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January 11, 2023
Delta 8

Is Delta-8 THC Legal in Oklahoma?

Legal THC is already a thing in Oklahoma. That’s right, in 2022 hemp-derived delta 8 THC is legal, so you can buy, sell, produce, and distribute delta 8 products in the state of Oklahoma.

  • Hemp-derived delta-8 THC is legal in Oklahoma.
  • You can possess, sell, produce, and purchase delta-8 cannabis products legally.
  • Other delta-9 isomers such as THC-O, HHC, and delta-10 THC are also legal, as long as they are sourced from legal hemp plants.
  • Hemp-derived cannabinoids like cannabidiol (CBD) are legal in Oklahoma.
  • Oklahoma has a legal medical marijuana program (more on that below).
  • Adult-use recreational marijuana is prohibited in Oklahoma for now, but it is likely to be legalized in 2023, placing it in a friendlier space than neighbors like Texas, Kansas, and Missouri.

What Is Delta-8 THC?

The Cannabis sativa plant produces numerous cannabinoids naturally, including delta-8 tetrahydrocannabinol (THC). Called delta-8 THC for short, D8 is structurally similar to classic delta-9 tetrahydrocannabinol or delta-9 THC, the most abundant cannabinoid found in the cannabis plant that causes “high” feelings like euphoria and happiness.

In the cannabis or industrial hemp plant delta-8 THC exists only in trace amounts, so most brands start with CBD and convert it to delta-8 THC. This accounts for its legal status.

Both cannabinoids have carbon atom chains. However, while delta-9 THC has a double bond on the ninth carbon, delta-8 THC has it on the eighth carbon. This change in where the double bond is located produces those milder, uplifting “high” effects.

Delta-8 THC produces lighter psychoactive effects and less of the usual cannabis side effects because it is a delta-9 THC isomer. While delta-8 and delta-9 THC are similar, Most standard cannabis carries an abundance of delta-9 THC.

Is Delta-8 THC Legal in Oklahoma?

Yes! The Farm Bill made delta 8 THC products legal under both Oklahoma state and federal law. The Farm Bill defines hemp law to include all acids, cannabinoids, derivatives, extracts, isomers, and salts.

For hemp-derived delta-8 THC to be legal, source hemp plants must include less than 0.3% dry weight THC. Cannabis plants with over 0.3% THC are considered controlled substances, and thus are determined to be illegal by the Oklahoma state and federal governments.

In Oklahoma, State Question 788 passed in 2018 along with the federal 2018 Agriculture Improvement Act (the Farm Bill). Now Oklahoma law, federal law, and public health regulations make not just delta-8 but all other cannabinoids, flavonoids, terpenes, derivatives, isomers, and salts from hemp plants legal.

State Question 788 established the Oklahoma industrial hemp program. The new law also removes hemp-derived tetrahydrocannabinols from the state’s list of schedule I controlled substances.

Although not entirely clear, the totality of these delta-8 THC laws seem to indicate that hemp-derived products that contain no more than 0.3% delta 9 THC, including products with tetrahydrocannabinols like D8, are legal.

What About Medical Marijuana?

Oklahoma legalized medical marijuana in 2018 when State Question 788 was passed by the voters. The medical marijuana program is regulated by the Oklahoma Medical Marijuana Authority (OMMA) which also manages medical marijuana cards for patients and dispensaries.

The law gives patients who suffer from debilitating medical conditions, as well as parents, caretakers, or guardians, the right to possess and use full-spectrum CBD products and other products that contain THC within set limits (check out all of those limits and more details at OMMA’s website here). Qualified participants may also grow up to 6 medical marijuana plants.

What About Recreational Cannabis?

No. In Oklahoma, adult-use or recreational marijuana remains illegal, although recreational Cannabis sativa laws may be changing in 2023. It seems likely that the ballot initiative on recreational cannabis will finally be getting voted on in 2023 or 2024.

What’s at stake? The Oklahoma statewide initiative would legalize recreational adult-use cannabis for all adults age 21, allowing them to possess up to one ounce of cannabis at a time. It would establish a 15% excise tax for non-medical marijuana products only, and create a judicial redress process for people with some prior, low-level marijuana-related convictions.

But for now marijuana is illegal in Oklahoma—except for delta-8!

What Types of Delta-8 THC Products are Legal in Oklahoma?

The range of delta-8 THC products that exist on the market are similar to CBD products. They include delta-8 gummies, beverages, tinctures, and other edibles; distillates and vape carts; and more. Their THC content varies.

Remember, like other natural supplements, delta-8 THC products are not regulated by the US Food and Drug Administration (FDA). It’s a great habit to carefully read labels and look for lab testing reports and certificates of analysis (COAs).

Remember, under Oklahoma state law, you can buy delta-8 THC products derived only from federally compliant hemp plants with less than 0.3% THC on a dry weight basis.

Where to Buy Delta-8 THC Products in Oklahoma?

You can buy delta-8 THC online and in brick-and-mortar dispensaries and stores across Oklahoma. We always recommend buying high-quality hemp products from online shops. These retailers offer more rigorous standards, higher quality, and the best delta products overall.

Disclaimer: This product may cause you to fail a THC drug test. The Food and Drug Administration (FDA) has not evaluated these statements. All products contain less than 0.3% Δ9THC. Do not take if pregnant or nursing. This product is not intended to diagnose, cure, treat, or prevent any illness or disease. Always check with a healthcare provider before consuming new products. Keep out of reach of children.