Is it legal to smoke Delta-8 in public

For those of you that live in a state with legal Delta-8, you may be wondering—can I smoke Delta 8 in public? The short answer, probably not. Each state has its own law on whether smokable hemp is legal or not, but all in all, if you are in public, you should not be smoking any product that contains THC.

We hate to be the bearer of bad news, but that does not mean you can’t enjoy Delta-8 legally in other locations. But first, let’s clear the air on where Delta 8 legally stands today.

Where is Delta-8 Legal?

Back in 2018, Congress passed the 2018 Farm Bill, which was later authorized on December 20th, 2018. From then on, the production, distribution, and sale of hemp products became legal on a federal level.

According to this bill, a hemp product can contain any derivatives, cannabinoids, or isomers of hemp, with the only concentration limit on hemp-derived Delta 9 THC. Federal law states that a product can legally have up to 0.3% of hemp-derived Delta-9 on a dry weight basis. 

After this bill, state lawmakers began to amend their hemp policy to align with federal law. Since then, hemp manufacturers across the country have produced an array of hemp merchandise. Some include CBD, Delta-8, and Delta-9 products, all of which are legal within the guidelines of the 2018 Farm Bill.

As of November 23, 2021, smokable hemp products are legal in most states. To ensure that hemp flower and Delta 8 products haven’t been outlawed near you, reach out to a lawyer or your local official for a solid answer. However, if you know that Delta-8 is legal, it’s time to discuss traveling with it. 

Traveling with Delta-8 THC

We can all agree that traveling away from home is an exciting time. But before you pack  Delta-8 in your luggage, you need to research the laws of all the states you plan to travel through. Even if you buy Delta-8 legally, it has restrictions in other parts of the U.S.

The same goes for traveling on an airplane. According to federal law, hemp products can be transported across state lines. However, each airline has its own rules. To avoid falling into unexpected trouble, contact the flight company and ask about their traveling policy.

The Ideal Location to Smoke Hemp

It’s been a long day, and all you can think about is relaxing with your Delta-8 flower. You decide you want to go for a walk to experience the world around you, but then you stop and go back inside. Why can’t you smoke Delta 8 in public? There is no solidified answer on consuming hemp products in public, but there is on smoking in general.

Like tobacco and marijuana, it is prohibited to smoke at public buildings, state parks, and other locations around your community. You can carry these items on you, but they cannot be ignited or used in these areas. Instead, you are encouraged to enjoy these items in the comfort of your home. Or at a private residence with the owner’s permission.

That said, there are specific locations that are permitted for customers to smoke on site. Usually, at hemp cafes, restaurants, and some coffee shops. Keep in mind, most of these businesses are located in states that have legalized recreational marijuana. So if marijuana isn’t legal in your area, you likely won’t find these types of storefronts. 

Buying Smokeable Delta-8 Products Online

Delta-8 products do not stop with flower, blunts, and joints. Online and in-store, you can also find Delta-8 in the form of gummies, candies, and baked goods. Simply search for the nearest hemp store or go shopping online.

When you go to the store, you risk hitting traffic and wasting your precious time, which is why many customers shop directly from us. At Hometown Hero, our online store is open 24 hours and can be accessed with a click of a button. 

If you’re looking for Delta-8 gummies, pre-rolls, or our highly praised Rainbow Squares, you can find it all here. As long as you are 21 years or older and living in a state where Delta-8 is legal, we can ship our products directly to your door. Don’t waste another second with mediocre hemp, and taste real quality. 

Takeaway

It may feel sudden learning about all the smoking restrictions that our states have in place. But over time, hopefully, more businesses will open up storefronts that will allow the cannabis community to connect in a comfortable environment. Until then, it is best to consume your products at home, curled up on the couch with a few friends.

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Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD). 

It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets. 

Here are 5 things you should know about delta-8 THC to keep you and those you care for safe from products that may pose serious health risks: 

1. Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk.

The FDA is aware of the growing concerns surrounding delta-8 THC products currently being sold online and in stores. These products have not been evaluated or approved by the FDA for safe use in any context. Some concerns include variability in product formulations and product labeling, other cannabinoid and terpene content, and variable delta-8 THC concentrations. Additionally, some of these products may be labeled simply as “hemp products,” which may mislead consumers who associate “hemp” with “non-psychoactive.” Furthermore, the FDA is concerned by the proliferation of products that contain delta-8 THC and are marketed for therapeutic or medical uses, although they have not been approved by the FDA. Selling unapproved products with unsubstantiated therapeutic claims is not only a violation of federal law, but also can put consumers at risk, as these products have not been proven to be safe or effective. This deceptive marketing of unproven treatments raises significant public health concerns because patients and other consumers may use them instead of approved therapies to treat serious and even fatal diseases.

2. The FDA has received adverse event reports involving delta-8 THC-containing products. 

The FDA received 104 reports of adverse events in patients who consumed delta-8 THC products between December 1, 2020, and February 28, 2022. Of these 104 adverse event reports:

• 77% involved adults, 8% involved pediatric patients less than 18 years of age, and 15% did not report age.
• 55% required intervention (e.g., evaluation by emergency medical services) or hospital admission.
• 66% described adverse events after ingestion of delta-8 THC-containing food products (e.g., brownies, gummies). 
• Adverse events included, but were not limited to: hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness. 

