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April 21, 2023
Delta 8

Everything You Need to Know About the Delta 8 Age Requirement

Are you old enough to buy and use Delta-8 THC products? It depends not only on you, but also on where you are and what the products are, so read on to learn more!

In this post, we’ll cover:

  • What is Delta-8 THC and what are its effects?
  • Delta-8 THC age limit requirements and legality
  • FAQs about Delta-8 THC

And more…so let’s dive into everything you need to know about the Delta-8 THC age requirements!

What is Delta-8 THC?

Delta-8 tetrahydrocannabinol (THC) is among the minor cannabinoids that occur naturally in the Cannabis sativa plant. In comparison to other cannabinoids such as cannabidiol (CBD) or cannabigerol (CBG), it is structurally most similar to Delta-9 tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis and hemp plants, although it is less potent. Other THC isomers include Delta-10 THC, and THC-O.

Most Delta-8 THC products can be legally purchased without as many restrictions as Delta-9 THC products in most places because they are not marijuana products; instead, they are hemp-derived. (More on this below.)

Is Delta-8 THC Legal? Age Requirements for Using Delta-8 THC

Prior to engaging in activities related to the sale or distribution of hemp-derived products, such as Delta 8 THC, all business owners should consult local and state laws for compliance. Furthermore, even the legal status of Delta-8 THC itself under federal law is a bit controversial.

The 2018 Farm Bill made industrial hemp production and hemp-based derivatives, including Delta-8 THC, legal at the federal level as long as the final product contains less than 0.3% Delta-9 THC by dry weight.

The US Food and Drug Administration (FDA) has jurisdiction over certain aspects of manufacturing, including lab testing for purity levels, the certificate of analysis reporting those results, and accurate labeling with cannabinoid content information listed on product packaging. Manufacturers must comply with FDA-mandated GMP regulations to guarantee the secure processing of products from inception to completion.

However, the Drug Enforcement Administration (DEA) issued an Interim Final Rule in August 2020 that has caused confusion and uncertainty around the legality of Delta-8 THC and hemp products. The rule states that all synthetically derived cannabinoids, including Delta-8 THC, are illegal Schedule 1 controlled substances under federal law, regardless of their source.

For now, the view of the DEA does not hold sway. However, it is not clear what the final consensus will be.

The law also differs from state to state, although in general many states regulate Delta-8 THC products with age restrictions similar to those that regulate alcohol, or, in relevant states, recreational cannabis. Those under 21 years old are prohibited from acquiring such products, and retailers limit the sales of “adult” products to people over 21—including alcohol, hemp products like Delta 8, and recreational marijuana.

For example, in Kentucky, lawmakers recently submitted Senate Bill 266 which would prevent anyone under 21 from possessing Delta 8 products or other intoxicating hemp compounds such as Delta 9. Kentucky retailers have also restricted sales exclusively to adults over 21 years of age.

Similarly, in Colorado under state laws it is illegal for any person under the age of 21 to purchase or possess marijuana products including Delta 8 edibles such as tinctures and beverages regardless if they contain less than 0.3% THC content per dry weight basis according to Colorado law CRS 18–18–406(1)(a). This means it takes a medical marijuana card to buy these products—even if they’re not intoxicating.

In Illinois, customers who wish to purchase Delta 8 edibles must be at least 25 years old before they are granted access to the dispensaries where the cannabinoid compound is sold. Other states have also set their legal purchasing age at 21, including Alabama, Georgia, Florida, Michigan, and New York.

Also be aware that the law is different from state to state and locality from locality in other situations. For example, in Iowa, you only need to be 18 years old, but you cannot purchase vape products. In Arkansas you do have to be 21, but it’s easy to find these products in many places—even gas stations and convenience stores. Vermont is the opposite, allowing home delivery of Delta-8 THC products to people over 21, but not permitting their sale from in-person retailers.

Effects of Delta 8-THC

The physiological effects of Delta-8 THC in the human body are not yet fully understood, but believed to be similar to but milder than those of Delta-9 THC, the primary psychoactive compound in cannabis. Both cannabinoids interact with the body’s endocannabinoid system (ECS), binding to the CB1 and CB2 receptors in the brain and body to produce a range of physiological and psychological effects, including:

Euphoria and relaxation. Like Delta-9 THC, Delta-8 THC has a calming and relaxing effect and can induce feelings of euphoria and happiness.

Increased appetite. Delta-8 THC may stimulate the appetite, which can be helpful for people who have lost their appetite.

Reduced nausea and vomiting. Delta-8 THC may be effective in reducing nausea and vomiting.

Anxiety and paranoia. Delta-8 THC is believed to have milder psychoactive effects than Delta-9 THC, with less anxiety and paranoia reported by users.

The effects of Delta-8 THC products can vary depending on the dose, the method of consumption, and the individual’s body chemistry. Additionally, just like traditional marijuana products, Delta-8 THC can have side effects, such as dry mouth, red eyes, and drowsiness.

FAQs About Delta 8 Age Requirements

Can you order Delta-8 online? If so, how do you prove your age?

Yes, where your local cannabis laws and other relevant laws do not preempt the Farm Bill, you can order Delta-8 products and CBD products online. You will typically need to provide proof of legal age to ensure that you are over the legal age to purchase it. This may involve uploading a photo ID, such as a driver’s license or passport, during the checkout process.

Is Delta-8 safe?

The safety of Delta-8 THC gummies and other edibles is still being studied, and there is limited information available about its long-term effects on human health. However, Delta-8 THC is generally considered to be safe in moderation.

Like all cannabis- and hemp-derived products, Delta-8 THC can have side effects, such as dry mouth, red eyes, drowsiness, and impaired motor coordination. Always shop from reputable sellers only, and look for products that have been tested for purity and potency by a third-party laboratory. Some Delta-8 THC products may contain harmful contaminants, such as pesticides or heavy metals, which can pose a risk to human health.

Final Thoughts on Legal Age Requirements for Delta 8

You’re always the right age to discover the perfect Delta 8 edibles! Come check them out at!

Our products are made with premium ingredients and meet all age requirements. We are the best place to buy Delta-8 THC online—and anywhere!

Written by Diet Smoke Staff Writers

The staff writers for Diet Smoke have been researching and writing about premium hemp-derived THC and CBD products for more than 3 years. The team has a keen understanding of the topic, remain current on all FDA and industry news, and use their expertise to generate engaging and informative content to help educate consumers on Diet Smoke’s products. Each article is fact-checked and includes sources to scientific data to ensure readers receive the most up-to-date and accurate information possible.

Find out more about Diet Smoke, our history and our commitment to creating the highest quality products.

Reviewed By Colby Wohlleb

Colby Wohlleb, editor of Diet Smoke, reviews and approves all content before releasing it for posting on the Diet Smoke website. As a tireless advocate for the benefits of premium hemp-derived THC and CBD products, Colby ensures that all content is accurate, engaging, and informative. He also works directly with a trusted source to ensure the purity of the products we sell and performs rigorous lab testing to ensure that Diet Smoke’s products are of the highest quality and safety standards.