If you’ve ever heard about Delta-8 THC, you know that it’s the hemp compound everyone’s raving about. This extremely popular hemp derivative is flying off the shelves in all D8 friendly states.
But, what you probably want to know is: What’s the legal status of Delta-8 THC in Montana? Let’s look at the laws and regulations on this compound in the Treasure State.
Is It Legal: Montana Delta-8 Laws
Unfortunately, it’s NOT legal. Montana doesn’t allow the sale of Delta-8 THC.
What Is Delta-8?
Delta-8 tetrahydrocannabinol (Delta-8 THC) is a chemical compound naturally found in the hemp plant. It has a slightly different chemical structure than its sister molecule, Delta-9 THC, differing by the location of their double bond. The double bond on D8’s molecule is located on the 8th carbon chain, while on D9’s molecule is on the 9th.
This tiny but notable difference contributes to the distinctive effects of the two compounds. While both cannabinoids are psychotropic, D8 is roughly half as intoxicating as Delta-9. Anecdotal evidence shows that D8 provides a more subtle, mellow, “high” that keeps the user productive. Most people prefer Delta-8 THC over Delta-9 because it doesn’t give them the near-frightening paranoia levels of bliss and the couch-potato high.
Where to Buy Delta-8 in Montana
The Treasure State is one of the dozen states where Delta-8 THC is banned. Therefore, it’s best to avoid ordering D8 products in Montana.
In case things change in the state or you’re traveling to D8 friendly states, like Florida, here are some tips on where to get the best products. The D8 THC market is still largely unregulated, so we’d recommend you avoid buying from in-person, unlicensed channels like convenience stores and gas stations. The biggest issue with these outlets is that they don’t care about quality screening of the products, which takes away your right to know what you’re consuming.
Mr. Hemp Flower is a licensed CBD shop that provides top-shelf products tested by a third-party lab. We’re an online brand that offers an array of Delta-8 products, including gummies, pre-rolls, D8 hemp flower, soft gel capsules, concentrates, and vape cartridges.
The perk of getting your D8 online is that you’ll always know exactly what’s inside the product. You need a reliable, transparent brand like Mr. Hemp Flower because we offer a readily available Certificate of Analysis for each product. The report assures you’re getting a 100% legal product with less than 0.3% Delta-9 THC.
Continued, Is Delta-8 Legal in Montana?
No, hemp-derived Delta-8 THC is NOT legal in Montana.
Montana updated its hemp laws to legalize hemp and hemp CBD products that contain less than 0.3% THC. The state only allows the sale of products containing legal levels of Delta-9 THC and considers all other forms of THC a Controlled Substance.
Unlike other states, Montana’s current legislation places limitations on tetrahydrocannabinols. The Treasure State lists all tetrahydrocannabinols and isomers as a Schedule I controlled substance. The legal definition of THCs makes no exception for hemp-derived THCs like Delta-8.
This means that Delta-8 is currently considered a controlled substance in Montana and is not legal to buy or sell.
Delta-8 THC and Federal Law
Delta-8’s legality on a federal level is confusing.
As you probably know, last year, the Drug Enforcement Administration (DEA) issued a Rule that, among other things, addressed the legality of “synthetically derived tetrahydrocannabinols.”
Although the Rule doesn’t directly address the sudden surge of D8 products on the market, it verified the illegal status of “synthetically derived THCs.” And, it kind of “hinted“ at the legal status of D8 made from hemp-derived cannabidiol (CBD).
The hemp plant naturally produces minuscule amounts of D8, which prompted manufacturers to use hemp-derived CBD to convert it into D8 via isomerization.
The process of converting one chemical compound into another, in this case, a tetrahydrocannabinol, may be problematic because it allows the DEA to consider D8 a “synthetically derived tetrahydrocannabinol.”
Unlike other hemp-derived products, “for synthetically derived tetrahydrocannabinols, the concentration of Delta-9 THC is not a determining factor whether the material is a controlled substance.”
The debate now rests in the question: Is hemp-derived D8 considered a “synthetic” THC?” Also, how does the 2018 Farm Bill that legalized hemp affects the legality of this compound?
“Synthetic THCs,” like Spice and K2, are lab-made without the involvement of cannabis plant material. These entirely chemically made compounds have been banned because they mimic the effects of D9 THC and are very dangerous.
On the contrary, Delta-8 is a real hemp cannabinoid that’s made through the conversion of hemp-derived CBD, so there is an involvement of hemp plant compounds in the process of making it. Experts agree that D8 made from CBD is not “organic” per se, but it’s also not entirely synthetic.
One of the main reasons for the confusion is that federal law doesn’t explicitly define the term “synthetically derived.” Therefore, it’s unclear if D8 falls under the definition of “synthetically derived tetrahydrocannabinols.” In a 2017 Resource Guide, the DEA states that synthetic cannabinoids are not organic but chemical compounds created in a lab. This explanation doesn’t touch on the actual meaning of the team “synthetic,” which leaves the legality of D8 in limbo.
Under the Farm Bill, organic, naturally occurring Delta-8 in the hemp plant is a legal compound. The Bill legalized hemp derivatives, which by definition are “a substance that can be made from another substance.” But, it’s important to note that the Farm Bill didn’t legalize any form of hemp that can get the user stoned. Coming from such a complicated legal standpoint, it’s more than clear that D8 requires unique regulations.
As of this writing, Delta-8 is banned in Montana. The Treasure State doesn’t allow the sale of products containing D8. As a less friendly D8 state, Montanans should avoid buying D8 until the law loosens up.
It is! D8 is still legal to buy in the Show-Me State, and you can find it both in local shops and online stores.
The best place to buy D8 in Missouri is online. Make sure you buy from licensed shops that sell a range of tested cannabinoid products, like Mr. Hemp Flower.
Get it till it’s available! Missourians can buy a wide range of D8 products online safely and discreetly.
No, so far, 15 states have banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.
Yes, D8 is considered safe. As a natural hemp derivative, it doesn’t cause the typical side effects like anxiety and paranoia that D9 THC causes.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.