Is Delta 8 Flower Legal? — Latest Updates

Delta 8 hemp flower seems to be everywhere these days. We offer a few varieties here at Secret Nature.

What exactly is delta 8, though, from a legal perspective? You might have seen recent news stories about various states “banning” delta 8 THC. There’s some truth to that, but the headlines don’t tell the full story.

Get the real truth about delta 8 legality here. Along the way, we’ll learn a lot about how cannabinoids are regulated.

What is delta 8 flower?

Delta 8 flower is hemp flower that contains high concentrations of the ∆9 THC analogue ∆8-tetrahydrocannabinol, more commonly known as delta 8, D8, or ∆8. There are two very different ways to make delta 8 hemp flower, and these distinctly separate product categories are subject to different regulations.

2 different types of delta 8 flower

You can make delta 8 hemp flower by converting ∆8 from CBD or another cannabinoid and spraying it on hemp nugs with a diffuser. The resulting product usually contains a mix of CBD and delta 8, and it can include D8 concentrations anywhere from 5-20%.

Just like hemp was bred to be high in CBD, though, it’s also possible to breed CBD or CBG hemp flower to be high in ∆8 and other THC analogues. Since the environment currently allows it, we offer both types of delta 8 products at Secret Nature. We’ll immediately comply with any relevant regulations.

— Delta 8 flower with added D8 —

This type of delta 8 flower runs the gamut from the despicably shady to the connoisseur-crafted. Essentially, you take a base of hemp flower (which can be biomass, mid-grade, top-shelf, or anything in between) and use a mister to spray it with aerosolized delta 8 THC isolate.

While cost-effective and efficient in exploiting the recent surge of interest in ∆8, this type of delta 8 flower poses the most concern from both safety and regulatory perspectives. It’s likely that a federal rethinking of hemp products with added cannabinoids is imminent.

— Delta 8 flower with natural D8 —

If hemp flower naturally contains more than around 1% delta 8, there’s no chance it’s anything but top-shelf. It has only recently become possible to breed high concentrations of ∆8, so any brands offering natural delta 8 flower clearly have their ducks in a row.

Secret Nature Super Spectrum is actually the only hemp blend we know of that contains close to 1% natural ∆8 THC. It also contains compliant levels of THC, THCA, and THCV, raising the total THC concentration well above 0.3% without containing more than ∆9-tetrahydrocannabinol on a dry weight basis.

The legal difference

In May 2021, the State of Colorado followed Oregon by banning hemp products with added delta 8 THC. This move follows an outcry from state recreational cannabis producers who have been significantly impacted by the rise of online ∆8 sales.

This is bad press for delta 8. As the FDA continues to struggle with putting together comprehensive regulation just for CBD, ∆8 is an additional worry that jeopardizes the entire stability of federal cannabis mainstreaming.

Before we get carried away, though, there are a few factors to keep in mind:

  • This move was primarily motivated by the threat to recreational cannabis tax revenue posed by delta 8 — not consumer safety
  • The Colorado Health Department specifically targeted forms of added isolate D8 by saying the following:
  • “The Division of Environmental Health and Sustainability… is providing this notice to industrial hemp registrants to clarify that chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product.’

It’s then pointed out that this statement only applies to chemically modified THC:

  • “This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10-THC, or other tetrahydrocannabinol isomers or functional analogs.”

Where things are headed

It’s pretty clear that states like Colorado, Oregon, Washington, and California — which are (to be quite blunt) addicted to cannabis tax revenue — will raise a holy furor over the damage ∆8 is doing to recreational weed sales.

Along the way, any slinking rats on the ship will be thrown overboard. You know who we’re talking about — those extremely shady D8 salesmen on Instagram who don’t even care what they’re selling.

But, delta 8 isn’t going away. The cat is out of the bag — you can buy a substance that’s essentially the equivalent of ∆9 THC online, and not on the Dark Web, even.

The whole situation is indicative of an overall change in our cultural narrative surrounding cannabis. Consumers simply won’t stand for cannabis prohibition anymore, and the federal government is slowly submitting to the “death by a thousand cuts” on this issue.

Here are some of the prevailing factors going against federal cannabis prohibition in general:

  • The sordid history of the War on Drugs — and the lies and ruin left in its wake.
  • The rise of CBD, and the accompanying passage of the 2018 Farm Bill, opening the way to federal cannabis legalization — eventually.
  • The sudden, terrifying rise of delta 8, utterly shattering the recreational cannabis paradigm, which is itself bound by a prohibition-rooted mindset.

Those are only a few. The FDA has clearly indicated it wants to streamline CBD, and even though the goalposts keep shifting, the only way for the federal government to go is forward — the resources necessary for an authoritarian clamp-down on delta 8 simply can’t be allocated.

Secret Nature’s stance

We all want the same thing — freedom to do what we want tempered by responsibility not to harm others. The research still isn’t clear, but there doesn’t appear to be anything particularly harmful about CBD, delta 8, or even ∆9 THC for that matter — especially when compared to common alternatives.

At Secret Nature, we think consumers should have the right to decide what to use as long as they’re educated enough to make the right decisions. It’s up to the federal government to decide how to regulate ∆8, and we’ll instantly comply regardless.

Along the way, we’ll continue advocating for the real and massive benefits that delta 8, CBD, and many other cannabinoids can offer to people from all walks of life. We’ll do our part by producing the best hemp buds ever grown — indoor-cultivated, organic, and unique.

Delta 8 law FAQ

Any questions?

1. Is delta 8 federally legal?

That depends. The federal government hasn’t clarified its general stance on isolated cannabinoids added to hemp products other than ∆9 THC, which is still synonymous with the Schedule I drug “marijuana.”

The DEA is clear, however, on its stance toward modified cannabinoids — they’re illegal. In exactly which capacity and subject to exactly which repercussions, we aren’t quite sure. Legal battles are ongoing in DC, and we’re likely to see a favorable outcome.

2. Can I order delta 8 online legally?

Yes, there are plenty of delta 8 products you can order online that only contain this cannabinoid in natural concentrations. Regardless of how the federal government ends up coming down on modified cannabinoids, natural cannabinoids in Cannabis sativa other than ∆9 THC will continue to be protected under the 2018 Farm Bill.

3. Are delta 8 carts safe?

Usually, no. We’d say the majority of delta 8 carts on the market are unsafe, actually.

Secret Nature delta 8 carts are different, though. We take a base of ultra-refined delta 8 distillate, add organic cannabis terpenes, and leave all the additives and dangerous junk to the Instagram scammers.

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"Everyone has the right to choose what they consume. We believe in creating the most premium cannabis products that will enhance anyones chosen lifestyle."

Tyler William, Founder and Ceo