The emergence of delta-8 THC has divided opinion within the industry, but the high-inducing cannabinoid is nonetheless being sold widely across the US due to the legal uncertainty around it. So how can delta-8 THC – which undoubtedly has psychoactive effects when consumed – be sold so openly, especially in states that do not allow cannabis sales? The simplest answer is that delta-8 is surviving – even thriving – in a legal grey area created by the 2018 US Farm Bill.

This report examines federal law on delta-8, notes trends that are happening at state level, and discusses what the future may hold.

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Table of contents

  1. Executive summary
  2. Introduction
  3. What is delta-8 THC and how is it made?
  4. Federal law
  5. The future of delta-8 THC

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