How You Can Legally Get High on THC Almost Anywhere in the U.S.

Orginally posted by Lifehacker

This morning, New York finally passed legislation to legalize recreational cannabis, making it the 16th state to do so, and the second largest by population after California. Legally partaking for fun is now an option for around 91 million Americans over the age of 21—but even if you aren’t one of them, you don’t have to let stoner FOMO rule your life. Because there’s actually a 100 percent federally legal way to consume THC—and get high—almost anywhere in the U.S.

I learned this as I learn most everything these days, from a podcast—specifically, from an ad during one of the many film podcasts I listen to when I need to quiet my restless mind. The ad promoted a company selling something called delta-8 THC, which is a modified form of THC—the most famous of the psychoactive chemicals in cannabis, and the one most responsible for making you feel high—derived from hemp.
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How is this stuff legal?

Like the largely non-psychoactive CBD, delta-8 THC is federally legal (or, perhaps more accurately, technically not illegal) because of a loophole in the 2018 Farm Bill that allows for the broad cultivation of hemp and hemp-derived products. According to the non-profit public policy group the The Brookings Institution, the bill “puts no restrictions on the sale, transport, or possession of hemp-derived products, so long as those items are produced in a manner consistent with the law.”

The Farm Bill wasn’t looking to legalize weed, so it features a specific restriction on the levels of THC that can be included in these various hemp-sourced products (from oils to tinctures): .3%, a trace amount too small to get you blitzed or have much of a psychoactive effect at all (though your mileage may vary depending on whether your CBD oil is “full-spectrum,” your personal tolerance levels, or your susceptibility to the placebo effect).

But here’s the tricky part: the Farm Bill specifies hemp products cannot contain more than a .3% “delta-9 tetrahydrocannabinol concentration.” And being it is a separate substance—and just one of more than “120 other naturally occurring cannabinoids known to exist in the hemp plant,” according to a policy article by the law firm Harris Bricken—that makes delta-8 THC totally “legal.”


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You know, technically. For now, at least—in a 2020 ruling, the Drug Enforcement Agency declared “synthetically derived tetrahydrocannabinols” remain a schedule I controlled substance. It’s just that no one has addressed quite yet whether delta-8 THC qualifies as one of those, which means the sale of products containing the stuff currently falls under the jurisdiction of the Food and Drug Administration, just like CBD. But that could change at any point—and in fact, commercial cannabis sellers are actively campaigning to make that happen, concerned about competing with a cheaper product for customers’ dollars. Try Infinium Delta 8 THC products with your CBD order today!

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