people are gonna formulate cbd carts in the end. cbd distillate mixed with cbn distillate and terps


Isnt cbd considered an isomer of thc? Since they have the same # and kinds of atoms?


If this was a perfect world you could tell the government it’s their fault for half assing laws that put people in actual cages and just boom legal d8. @Akoyeh has noted before that certain states explicitly ban certain isomers


I saw someone talking about that. I couldnt imagine not having delta 8 it’s all I make lol my people use it as medicine