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How long will delta-8 remain legal?

Delta-8 THC is derived from federally legal hemp. Here, workers sort and trim dried hemp buds at a farm in upstate New York. (AP Photo/Seth Wenig) Delta-8 THC, aka delta-8, the intoxicating cannabinoid synthesized from hemp, is making waves across the United States, and especially in states where marijuana remains illegal. That’s because delta-8 is derived from federally legal hemp, which by law contains less than 0.3% delta-9 THC. In fact, many manufacturers and retailers label it “delta-8 CBD” to emphasize its CBD-like legal status. (Confusing? Yes. Delta-8 is derived from CBD extracted from hemp, but in scientific terms it is delta-8 THC. For more on the difference between delta-8 THC and delta-9 THC, read Leafly’s complete guide to delta-8.)

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