Is it Legal to Smoke Delta 8 in Public?

We have seen how the cannabis industry has evolved since the passing of the 2018 Farm Bill. Delta 8 is an effective alternative to Delta 9 due to its moderate high effect. With its rising popularity, questions about where it can be legally consumed have become more pressing.

If you ask, “Is it against the law to use delta 8 in public spaces?” we understand your concerns, and this blog seeks to provide some solid answers.

Can You Smoke Delta 8 while in Public?

If you’re looking for a short answer, here it is: “You should probably not smoke Delta 8 in public.” What we have in mind here are Delta 8 flowers, which fall into the category of smokable hemp products.

Delta 8 THC (sometimes referred to as D8) is legal under federal law. This claim is according to the Agriculture Improvement Act (2018 Farm Bill).

Farm Bill’s legal provision applies if the cannabinoid comes from a hemp plant containing less than 0.3% Delta 9 THC. D8 can be a federally legal compound, but its consumption in public spaces can be subject to different state laws and local regulations.

Generally, public consumption laws are enacted to reduce secondhand smoke. Another purpose of these regulations is to ensure public health. Thus, when you smoke hemp-derived products such as Delta 8 THC, you are violating the said local laws. These restrictions extend to other inhaled cannabis and hemp products, as well.

But there is still a way to enjoy Delta 8. You just have to do it discreetly or responsibly.

We suggest you consider alternatives such as Delta 8 THC vapes or edibles (e.g., Delta 8 gummies). Vape cartridges produce minimal odor compared to smoking Delta 8 flowers. Thus, these federally-legal items allow you to experience any pronounced benefits without violating any local cannabis laws.

Is Delta 8 Legal?

Delta 8 THC is a minor cannabinoid derived from both hemp and cannabis plants. Although it is not a major plant compound, it gained the attention of many users. D8 can offer the same benefits as Delta 9 for a lesser high

However, Delta 8’s legal status is a complex issue influenced by federal and state regulations. In some cases, understanding its legality involves examining the relationships between the Drug Enforcement Administration (DEA), the Controlled Substances Act, and varying state laws.

Delta 8 THC and the Federal Government

On a federal level, Delta 8 THC exists in a somewhat gray area. The 2018 Farm Bill legalized hemp-derived and its derivatives, provided they contain less than 0.3% Delta 9 THC.

However, the Drug Enforcement Agency issued an Interim Final Rule in 2020. It suggests that synthetic cannabinoids still belong to the Schedule I controlled substances list. This creates ambiguity, as many hemp manufacturers produce their Delta 8 THC products through chemical processes.

Delta 8 THC and State Laws

Aside from federal regulations, laws in different states add another layer of complexity to Delta 8 THC’s legal status. While some states have embraced the compound, aligning with what the federal law demands, others have moved to ban or restrict Delta 8 THC products altogether.

Trying to decide between products? Our guide, “Delta 8 Gummies vs Vape,” explores the benefits and drawbacks of two popular ways to enjoy Delta 8 THC. On the other hand, Delta 9 THC is federally illegal in every state. However, after the passage of the 2018 Farm Bill, hemp plants with less than 0.3% Delta 9 by dry weight basis are considered legal on the federal level.

Where is Delta 8 Legal?

Although there is controversy surrounding Delta 8 THC, it remains legal in 22 states and 1 district, with limited regulation. Below are some of these states:

• Alabama
• Arizona
• Arkansas
• Florida
• Maine
• New Jersey

Now, for every state where Delta 8 is allowed, there is another state that has either banned or restricted the cannabinoid. This is because state lawmakers have different points of view on Delta 8 THC. The states that ban Delta 8 are the following:

• Alaska
• Colorado
• Delaware
• Hawaii
• Montana

All things considered, the legality of the Delta 8 map is continually evolving. Legislative updates are still ongoing, reflecting the changing attitudes toward cannabis-derived compounds. Consumers and businesses should regularly check state regulations and updates from the DEA to remain compliant.

What is Delta 8 THC?

Delta 8 THC, short for Delta 8 tetrahydrocannabinol, refers to a naturally occurring cannabinoid present in a cannabis plant. It is one of over 100 cannabinoids produced by the mentioned plant species. However, Delta 8 THC is typically found in very small concentrations.

Delta 8 and Delta 9 THC share similar chemical structures, yet some key differences contribute to its effects and legal status. If you’re wondering whether consuming Delta 8 THC could affect your results in a professional or legal drug screening, check our article ‘Does Delta 8 Show Up on a Drug Test?‘ for detailed insights.

Chemical Structure and Effects

Delta 8 and Delta 9 seem to possess similar molecular structures. However, a closer look will reveal a slight difference in the location of a double bond. Delta 8 has this double bond on its 8th carbon atom, while for Delta 9, this bond occurs on its 9th carbon chain.

Such a small variation significantly impacts Delta 8 THC’s interaction with the human endocannabinoid system, or simply ECS. Delta 8 THC molecules bind to the CB1 receptors of the ECS, similarly to what Delta 9 THC does once it reaches the ECS. However, Delta 8 THC produces a less potent and milder psychoactive effect than Delta 9.

Production and Sources

Because Delta 8 THC exists in very small amounts in the hemp plant, this cannabinoid is often manufactured through chemical means. One cannabinoid is converted into D8 by altering its chemical structure. This process explains why D8 is more accessible for commercial use.

Legality

The federal government treats Delta 8 products as federally legal as long as it is derived from the hemp plant, which contains less than 0.3% Delta 9 THC. The 2018 Farm Bill is a famous federal law that made D8 legal nationwide.

On the other hand, the DEA’s Interim Final Rule, alongside different existing laws per state, creates a patchwork of regulations. So, although you can transport D8 products across state lines, you should still be aware of the current state law you are in with regard to hemp products.