When talking about cannabis laws in the United States, it’s important to remember that there are three different bodies of law to consider: federal, state-level laws, and local ordinances. And when it comes to enacting legislation, the states wield considerable authority, owing to the fact that they are free to enact legislation that is inconsistent with federal guidelines. Cannabis is managed differently at the federal level than it is at the state level, according to federal law. How does the distinction between federal and state cannabis laws manifest itself in practice? The short and sweet version is as follows: Federal: Any hemp-derived product that contains less than 0.3 percent Delta-8 THC is legal as long as it does not contain any other psychoactive ingredients. State: Because each state is responsible for upholding its own laws, it is up to them to decide whether to legalize marijuana completely, allow only for medical purposes, or outright prohibit it. It goes without saying that, given the fact that there are 50 states, state laws can become extremely complicated. Prior to getting into that, let’s take a look at the federal laws that govern cannabis use.
Cannabis Regulations on the Federal Level
In the past few years, cannabis plants have been classified as a single species, which is how they would be classified from a botanist’s perspective. When cannabis and its products were classified as a Schedule I substance, which is defined as “drugs with no currently accepted medical use and a high potential for abuse,” things began to change dramatically. Other drugs such as heroin, cocaine, crystal meth, and crack are examples. The Farm Bill also resulted in a significant shift for the cannabis industry, as it distinguished hemp from cannabis, and as a result, hemp was moved down from its previous Schedule I classification. As a result of this modification, the Farm Bill fundamentally altered the legal landscape for cannabis. This section of the Farm Bill is historic because it was the first time in history that hemp and marijuana were recognized as distinct from one another in terms of legal status.
Both plants are classified as Cannabis sativa, which means they are the same plant in terms of botany.
Each state has its own set of marijuana regulations.
Each state has its own set of rules and regulations governing the purchase and sale of cannabis products. And, after the Farm Bill signed into law in 2018, the vast majority of states immediately changed their laws to comply with its regulations. This is what sparked the explosion of CBD products, which began around the same time and has continued to grow to the present time.
Increasing the availability of hemp has been a positive development in the majority of states. Because it has opened up a new industrial field for farmers and vendors to profit from.
On top of that, the introduction of hemp provided the general public with a non-intoxicating product. Thereby providing an alternative to the opiate epidemic, which has wreaked havoc across all 50 states.
But, in the end, it is the marijuana laws that differ so widely from one state to the next. For example, states such as California and Washington have amended their laws to permit the use of marijuana for both medical and recreational purposes. Meanwhile, it is illegal in some states, which classify it as a Schedule I drug and prohibit its use entirely.
What Do You Think of Delta-8?
Throughout this conversation, we’ve been talking about the federal and state laws that govern cannabis use. So, what is the relationship between these laws and Delta-8 THC? The addition of Delta-8 complicates matters even further, as the language used to describe it is far too vague to provide any insight into its legal standing. The reason for this is primarily due to the fact that the Farm Bill’s language specifically addresses Delta-9.
What is the impact of Delta-8 on the legalization of marijuana?
As a result of the Delta-8 incident, state legislators have scrambled to review their cannabis laws. Some are attempting to change the language of the laws in order to make cannabis illegal.
There is, however, a problem with this: Delta-8 THC can be extracted from hemp, which is a huge advantage for those involved in the hemp industry, and there have been no problems as a result of the matter. Furthermore, because full legalization expected in the majority of states in the near future, there has been little incentive to prohibit Delta-8 if we can expect to see all cannabis products legalized in the near future. For example, Alabama legislators revisited House Bill 2 in order to include Delta 8 and Delta 10 in the bill, effectively prohibiting the use of both substances. However, these provisions removes from the bill before it passed.
Shortly thereafter, a bill passed in Alabama that, for the first time in history, legalized medical marijuana. Resulting in a sea change in the state’s attitudes toward marijuana, which had previously been extremely negative.
In many other states, similar incidents have occurred, prompting some legislators to keep Delta-8 banned or to remove it entirely from the list.
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