THE PROMISE AND PERIL OF DELTA-8 THC
Hemp-derived Delta 8-THC has recently received attention as a possible legal alternative to Delta 9-THC derived from regulated cannabis. The hemp-derived Delta 8 issue has made headlines, from The New York Times to Hemp Industry Daily. Is it legal? It’s unclear at the federal level, and in some states, Delta-8-THC derived from hemp is illegal, even when hemp is legal.
Generally, any substance derived from hemp is legal under federal law (and most states’ laws) because hemp is excluded from the definition of “marihuana” under the Controlled Substances Act. In addition, in Colorado, licensed cannabis business may put hemp ingredients into cannabis products as long as the hemp THC content is below 0.3%. McAllister Garfield has recently interacted with the MED to clarify that it likely is a violation of state law to use hemp-derived Delta-8-THC and convert it to Delta 9-THC to supplement the THC content in a cannabis product. Any state licensed cannabis business considering this should consult with McAllister Garfield before proceeding.
Outside of the regulated cannabis industry, the sale of Delta 9-THC remains a gray area that should be carefully reviewed.
Cannabis and hemp industry participants looking to produce or sell Delta-8-THC should consider their legal liability. If you have questions about Delta-8-THC or any other issue concerning hemp, please contact Dan Garfield at 720-722-0048.
Related Article
Psychedelic Therapy & Law Update – April 2026
President Trump to Issue Executive Order on Ibogaine President Trump will sign an executive order opening doors for more federal reserach on ibogaine, the naturally occuring psychedelic substance with indigenous roots in Africa. For more information, see this article by clicking here. Ibogaine has shown significant benefits for veterans suffering from war trauma, those suffering from […]
Psychedelic Therapy & Law Update – March 2026
Colorado starts the rulemaking process again for NMHA program changes DOR Natural Medicine Division is proposing several rules changes to the NMHA rules. These proposed changes include a significant increase in the cost of standard healing center licenses (from $6k to over $10k). Other proposed changes include adding an owner entity fee, prohibiting cultivator sampling […]
Psychedelic Therapy & Law Update – February 2026
Maryland and New Jersey moving toward creation of psilocybin programs The Maryland Task Force on Responsible Use of Natural Psychedelic Substances, in a report near the end of 2025 endorsed the creation of a regulated psilocybin program in the state. The recommendation still needs to be adopted by the Maryland legislature, but this is an […]