Delta-8 THC Is Legal in Oklahoma, But Lawmakers Want to Regulate It

Oklahoma legalized delta-8 THC in 2019, but changes are on the horizon.

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Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

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Fact checked byNeil Willner

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Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

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Delta-8 THC products sold in Oklahoma
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Delta-8 THC has been a controversial cannabinoid across the country, but a recent attempt in Oklahoma to regulate the cannabinoid wasn’t signed into law.

This means that delta-8 THC remains legal in the state under the 2018 Farm Bill and the state’s Senate Bill 868, with only fairly basic requirements for products sold in the state.

State lawmakers are paying attention, though, and it’s likely that things will change for delta-8 in Oklahoma in the near future. Here’s what you need to know. 

Delta-8 THC is legal to sell in Oklahoma because state law follows the 2018 Farm Bill.

Oklahoma passed Senate Bill (SB) 868 in 2019, which updated the pilot program established a year earlier by House Bill (HB) 2913. In particular, SB 868 updated the definition of hemp (Section 3-402(3)/page 8) to match the Farm Bill’s definition (which includes “all cannabinoids” in hemp) and also defined “processing” ((Section 3-402(6)/page 9) in the context of hemp to mean, “converting industrial hemp into a marketable form, including the production of all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers.” 

The bill also removed hemp from the definition of marijuana (Section 2-101(23)(h)/page 21) in the state’s controlled substances list. 

All of these things combined mean that Oklahoma legalized delta-8 THC, even if sellers “process” CBD into delta-8 THC. The finished product just has to contain less than 0.3% delta-9 THC by dry weight.

RELATED: Where Is Delta-8 THC Legal? A State-by-State Guide

Can You Buy Delta-8 THC in Oklahoma? 

Delta-8 THC is available to buy in Oklahoma, from both online stores and brick-and-mortar retailers in the state. 

Delta-8 THC Alternatives You Can Legally Buy in Oklahoma 

Oklahoma only has basic hemp laws, so you can also buy delta-8 THC, hemp delta-9, delta-10 and other THC isomers legally in the state. 

Are There Age Restrictions on Delta-8 THC Products? 

There are no age restrictions on hemp products in Oklahoma, which means there is no legal age limit on delta-8 THC either. However, sellers generally institute a minimum age of 18 or 21 to purchase.   

Can You Travel to Oklahoma With Delta-8? 

Yes, delta-8 THC is not a controlled substance at the federal or state level, so it can be taken into Oklahoma without issues. However, you should bring a certificate of analysis (COA) for your product to prove it is legal hemp. 

Since SB 868 removed hemp from the controlled substances bill in the state, and delta-8 THC is classified as hemp, it can be brought into the state without issues. The Transportation Security Administration (TSA) points out that hemp products are exempted from federal prohibition and can be taken on flights. However, it’s a good idea to bring a COA for products you bring to prove that they contain less than 0.3% delta-9 THC by dry weight.

Closing Thoughts: The Future for Delta-8 in Oklahoma 

It’s likely that Oklahoma will pass some new laws relating to delta-8 THC in the next year. 

Firstly, the 2023 Farm Bill may make substantial changes to federal rules surrounding delta-8 THC, and this would also be reflected in Oklahoma law if this happens.

Secondly, at the state level, legislators proposed SB 635 in 2023, which would have created a new category of “hemp-derived cannabinoid product,” required companies to register new products and established rules around labeling and contents. Although this bill wasn’t signed into law, it’s likely that lawmakers will make another attempt in 2024. 

Overall, it’s very likely that the situation for delta-8 in Oklahoma will change in the next year.