Is Delta-8-THC Legal in Oklahoma?

Federal hemp laws legalized all hemp-derivatives, including Delta-8-THC. Of course, every state governs hemp differently, and some states aren’t so laid back. Is Delta-8-THC legal in Oklahoma? And if so, how can you access it?

Thankfully, Oklahoma has updated their hemp laws to specify the difference between “marijuana” derived THC and THC products derived from hemp. Delta-8 is legal in Oklahoma.

Here’s what you should know about Oklahoma Delta-8 laws before you buy:

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
Oklahoma Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Oklahoma?
Delta-8-THC Possession Limits in Oklahoma
Is Delta-9-THC Legal in Oklahoma?
Where to Buy Delta-8 in Oklahoma
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.
• Oklahoma specifically exempts “hemp” from the definition of “marijuana,” which is the state's prohibited form of cannabis. The new laws also declare that hemp-derived THC’s are not classified alongside other THC’s in the state, therefore Delta-8 is legal in Oklahoma.
• 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 Oklahoma, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

Oklahoma Delta 8 THC Laws

Thanks to updated hemp laws that match the federal definition for “hemp,” the state of Oklahoma has legalized all hemp-derived cannabinoids, isomers, salts of isomers, and other derivatives (like CBD!).

The new legislation goes further to amend the state’s public health code, which restricts certain forms of cannabis, like “marijuana.” The new laws specify the difference between products derived from marijuana and those derived from “hemp”, marking hemp derived products as an exception to the prohibition.

The text also specifically declares prohibited “tetrahydrocannabinols” as those derived from (or mimicking those derived from) “marijuana,” and not hemp.

By these laws, Delta-8-THC is legal and accessible in Oklahoma.

Here are some snippets from the official text:

OKLAHOMA STATUTES. TITLE 2. AGRICULTURE

• 2-3-401. Short title – Oklahoma Industrial Hemp Program.

This act shall be known and may be cited as the “Oklahoma Industrial Hemp Program”.

Added by Laws 2018, c. 64, § 1, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 2, emerg. eff. April 18, 2019.

• 2-3-402. Definitions.

3. “Industrial hemp” means the plant Cannabis sativa L. and any part of the 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 three-tenths of one percent (0.3%) on a dry-weight basis;

TITLE 63. OKLAHOMA PUBLIC HEALTH CODE

• 63-2-101v2. Definitions.

1. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include:
2. the mature stalks of such plant or fiber produced from such stalks,
3. oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marijuana plant,
4. any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake,
5. the sterilized seed of such plant which is incapable of germination,
6. for any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Section 2-802 of this title, a drug or substance approved by the federal Food and Drug Administration for use by those participants,
7. for any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than threetenths of one percent (0.3%) and that is delivered to the patient in the

form of a liquid, any federal Food and Drug Administration-approved cannabidiol drug or substance, or

industrial hemp, from 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 three-tenths of one percent (0.3%) on a dry weight basis which shall only be grown pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program and may be shipped to Oklahoma pursuant to the provisions of subparagraph e or f of this paragraph;

38. “Tetrahydrocannabinols” means all substances that have been chemically synthesized to emulate the tetrahydrocannabinols of marijuana; [not hemp]

• 63-427.2v1. Definitions.

63. “THC” means tetrahydrocannabinol, which is the primary psychotropic cannabinoid in marijuana formed by decarboxylation of naturally tetrahydrocannabinolic acid, which generally occurs by exposure to heat;

STATE BILL 238. SECTION 1. C.

1. Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp. The addition of derivatives of hemp, including hemp-derived cannabidiol, to cosmetics, personal care products and products intended for human or animal consumption shall be permitted without a license and shall not be considered an adulteration of such products.

Is Delta-8 a Controlled Substance in Oklahoma?

Nope! Oklahoma specifically updated their Public Health and Safety Codes to highlight hemp derived products as an exemption to “marijuana.” The amendments also specify that tetrahydrocannabinols from hemp are not to be classified the same way as those derived from marijuana, which are currently classified as Controlled Substances in the state.

In other words, if Delta-8 is derived from legal hemp material, then it is legal in Oklahoma.

Delta 8 THC Possession Limits in Oklahoma

Oklahoma law does not define any possession limits for any hemp-derived products, including Delta-8-THC. It is also not classified the same way as marijuana derived THC, so it’s not subject to those same possession limits either.

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 Oklahoma?

Oklahoma voters approved Medical Marijuana in 2018 by voting “yes” on Question 788. The Oklahoma Medical Marijuana Authority oversees the program, and only qualifying patients can access a state-issued medical marijuana card.

Recreational cannabis is illegal in the state. In Oklahoma, police can arrest you for possession of any amount of cannabis, including residue. Possession of any amount is considered a misdemeanor and is punishable by a fine of up to $1,000 and up to one year in jail.

Where to Buy Delta 8 in Oklahoma?

Oklahoma has generally relaxed hemp laws, and hemp products, including Delta-8, may be available at a variety of stores across the state.

Local states, like Kansas, Missouri, and Texas, have also legalized Delta-8 production, which means the local market may vary greatly. Many of these states impose very little regulation on these hemp providers, so 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 Bloom Society, 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 Oklahoma?

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 Oklahoma 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. “ENROLLED SENATE BILL NO. 238” http://webserver1.lsb.state.ok.us/cf_pdf/2019-20%20ENR/SB/SB238%20ENR.PDF
5. “OKLAHOMA STATUTES” http://www.oklegislature.gov/osStatuesTitle.aspx
6. “Oklahoma Medical Marijuana Authority” https://oklahoma.gov/omma.html
7. “Oklahoma Weed Laws” https://www.oklahoma-criminal-defense-lawyer.com/allpracticeareasoklahoma/drugcrimes/marijuana/marijuanalawsinoklahoma/