Do I Need a License to Sell Delta-8?
Is Selling Delta 8 Without a License Legal?
You may have heard online that you need a license to sell delta-8 in the United States of America. The truth is that federally you are not required to have a license to sell delta 8 in the USA. However, each State has its hemp state program and laws. For instance, in Florida, you are required to have a license to sell delta 8 even though, federally, it is legal to sell CBD products containing delta 8 without a license. Sounds confusing, right? Continue reading to learn exactly how this is possible and how you could stay on the right side of the law.
How State Health Services Require Licensing to Sell CBD Products Containing THC?
Some states require sellers to be licensed before offering delta-8 for sale. This is possible because most states have developed their own state health services and cannabis regulatory agency requiring retail hemp registration and a hemp product license when selling CBD products or hemp. Since delta-8 is derived from hemp, hemp would fall under the regulatory supervision each State has set up. You would be required to obtain dshs retail hemp permission to sell delta-8 THC. However, this depends entirely on the State where you are selling delta-8 THC. In some states, you are not required to obtain licensing when selling delta 8.
For instance, in Florida, you may not sell products containing delta-8 THC, whether retail or wholesale, without obtaining licensing. This is because Florida has developed a state hemp program that regulates cannabis, delta-8, and CBD for cultivation in food, being sold wholesale, and being sold retail. Depending on whether you are cultivating delta-8 or selling delta-8 in food retail, you may need a different license.
What are the Penalties if you are Selling Delta 8 Hemp Without a License?
Despite what you may have read on the internet, we are here to state the facts on how law enforcement agencies view delta-8 THC and the penalties for selling delta-8 THC without a dshs consumable hemp permit in states where required. Contrary to popular belief, the DEA does not view delta-8 THC as a controlled substance under the Controlled Substances Act. A recent virtual town hall was hosted by the Florida Department of Agriculture with the DEA Chief of Intergovernmental Affairs Sean Mitchell. Sean was asked flat out whether the agency considered delta-8 THC illegal. Here is how he answered,
“what I want to say, and I’ll be very, very deliberate and clear, at this time—I repeat again, at this time—per the Farm Bill, the only thing that is a controlled substance is delta-9 THC greater than 0.3 percent on a dry-weight basis.”
Even more, there was a recent letter sent to Alabama regulators from the DEA which said the following in further detail about the legality of delta-8 THC on a federal level,
“Cannabinoids extracted from the cannabis plant that has a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis meet the definition of ‘hemp’ and thus are not controlled under the [Controlled Substances Act]. Only tetrahydrocannabinol in or derived from the cannabis plant—not synthetic tetrahydrocannabinol—is subject to being excluded from control as a ‘tetrahydrocannabinol’ in hemp. Synthetically produced from non-cannabis materials is controlled under the CSA as a ‘tetrahydrocannabinol.”
This means that as long as your delta-8 THC is organic from cannabis plants, specifically hemp, you will not be penalized for selling delta-8 THC without a license on a federal level by the DEA. With that said, each State has different laws and regulations around selling delta-8 THC. There are steep penalties for selling delta-8 THC without a license in states that require a pair of licenses.
Are delta-8 Resellers Legal?
Yes, delta-8 resellers are legal. However, they should remain compliant with the federal and State laws surrounding CBD and delta 8.
FAQ About the Delta-8 License
Do You Need a License to Sell Delta-8 in Georgia?
Yes, you are required to obtain either a hemp growers license or hemp processor license from Georgia to sell delta 8 in the State. According to the Georgia Hemp Act and the Georgia State Hemp Plan, it is unlawful for,
“Any person to cultivate, handle, or process hemp in this state unless such person holds a hemp grower license or a hemp processor permit issued by the department pursuant to this chapter or is employed by a licensee or permittee.”
Do I Need a License to Sell Delta-8 in California?
Yes, you need a license to sell delta 8 in California. There are multiple licenses for how you are selling delta 8, to whom you are selling delta 8, and the different delta 8 products you may be selling. In California, hemp-derived inhalable products, including hemp-derived delta 8, are illegal. However, marijuana-derived inhalable delta 8 products are legal and require a different cannabis license. We have a guide that explains everything you need to know to get licensed to sell delta 8 and CBD in California.
Do You Need a License to Sell Delta-8 in Ohio?
You do not need a license to sell delta 8 in Ohio. You do not need a license to sell any hemp products in Ohio. However, you must meet specific packaging requirements and inspections to remain legal.
Do You Need a License to Sell Delta-8 in NC?
No, you do not need a license to sell delta-8 in North Carolina. However, North Carolina considers delta-8 created due to chemical conversion, including from CBD to delta-8, illegal.
Do I Need a License to Sell Delta 8 in Louisiana?
Yes, you must obtain a hemp-derived CBD Product Retail Permit in Louisiana to sell delta 8 within the State of Louisiana.
How to Sell Delta-8 in Texas?
Yes, you must obtain one or multiple different licenses from the Texas Department of State Health Services to sell delta-8 in Texas.