February 15, 2021 6 min read

Delta-8-THC, a mildly psychoactive cannabinoid derived from hemp, gained federal legal status under the 2018 Farm Bill similarly to CBD. Just like with CBD laws, not every state agrees. Is Delta-8 legal in Connecticut? And if so, where can you buy Delta-8 in Connecticut?

Fortunately, Delta-8 is legal in Connecticut thanks to recent rules that legalized cannabis in the state. There are some restrictions on how and where to buy Delta-8 products, however. 

Here's what you need to know:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Connecticut Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Connecticut?
Delta-8-THC Possession Limits in Connecticut
Is Delta-9-THC Legal in Connecticut?
Where to Buy Delta-8 in Connecticut
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Similarly, Connecticut defines hemp to include naturally occurring cannabinoids, salts, and isomers, such as Delta-8. That meant that Delta-8 is legal in Connecticut.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Connecticut, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Connecticut Delta 8 THC Laws

Connecticut updated state CBD laws to match the federal definitions and officially legalize hemp and CBD in the state. Because the state’s definition for hemp exactly matches the federal definition, it originally covered all cannabinoids, isomers, and other hemp components, living and nonliving.

The state also updated it’s Controlled Substances Act to exclude “industrial hemp, as defined in 7 USC 5940,” thus removing Delta-8-THC from it’s controlled substances list. Originally, this was enough to legalize Delta-8-THC derived from industrial hemp as a regular hemp product that could be bought and sold in stores and online. 

Now, new laws have been set forth to legalize Delta-8, and the game has changed a bit. 

In July of 2021, Connecticut passed Senate Bill 1201, which officially establishes adult-use cannabis as legal and modifies existing regulation to clarify a few points. Most significantly, the act legalizes any products with a THC concentration of more than 0.3% on a dry weight basis. The new definition includes all types of THC, including includes delta 7, delta 8, delta 9, and delta 10.

It's great news, especially since THC products will eventually be more appropriately regulated by state programs. However, there is a catch: Connecticut only allows THC products to be bought and sold in sate-licensed dispensaries. That means that you can no longer buy Delta-8-THC online in CT, even when it is derived from hemp. 

Here are some snippets from the state's legislation:

CONNECTICUT SENATE BILL 1201

(a) Any person [who possesses or has under his control less than one half ounce of a cannabis-type substance, as defined in section 21a-240, except as authorized in this chapter, shall

(1) for a first offense, be fined one hundred fifty dollars, and

(2) for a subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars.] twenty-one years of age or older may possess, use and otherwise consume cannabis, provided the amount of all such cannabis does not exceed such person's possession limit of

(1) one and one-half ounces of cannabis plant material and five ounces of cannabis plant material in a locked container at such person's residence or a locked glove box or trunk of such person's motor vehicle,

(2) an equivalent amount of cannabis products, as provided in subsection (i) of this section, or

(3) an equivalent amount of a combination of cannabis and cannabis products, as provided in subsection (i) of this section.

On and after July 1, 2023, a person's personal possession limit does not include any live plant or cannabis plant material derived from any live plant cultivated by such person in accordance with the provisions of section 162 of this act.

SUBSTITUTE SENATE BILL NO. 893

Public Act No. 19-3: Section 1.

(7) “Federal act” means the United States Agricultural Marketing Act of 1946, 7 USC 1621 et seq., as amended from time to time;

(11) “Hemp” has the same meaning as provided in the federal act;

TITLE II ‘‘Agricultural Marketing Act of 1946’ Subtitle G—Hemp Production

SEC. 297A. ø7 U.S.C. 1639o DEFINITIONS.

(1) HEMP.—The term ‘‘hemp’’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(12) “Hemp products” means products with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis derived from, or made by, the processing of hemp plants or hemp plant parts;

TITLE 21A. CHAPTER 420B - DEPENDENCY-PRODUCING DRUGS.

PART I – GENERAL PROVISIONS. Sec. 21a-240. Definitions.

(29) “Marijuana” means all parts of any plant, or species of the genus cannabis or any infraspecific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Marijuana does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such plant which is incapable of germination, or industrial hemp, as defined in 7 USC 5940, as amended from time to time. Included are cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show alike potential for abuse, which are controlled substances under this chapter unless modified;

7 U.S. Code § 5940. Legitimacy of industrial hemp research

(2) Industrial hemp – The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

A close up of industrial hemp flower, the primary source of legal Delta-8 products in the U.S.Is Delta-8 a Controlled Substance in Connecticut?

Connecticut lists tetrahydrocannabinols as Controlled Substances within the state, but clarifies that “industrial hemp” is excluded from the list.

The state defines industrial hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Because Delta-8 exists as a naturally occurring isomer in the hemp plant, Delta-8-THC is not considered a Controlled Substance in Connecticut.

Delta 8 THC Possession Limits in Connecticut

 

According to new cannabis laws in Connecticut, a person can possess "one and one-half ounces of cannabis plant material and five ounces of cannabis plant material in a locked container at such person's residence or a locked glove box or trunk of such person's motor vehicle."

Is Cannabis (Delta 9 THC) Legal in Connecticut?

The state passed HB 5389 in 2012 to legalize cannabis for medicinal use for certain qualifying patients. Multiple recreational cannabis bills have made it to the table since 2012, and the state finally passed new cannabis laws in 2021. 

As of July 1, 2021, the state of Connecticut has legalized adult-use cannabis for adults age 21 and over and cannabis products can be purchased in state-licensed dispensaries. 

Where to Buy Delta 8 in Connecticut?

Delta-8 vaporizers, a popular Delta-8 dosing style available at legal stores in Connecticut and online.

 

In Connecticut, all legal Delta-8-THC products must be purchased in a state-registered dispensary.

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online whenever possible. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Connecticut?

Yes, you have to be 21 years old or have a valid medical card to purchase Delta-8 products from a dispensary in Connecticut. 

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Connecticut according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. "SB 1201" https://www.cga.ct.gov/2021/TOB/S/PDF/2021SB-01201-R00-SB.PDF 
  2. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  3. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  4. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  5. “CHAPTER 420b* DEPENDENCY-PRODUCING DRUGS” https://www.cga.ct.gov/current/pub/chap_420b.htm
  6. “Substitute Senate Bill No. 893” https://portal.ct.gov/-/media/DOAG/Hemp/Public-Act-19-3.pdf?la=en
  7. “House Bill No. 5389” https://www.cga.ct.gov/2012/ACT/PA/2012PA-00055-R00HB-05389-PA.h

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