National poison control centers received 2,362 exposure cases of delta-8 THC products between January 1, 2021 (i.e., date that delta-8 THC product code was added to database), and February 28, 2022. Of the 2,362 exposure cases:

• 58% involved adults, 41% involved pediatric patients less than 18 years of age, and 1% did not report age.
• 40% involved unintentional exposure to delta-8 THC and 82% of these unintentional exposures affected pediatric patients.
• 70% required health care facility evaluation, of which 8% resulted in admission to a critical care unit; 45% of patients requiring health care facility evaluation were pediatric patients.
• One pediatric case was coded with a medical outcome of death.

3. Delta-8 THC has psychoactive and intoxicating effects.

Delta-8 THC has psychoactive and intoxicating effects, similar to delta-9 THC (i.e., the component responsible for the “high” people may experience from using cannabis). The FDA is aware of media reports of delta-8 THC products getting consumers “high.”  The FDA is also concerned that delta-8 THC products likely expose consumers to much higher levels of the substance than are naturally occurring in hemp cannabis raw extracts. Thus, historical use of cannabis cannot be relied upon in establishing a level of safety for these products in humans.   

4. Delta-8 THC products often involve use of potentially harmful chemicals to create the concentrations of delta-8 THC claimed in the marketplace. 

The natural amount of delta-8 THC in hemp is very low, and additional chemicals are needed to convert other cannabinoids in hemp, like CBD, into delta-8 THC (i.e., synthetic conversion). Concerns with this process include:

• Some manufacturers may use potentially unsafe household chemicals to make delta-8 THC through this chemical synthesis process. Additional chemicals may be used to change the color of the final product. The final delta-8 THC product may have potentially harmful by-products (contaminants) due to the chemicals used in the process, and there is uncertainty with respect to other potential contaminants that may be present or produced depending on the composition of the starting raw material. If consumed or inhaled, these chemicals, including some used to make (synthesize) delta-8 THC and the by-products created during synthesis, can be harmful.
• Manufacturing of delta-8 THC products may occur in uncontrolled or unsanitary settings, which may lead to the presence of unsafe contaminants or other potentially harmful substances. 

5. Delta-8 THC products should be kept out of the reach of children and pets.

Manufacturers are packaging and labeling these products in ways that may appeal to children (gummies, chocolates, cookies, candies, etc.). These products may be purchased online, as well as at a variety of retailers, including convenience stores and gas stations, where there may not be age limits on who can purchase these products. As discussed above, there have been numerous poison control center alerts involving pediatric patients who were exposed to delta-8 THC-containing products. Additionally, animal poison control centers have indicated a sharp overall increase in accidental exposure of pets to these products. Keep these products out of reach of children and pets. 

Why is the FDA notifying the public about delta-8 THC?

A combination of factors has led the FDA to provide consumers with this information. These factors include: 

• An uptick in adverse event reports to the FDA and the nation’s poison control centers.
• Marketing, including online marketing of products, that is appealing to children.
• Concerns regarding contamination due to methods of manufacturing that may in some cases be used to produce marketed delta-8 THC products.

The FDA is actively working with federal and state partners to further address the concerns related to these products and monitoring the market for product complaints, adverse events, and other emerging cannabis-derived products of potential concern. The FDA will warn consumers about public health and safety issues and take action, when necessary, when FDA-regulated products violate the law.

How to report complaints and cases of accidental exposure or adverse events:

If you think you are having a serious side effect that is an immediate danger to your health, call 9-1-1 or go to your local emergency room. Health care professionals and patients are encouraged to report complaints and cases of accidental exposure and adverse events to the FDA’s MedWatch Safety Information and Adverse Event Reporting Program:

• Call an FDA Consumer Complaint Coordinator if you wish to speak directly to a person about your problem.
• Complete an electronic Voluntary MedWatch form online or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the form, or submit by fax to 1-800-FDA-0178.
• Complete a paper Voluntary MedWatch form and mail it to the FDA.
• To report adverse events in animals to the FDA’s Center for Veterinary Medicine, please download and submit Form FDA 1932a found at: www.fda.gov/ReportAnimalAE.

FDA Issues Warning Letters:  FDA Issues Warning Letters to Companies Illegally Selling CBD and Delta-8 THC Products

Warning Letters: Warning Letters and Test Results for Cannabidiol-Related Products 

For more information about Delta-8 THC:  CDC HEALTH ALERT NETWORK (HAN)

The American Association of Poison Control Centers (AAPCC) maintains the National Poison Data System (NPDS), which houses de-identified case records of self-reported information collected from callers during exposure management and poison information calls managed by the country’s poison control centers (PCCs). NPDS data do not reflect the entire universe of exposures to a particular substance as additional exposures may go unreported to PCCs; accordingly, NPDS data should not be construed to represent the complete incidence of U.S. exposures to any substance(s). Exposures do not necessarily represent a poisoning or overdose and AAPCC is not able to completely verify the accuracy of every report.  Findings based on NPDS data do not necessarily reflect the opinions of AAPCC.

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