March 5, 2022

Jeff Johnson

Cannabis

Let’s Talk Delta-8 State Legality: Vermont

Delta 9 has been medically legal since the passing of S74 in 2004. Then in 2020 they passed in ACT 164. The state of Vermont has legalized both medical and recreational marijuana—the doors open for recreational operations in just a few days at the start of 2022.

Delta 8 THC hasn’t been removed from the Controlled Substances in the state of Vermont. Hemp remains as a agriculture commodity. In May of 2020, The Vermont Hemp Rules revealed that Delta-8 THC cannot be manufactured in the state of Vermont. It looks as if the state may be taking notes from other recreational states and see that delta-8 THC may hurt the delta-9 THC market. This technically makes delta-8 THC illegal in the state of Vermont. However, possession isn’t a criminal offense but be certain to have your paperwork with you if you are in possession of delta-8.

Key Takeaways

• Delta-9 THC has been medically legal in Vermont since 2004, with recreational legalization in 2022, while Delta-8 THC remains illegal for manufacturing, though possession isn’t criminalized.
• Vermont’s regulations strictly prohibit the use of synthetic cannabinoids in hemp products, ensuring user safety and product quality.
• The state’s definition of “hemp” encompasses various derivatives and products, highlighting its recognition as an agricultural commodity under federal law.
• Vermont’s legal framework distinguishes between marijuana and hemp, with the latter being exempt from marijuana regulations, emphasizing the state’s commitment to aligning with federal guidelines.

VERMONT HEMP FINAL RULE

6.3. A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product.

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 usage, 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.