Currently Proposed Delta 8 Legislation


With Kentucky making delta 8 news yesterday after their governor signed new laws into effect, I thought it would be an appropriate time to check in with what’s on the table in terms of proposed delta 8 legislation across the country.  These laws are ever-changing, and it can be tough to keep track of what’s current.  What flies in one state may not fly in another, and delta 8 remains a hot issue among legislators in our country.  Keep reading to see the latest in delta 8 news. 


Currently, there are two proposed senate bills in Arizona that would affect delta 8.  Senate Bill 1271 declares that hemp-derived products would be regulated by the Arizona Department of Agriculture.  A potential House Amendment proposes that these products would not be sold to people under the age of twenty-one.  The second bill, Senate Bill 1453 would mandate that delta 8 could only be sold in licensed dispensaries.


Kentucky appears likely to legalize medical cannabis by the end of the year.  Yesterday in delta 8 news, Governor Andy Beshear signed House Bill 544.  This law instructs that consumers must be at least twenty-one to buy delta 8.  Delta 8 products must also be kept covered and behind the counter in the hopes of preventing theft and underage consumption.  Additionally, this bill introduces labeling, packaging, and testing regulations.  Product packaging must be tamper-evident; products must be tested for contaminants; and ingredients need to be listed.  


You already know if you read this article that Texas is in a tricky spot with delta 8.  Efforts by the state to ban delta 8 in 2021 have essentially been paused.  At the time, the Texas Department of State Health Services determined that delta 8 was an illegal substance.  Retailers pushed back with a lawsuit which argued that proper notice had not been given to businesses regarding the cessation of sales.  This pause, unfortunately, seems to be coming to an end.

In December of last year, Senator Charles Perry proposed a bill that would ban the production and sale of all synthetic forms of THC (including delta 8).  If this bill passes, it will take effect on September 1 of this year.


Earlier this year, Virginia General Assembly passed a bill that would impose regulations on delta 8.  Anyone selling delta 8 would need a state license; violators could face fines of up to $10,000 per day of infraction.  Like many others before it, Virginia’s bill also seeks to impose regulations on packaging.  Packaging must be child-resistant, and clearly declare the THC content of the product.  Governor Glenn Youngkin is likely going to sign this bill into law later this year.


If you’ve been reading with us for a while now, you’re likely familiar with the 2018 Farm Bill, which legalized hemp on a federal level and is essentially responsible for the boom in hemp-derived cannabinoids such as delta 8 and HHC.  Apparently, Agricultural Improvement Acts need to be passed every five years, which means we will be seeing an update here in 2023.  With many states seeking to regulate delta 8, and interest in involvement from the FDA, it will be interesting to see how this bill may change the game of hemp this year.  

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