Oregon Bans Delta-8 THC and Other Artificially Produced Cannabinoids

Delta-8 THC can’t be legally sold in Oregon (even as cannabis).

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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

Fact checked by

Neil Willner

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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Despite having legalized cannabis for adult use, delta-8 THC is not legal to sell in Oregon either as cannabis or as hemp.

The state has rules specifically addressing “artificially derived cannabinoids,” and the fact that all delta-8 THC meets this definition means that they can’t be legally sold in the state. Even though it’s not currently allowed, it’s likely that if the state were to ever allow delta-8 THC to be sold, it would be in the adult use cannabis industry. 

Here’s what you need to know about Oregon hemp law.   

Delta-8 THC is not legal to sell in Oregon, either as hemp or marijuana.

Although the state’s definition of “industrial hemp” could be considered to include delta-8 THC (including “any part of [the cannabis plant] whether growing or not” with under 0.3% delta-9 THC), rules created as a result of 2021’s House Bill (HB) 3000 make it clear that it does not. Delta-8 THC meets the state’s definition of “artificially derived cannabinoid”, and these are not allowed to be used in industrial hemp products. 

For the recreational marijuana industry, the law notes that artificially derived cannabinoids can only be used if they meet some criteria. However, one of these is that it can’t be intoxicating, which means that delta-8 THC doesn’t qualify. Because of this, delta-8 can’t be sold as part of the adult use marijuana industry either. 

In other words, delta-8 THC is totally banned from sale in Oregon.

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

Can You Buy Delta-8 THC Products in Oregon? 

Delta-8 THC is not available to buy in Oregon. The state has banned it from sale in both the hemp and cannabis marketplaces, and there doesn’t appear to be a substantial issue with illegal sales. 

Delta-8 Alternatives You Can Legally Buy 

Since most of the alternative hemp cannabinoids are covered by Oregon’s ban, the best alternative to delta-8 THC you can legally buy is cannabis itself. The state legalized marijuana and has a wide selection of strains available at state-licensed dispensaries, including strains with milder, more delta-8-like effects. 

Are There Age Restrictions on Delta-8 THC Products? 

If the rules in Oregon were to be changed, delta-8 THC would only be available to adults aged 21 or older. Anything with above 0.5 mg of any THC is considered an adult-use cannabis item and can only be sold to adults aged 21 or over.   

Can You Travel to Oregon With Delta-8? 

Yes. Delta-8 THC isn’t a controlled substance at the federal level and even marijuana is legal to possess in Oregon.

Although it is illegal to sell delta-8 THC in Oregon, it is not illegal to possess it. Likewise, at the federal level, delta-8 THC derived from hemp is not a controlled substance, and so moving it across state lines is allowed. This means that you can bring delta-8 THC into Oregon, provided you stay within legal limits for marijuana (e.g. 16 ounces for a cannabinoid product in solid form – i.e. edibles). 

You can also fly with hemp-derived delta-8 THC, according to travel guidance from the Transportation Security Administration (TSA). Bring a certificate of analysis (COA) for your product so you can prove that it’s compliant hemp if questioned.

Closing Thoughts: The Future for Delta-8 in Oregon 

Delta-8 THC is banned in Oregon already, and it’s unlikely that this will be changed in the near future. With the state having a thriving marijuana industry, there is less interest in delta-8 THC generally and even if it were to be sold, it would likely be as part of the marijuana industry. 

Even the 2023 Farm Bill is unlikely to change anything for Oregon, since the state already has a system set up for the regulation of hemp products. If the federal definition of hemp changes, for example, Oregon will still retain its rules about artificially derived cannabinoids, and it’s unlikely that Congress will prevent states from keeping these rules. 

Overall, the future for delta-8 THC in Oregon will probably look a lot like the present.