What Is Delta 8 THC?
Delta 8 THC, also known as D8 THC, is a chemical compound that is making its way into many of the CBD products available on the market today. Known to have analgesic, anti-inflammatory, and neuroprotective properties, D8 THC is quickly growing in popularity among consumers in the United States due to its current legal standing.
The passage of the 2018 Farm Bill allows for any products derived from hemp — with less than 0.3% THC by volume— to be sold as legal goods in the United States. This has helped boost the bottom lines of hemp farmers and CBD companies, but unfortunately advertising products containing the Delta 8 compound has become increasingly difficult for brands.
Delta 8 and Delta 9 Advertising Regulations in the US
Delta-8 is viewed differently at the federal level than it is at the state level. In August of 2020, the federal Drug Enforcement Agency updated its scheduling regulations to remove hemp from the list of controlled substances, provided it has less than 0.3% Delta-9 tetrahydrocannabinol THC by dry weight. The DEA made the changes in order to adhere to the Agriculture Improvement Act of 2018 (also called the 2018 Farm Bill). These changes may make other types of tetrahydrocannabinols (THC) like Delta-8 legal under federal law.
According to an article in the Houston Chronicle, “Any time the DEA changes its rules on controlled substances, individual states are allowed to choose whether or not to adopt the changes or stick with their existing rules.”
For example: Texas has taken steps to ban Delta 8 ads within the state, though it’s technically legal on the federal level. In addition to Texas and other US states, Canada also prohibits Delta 8 advertising as well as Australia and United Kingdom (UK), so advertisers looking to run D8 related advertisements will need to be mindful of the markets they are targeting when marketing delta 8 THC infused products to the masses.
Delta 8 Legal Compliance for Cannabis & CBD Brands
As a business owner, you must be aware of the laws that govern your industry. In the case of Delta 8 advertising, there are several states that allow it and others where it is forbidden. This is why you have to check these regulations before creating marketing plans for your brand.
We can help you analyze the regulations in your state and find out how to promote products without breaking any rules or facing legal issues later on. We will also guide you through the process of understanding all aspects related to advertising laws so that they do not affect your business negatively at any stage.
In order to fully understand your obligations as an advertiser looking to run Delta 8 THC related advertisements, we’ve put together a list of states where Delta 8 is currently legal to market (as well as where it is currently prohibited to advertise D8). Please note: Because laws change so frequently at the local level, this list may be out of date by the time you read this article. As always, be sure to have your attorney review all applicable laws before advertising D8 related products or services:
D8 Legal States
✅ Alabama: Delta 8 is legal
✅ California: Delta 8 is legal
✅ Connecticut: Delta 8 is legal
✅ Florida: Delta 8 is legal
✅ Georgia: Delta 8 is legal
✅ Hawaii: Delta 8 is legal
✅ Illinois: Delta 8 is legal
✅ Indiana: Delta 8 is legal
✅ Kansas: Delta 8 is legal
✅ Kentucky: Delta 8 is legal
✅ Louisiana: Delta 8 is legal
✅ Maine: Delta 8 is legal
✅ Maryland: Delta 8 is legal
✅ Massachusetts: Delta 8 is legal
✅ Michigan: Delta 8 is legal
✅ Minnesota: Delta 8 is legal
✅ Missouri: Delta 8 is legal
✅ Nebraska: Delta 8 is legal
✅ Nevada: Delta 8 is legal
✅ New Hampshire: Delta 8 is legal
✅ New Jersey: Delta 8 is legal
✅ New Mexico: Delta 8 is legal
✅ New York: Delta 8 is legal
✅ North Carolina: Delta 8 is legal
✅ North Dakota: Delta 8 is legal
✅ Ohio: Delta 8 is legal
✅ Oklahoma: Delta 8 is legal
✅ Oregon: Delta 8 is legal
✅ Pennsylvania: Delta 8 is legal
✅ South Carolina: Delta 8 is legal
✅ South Dakota: Delta 8 is legal
✅ Tennessee: Delta 8 is legal
✅ Vermont: Delta 8 is legal
✅ Virginia: Delta 8 is legal
✅ Washington: Delta 8 is legal
✅ West Virginia: Delta 8 is legal
✅ Wisconsin: Delta 8 is legal
✅ Wyoming: Delta 8 is legal
States To Avoid:
❌ Alaska: Delta 8 is illegal
❌ Arizona: Delta 8 is illegal
❌ Arkansas: Delta 8 is illegal
❌ Colorado: Delta 8 is illegal
❌ Delaware: Delta 8 is illegal
❌ Idaho: Delta 8 is illegal
❌ Iowa: Delta 8 is illegal
❌ Mississippi: Delta 8 is illegal
❌ Montana: Delta 8 is illegal
❌ Rhode Island: Delta 8 is illegal
❌ Texas: Delta 8 is illegal
❌ Utah: Delta 8 is illegal
D8 THC Advertising Rules – Who Can Advertise?
Mantis is committed to compliance and supports brands looking to advertise Delta 8 THC in a safe and responsible way. To help advertisers get started, we have created a comprehensive advertising guidelines and restrictions document outlining advertising rules and regulations around products infused with the D8 chemical compound.
Delta 8 THC Friendly Advertising Networks
Although brands cannot advertise Delta 8 products or services via Facebook, Google, or other mainstream platforms due to their network’s strict advertising policies, we are happy to report that Mantis does allow Delta 8 THC related advertising as long ads comply with our platform’s Ad Policies & Creative Restrictions.
This means D8 focused brands can quickly reach the largest audience of cannabis and CBD enthusiasts anywhere on the web via Mantis without having to rely on traditional advertising platforms who are unfriendly to D8, D9, CBD, and other related products and services offered in the legal cannabis industry.
Mantis Supported Ad Channels
Display ads by Mantis
Drive targeted traffic to your website or product lander with display ads by Mantis.
Mantis offers self-service ad software that is designed for all experience levels. Track creative performance metrics such as the vCTR of each ad you upload to identify the best performing creatives and pause any underperforming creatives with ease.
As an advertiser, you can A/B test as many display banner ads as you'd like. Simply upload your artwork into the campaign creation wizard and let Mantis handle the rest. The system will automatically rotate through your banner ads in an attempt to identify the top performing unit(s) to begin prioritizing over any underperforming unit(s).
Sponsored content ads by Mantis
Sponsored content ads, sometimes referred to as recommended content ads, are paid advertisements that show as native content hosted under popular articles on partner websites included in the Mantis network.
These type of campaigns must link to a landing page with content, rather than a sales/offer page. Because of this, sponsored content ads are a great tool to leverage when the goal is to drive targeted traffic to your company's blog or PR articles to guarantee visibility at a lower cost per click than display ads.
Programmatic video ads by Mantis
Video advertisements are served on publications included in the Mantis ad network in one of two ways:
Pre-roll video ads- Publications opting to embed video ads as pre-roll inventory before self-hosted video content.
In-article video ads- Publications opting to use the Mantis appearing and disappearing video player can display video ads in-line with non-video content hosted on their website.
The best part is you'll get guaranteed viewability of 100% video completion of 2 seconds or more when running video creative with Mantis.