February 21, 2021 6 min read

Delta-8-THC is legal according to federal law, but some states disagree. Is Delta-8-THC legal in Vermont? And if so, where can you find it?

Luckily, Vermont has pretty relaxed cannabis and hemp laws, and all forms of hemp and its derivatives are legal in the state. That means you can buy Delta-8-THC in Vermont stores, but there are some things you may want to know about Vermont Delta-8 laws first:

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
Vermont Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Vermont?
Delta-8-THC Possession Limits in Vermont
Is Delta-9-THC Legal in Vermont?
Where to Buy Delta-8 in Vermont
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.
  • Vermont has legalized hemp according to similar terms, and Delta-8-THC appears to be legal and accessible in the state.
  • 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 Vermont, 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 federally legal hemp plants during their flowering cycle, just before harvested to make Delta-8-THC products.

Vermont Delta 8 THC Laws

Vermont regulates hemp as an agricultural commodity, and hemp and all its derivatives (like CBD) are legal in the state. Vermont’s definition for what qualifies as a “hemp product” is similar to the one used by federal legislation.

In Vermont, hemp is “Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers,” provided the material contains less than the federally defined amount of THC. (By federal law, this is less than 0.3% Delta-9-THC.)

Vermont's updated legislation also specifically removes hemp and hemp products from the definition of “marijuana” where it is classified as a Controlled Substance in the state. Thanks to these updates to state law, Delta-8-THC is legal in Vermont.

Here are some snippets from the official text:

TITLE 6 - AGRICULTURE. CHAPTER 34: HEMP

  • 562. Definitions

(4) “Hemp products” or “hemp-infused products” means all products with the federally defined tetrahydrocannabinol concentration level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, construction materials, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

(5) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers, whether growing or not, with the federally defined tetrahydrocannabinol concentration level of hemp. “Hemp” shall be considered an agricultural commodity.

2018 Farm Bill

“Hemp” means the plant species 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.

TITLE 18: HEALTH. CHAPTER 84

  • 4201. Definitions

(15)(A) “Marijuana” means all parts of the plant Cannabis sativa L., except as provided by subdivision (B) of this subdivision (15), whether growing or harvested, and includes:

(i) the seeds of the plant;

(ii) the resin extracted from any part of the plant; and

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

(B) “Marijuana” does not include:

(i) the mature stalks of the plant and fiber produced from the stalks;

(ii) oil or cake made from the seeds of the plant;

(iii) any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;

(iv) the sterilized seed of the plant that is incapable of germination; or

(v) hemp or hemp products, as defined in 6 V.S.A. § 562.

Is Delta-8 a Controlled Substance in Vermont?

No. Updates to Vermont law specifically remove hemp and hemp products from the definition of “marijuana” where it is listed as a Controlled Substance. The Controlled Substances Act does not otherwise mention Delta-8 by name.

Delta 8 THC Possession Limits in Vermont

Because Delta-8 currently exists as an “agricultural commodity” derived from legal hemp material, there are no possession limits defined for Delta-8 products within Vermont law.

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 Vermont?

Yes! Vermont passed S74 in 2004 which enacted medical cannabis legalization across the state. Recently in 2020, the state passed Act 164 to legalize cannabis for recreational use. The recreational market is not yet operational, but dispensaries are set to open in the state in 2022.

Where to Buy Delta 8 in Vermont?

Delta-8 vapes, a quick-delivery dosing style that you can find in most legal markets.

Vermont allows hemp products to be sold in stores across the state. Unfortunately, hemp products are currently subject to very little regulation, including in other Northeastern states where Delta-8 is legal, like Massachusetts, New York, New Hampshire, and Maine. That means that while Delta-8 products may be accessible in the area, the quality may be questionable.

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 Vermont?

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 Vermont 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. “Title 6 : Agriculture, Chapter 034 : Hemp” https://legislature.vermont.gov/statutes/section/06/034/00562
  5. “Title 18 : Health, Chapter 084 : Possession And Control Of Regulated Drugs” https://legislature.vermont.gov/statutes/section/18/084/04201
  6. “AN ACT RELATING TO THE MEDICAL USE OF MARIJUANA” http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/bills/senate/S-076.HTM
  7. “S.54 (Act 164)” https://legislature.vermont.gov/bill/status/2020/s.54

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