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 and protected in Connecticut by the same set of laws that legalized CBD in the state.

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 covers all cannabinoids, isomers, and other hemp components, living and nonliving.

The state has 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.

Here are some snippets from the state's legislation:

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

Because Delta-8 currently exists as a legal substance under the state’s hemp laws, there are no possession limits in place for the cannabinoid.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Connecticut?

Delta-8-THC exists legally in Connecticut under the umbrella definition of “hemp.” Unfortunately, the law specifies that any cannabis material or manufactured product containing more than 0.3% Delta-9-THC on a dry weight basis is classified as “marijuana” and is illegal for recreational use.

The state passed HB 5389 in 2012 to legalize cannabis for medicinal use for certain qualifying patients. While recreational cannabis bills have frequently made it to the table, they have yet to be passed.

In Connecticut, the illegal possession of Delta-9-THC for personal use is punishable by fines ranging from $150 to $2,000 and up to 1 year in jail.

Where to Buy Delta 8 in Connecticut?

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

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced by a licensed grower and in accordance with the state’s USDA hemp plan.

Similar laws have been used to create fluid, (though mostly unregulated) Delta-8 markets in surrounding states like New York and Massachusetts. That means you’re in luck if you’re looking to buy Delta-8-THC in Connecticut, and may be able to find a variety of products in the area.

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. 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?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

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

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