Is Delta-8-THC legal in United States?

Legal status

Controlled. Schedule I under the Controlled Substances Act, at 21 CFR 1308.11(d)(31). Reached by a class entry that defines a structure rather than a name. This cell states federal law only. Every state has its own controlled substances act and several differ from the federal schedules, so check the law of the state you are in.

Consequences if caught

It is not listed by name. It is reached by a class entry at 21 CFR 1308.11(d)(31), which defines a chemical structure rather than listing names, so a compound nobody has written down is caught if it fits the definition. Hemp is excluded from the definition of marihuana by 21 USC 802(16)(B)(i), and 7 USC 1639o defines hemp by a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Paragraph 1308.11(d)(31)(ii) carries the same carve out. Whether a cannabinoid made from hemp but not naturally present in it falls inside that carve out is contested, and nothing here asserts an answer. Supply is 21 USC 841. Unless the substance appears in the weight tables of section 841(b)(1)(A) or (B), it falls to section 841(b)(1)(C), which reads that such a person 'shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life'. There is no mandatory minimum under that paragraph, which is not the same as a light penalty. Simple possession is 21 USC 844(a), up to 1 year and a fine of at least 1,000 dollars on a first offence, with higher figures after a prior conviction. The section excepts a substance 'obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice'.

If prescribed or medical

Schedule I placement means no accepted medical use in treatment in the United States, so there is no ordinary prescription route. Research handling requires registration with the Drug Enforcement Administration under 21 USC 823.

Documentation

Carry any prescribed medicine in its original labelled container with the prescription. Federal law and the law of the state you are entering can differ, so confirm both before travel.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with United States’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.