Is Delta-8 Legal in Vermont? Explaining the Delta-8 THC Loophole

delta 8 vermont

Delta-8 THC caused a stir in the world of hemp, which prompted state governments to find new ways to cope with D-8 products entering the market. Where does Delta-8 THC stand in the current Vermont hemp laws? Is it legal to buy?  

Is It Legal: Vermont Delta-8 Laws 

Unfortunately, Delta-8 THC is NOT legal in Vermont. 

Delta-8 tetrahydrocannabinol (D-8 THC) is a type of THC that’s about twice less potent than traditional Delta-9 THC. All tetrahydrocannabinols have a similar molecular structure with a slight difference in the arrangement of their atomic bonds. 

Such a small but notable difference makes D-8 THC less mild-altering than its intensely psychotropic cousin Delta-9 THC. D-8 THC is also less likely to trigger anxiety and paranoia, which is why users prefer it over high-THC cannabis. 

Where to Buy Delta-8 in Vermont

The Green Mountain State has banned the use and sale of this cannabinoid. Therefore, it’s best to avoid ordering hemp-derived D-8 in Vermont.

But, not all is lost because you can still get top-shelf CBD products delivered straight to your door. If you’re looking for something that packs a punch, our hemp-derived CBD gummies are a must-try. They come in an array of flavors, and each gummy contains less than 0.3% THC. 

At Mr. Hemp Flower, we only offer products that display the benefits of hemp’s entire cannabinoid profile. The market is saturated with average CBD oils that quickly lose their beneficial effects because they lack essential compounds. 

That’s why we strive to create hemp-derived CBD products that offer the entourage effect. If you’re not familiar with it, the entourage effect is the theory that cannabinoids work better in combination with other cannabinoids and terpenes rather than in isolation. One of our most potent products made from organic hemp is our phytocannabinoid-rich (PCR) hemp oil. This product is legal to buy in Vermont because it contains less than 0.3% Delta-9 THC, which is within the legal federal and state limits. 

If you’re ever traveling to a D-8 friendly state or the law loosens up, you can order products containing this cannabinoid online. Mr. Hemp Flower ships to all D-8 friendly states and is dedicated to bringing you cannabinoid-rich CBD products. One of our best sellers is these vegan, sugar-free D8 Gummies available in various flavors. 

With us, you can always be sure that you’re getting top-shelf products made with locally grown, organic hemp. We offer a Certificate of Analysis that contains detailed data on cannabinoids and terpenes present in the product with each item. 

Continued, Is Delta-8 Legal in Vermont? 

No, hemp-derived Delta-8 THC is NOT legal in Vermont. 

Vermont recently banned the sale of Delta-8 THC products. In April 2021, the Vermont Agency of Agriculture, Farms, and Markets (AAFM) sent an email to registered hemp producers. The purpose of the email was to clarify that Delta-8 THC products are not hemp products and are illegal to manufacture per Vermont hemp definitions and regulations. 

In the email, they warn that registered hemp producers who manufacture or label Delta-8 products are violating the law and risk enforcement by the Agency. Furthermore, they explain that D-8 manufactured from hemp may be a controlled substance under state and federal law. So, “as a result, anyone who uses, possesses, or distributes Delta-8 THC may face federal and/or State criminal sanctions.”

Delta-8 THC and Federal Law 

The legality of D-8 THC provoked the most heated debate in the industry. The main reason for it is the process of making D-8 from hemp-derived cannabidiol (CBD). This cannabinoid occurs in the hemp plant in a tiny percentage (less than 0.3%), making natural extraction challenging. 

As a solution to this problem, manufacturers have started creating D-8 from hemp-derived CBD through the process of isomerization. The 2018 Farm Bill legalized hemp and all its derivatives, extracts, and cannabinoids, including naturally derived D-8. 

The two things that need clarification right now are the nature of D-8 derived from cannabidiol (CBD) and its legal status. This is important because there’s a risk that D-8 converted from CBD can be considered a “synthetically derived” tetrahydrocannabinol by the Drug Enforcement Administration (DEA). 

The source of confusion is the term “synthetic,” which federal law doesn’t define explicitly. The DEA released the Interim Final Rule in August 2020,  stating that the 2018 Farm Bill has no impact on the control status of synthetic THCs because “the statutory definition of ‘hemp’ is limited to materials that are derived from the plant Cannabis sativa L.” 

In comparison, truly “synthetic” THC is made in a lab from non-organic sources with no involvement of the cannabis plant. Most importantly, they are dangerous drugs that, unlike D-8 THC, can be fatal for the user. 

Delta-8 THC made from cannabidiol (CBD) is obviously different from these compounds because it doesn’t quite fall under the “synthetic” THC category. The most notable difference is that D-8 produces mild effects and has proven to be generally safe (although more research is needed). 

Bottom line

As of this writing, Delta-8 is not legal to buy in Vermont. The Green Mountain State banned the manufacture, sale, and possession of products containing hemp-derived D-8. Residents of Vermont should avoid buying D-8 products until the law loosens up. 

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Be Sure to Check Out: 

All Our Delta 8 Products

Delta 8 THC Gummies

All Our Best D9 Products


No, D-8 has been banned in the Green Mountain State. The Vermont Agency of Agriculture, Farms, and Markets (AAFM) sent an email to registered hemp producers that D-8 is illegal to manufacture, sell, and possess. 

For now, you should avoid buying D-8 products if you live in Vermont.

Yes! Residents of D-8 friendly states can order any product online legally.

No, so far, 15 states have banned or restricted D-8 THC, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes, it’s safe. D-8 is considered safer than D-9 THC due to its mild psychotropic activity and aversion to side effects.

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. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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