February 21, 2021 7 min read

Hemp laws are varied across the U.S. and the legality of hemp-derived cannabinoids can be confusing. Is Delta-8-THC legal in Oregon? And if so, where can you find high-quality Delta-8 products in the state?

Luckily, Oregon has legalized hemp products on a broad scale, and Delta-8 appears to be legal in Oregon when derived from industrial hemp.

Check out Oregon’s Delta-8 laws below:

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
Oregon Delta-8-THC Laws
Delta-8-THC Possession Limits in Oregon
Is Delta-9-THC Legal in Oregon?
Where to Buy Delta-8 in Oregon
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.
  • Oregon has legalized all non-seed parts of the cannabis plant that contain less than 0.3% Delta-9-THC. That means that both hemp CBD (and Delta-8 products made from it) are both legal in Oregon.
  • 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 Oregon, 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.

Two hemp plants just before harvest, the federally legal plant material required to make Delta-8-THC products.

Oregon Delta 8 THC Laws

Since the 2018 Farm Bill became law, Oregon has updated their hemp laws to broadly legalize hemp and its constituents, like CBD.

In fact, the state makes a careful differentiation between “hemp” and “marijuana” products. In Oregon, hemp-derived cannabinoid products are legal in all forms, including edibles and other consumables.

Oregon’s lax stance on hemp and Delta-8 is a stark contrast to the laws laid out by many nearby states, like Nevada, Idaho, and Montana, where Delta-8 is prohibited.

Here are some excerpts from relevant legislation:

OAR - CHAPTER 603 - DIVISION 48 - INDUSTRIAL HEMP

OAR 603-048-0010 – Definitions

(15) “Hemp Item” has the meaning provided in OAR 603-048-2310.

(16) “Industrial hemp”:

(a) Means all non-seed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.

(b) Means any Cannabis seed:

(A) That is part of a crop;

(B) That is retained by a grower for future planting;

(C) That is agricultural hemp seed;

(D) That is for processing into or for use as agricultural hemp seed; or

(E) That has been processed in a manner or to an extent that the Cannabis seed is incapable of germination.

(c) Does not mean:

(A) Industrial hemp commodities or products; or

(B) Marijuana, as that is defined in ORS 475B.015.

475B.015 Definitions

(17)(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and marijuana seeds.

(b) “Marijuana” does not include:

(A) Industrial hemp, as defined in ORS 571.269; or

(B) Prescription drugs, as that term is defined in ORS 689.005, including those containing one or more cannabinoids, that are approved by the United States Food and Drug Administration and dispensed by a pharmacy, as defined in ORS 689.005.

OAR 603-048-2310.– Definitions:

(16) “Cannabinoid hemp product”

(a) Means a hemp edible or any other product intended for human consumption including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp; or

(b) Usable hemp, hemp extracts and hemp concentrates that have been combined with an added substance.

(c) Cannabinoid hemp product does not include usable hemp by itself, hemp stalk by itself, a hemp concentrate or extract by itself, hemp seed incapable of germination by itself, or other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients.

(d) For sampling and testing purposes is equivalent to a cannabinoid product as that is defined in OAR 333-007-0310.

(17) “Hemp concentrate or extract”

(a) Means a substance obtained by separating cannabinoids from industrial hemp leaves, flowers, or stalk by a mechanical, chemical or other process.

(b) For sampling and testing purposes is equivalent to a cannabinoid concentrate or edible as that is defined in OAR 333-007-0310.

(19) “Hemp item”

(a) Means usable hemp, hemp stalk, a hemp cannabinoid product, or a hemp concentrate or extract.

(b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310.

Public Health Division – Chapter 333

333-007-0310 – Definitions

(38) “Marijuana”

(a) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.

(b) “Marijuana” does not include industrial hemp, as defined in ORS 571.300.

(39) “Marijuana item” means marijuana, usable marijuana, a cannabinoid product or a cannabinoid concentrate or extract.

(38) “THC” means tetrahydrocannabinol and has the same Chemical Abstracts Service Number as delta-9 THC.

Delta 8 THC Possession Limits in Oregon

Oregon does not define any possession limits for hemp or hemp products. Therefore, there are no possession limits defined for Delta-8-THC.

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 Oregon?

Yes. The Oregon Medical Marijuana Act passed into law in 1998 and the state became one of the first in the country to legalize the use of medical cannabis for qualifying patients. In 2014, voters approved Measure 91, which legalized the sale, possession, and use of recreational marijuana.

Where to Buy Delta 8 in Oregon?

Delta-8-THC vaporizers, an instant delivery method that you can buy online and in stores where Delta-8-THC is legal.

Oregon has very loose regulations regarding how hemp and hemp products can be sold, and some nearby states (like Washington) also allow Delta-8 production. That means that you may find a variety of Delta-8 products in stores in the Oregon 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 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 Oregon?

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 Oregon 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. Department of Agriculture, Chapter 603https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=2726
  5. “Chapter 475B — Cannabis Regulation” https://www.oregonlegislature.gov/bills_laws/ors/ors475b.html
  6. “Oregon Medical Marijuana, Measure 67 (1998)” https://ballotpedia.org/Oregon_Medical_Marijuana,_Measure_67_(1998)
  7. “Measure 91” http://oregonvotes.org/irr/2014/053text.pdf

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