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 Advertising Regulations in the United States

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):

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 & Platforms

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 advertisers 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, CBD, and other related products and services offered in the legal cannabis industry.

Advertise Your Delta 8 Brand With Mantis

If you have an existing campaign or are looking to start one, feel free to create your Mantis account and/or reach out to support and we’ll be happy to help guide you through this process!

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