Federal laws legalized hemp derivatives a few years ago and various states have been following suit. One of the reasons this process can be so complicated is that hemp and marijuana are expressly linked.
Technically, they are the same plant and scientifically, cannabis and hemp plants are the same thing. The law, however, doesn’t see things the same way science does. The law differentiates between hemp and cannabis plants based on the tetrahydrocannabinol (THC) content.
THC is one of the chemicals found in cannabis or hemp plants and is the chemical responsible for the intoxication associated with cannabis.
Legally, cannabis that contains 0.3% or less of THC by dry weight, is classified as hemp. It is something of an arbitrary number, though the definition is used legally, including in the Agricultural Act of 2018.
This legal definition and differentiation between cannabis and hemp paves the way for easier legalization of hemp-based products. This is especially relevant to states like Oklahoma, where recreational use of cannabis or marijuana is illegal.
To this effect, Oklahoma exempts hemp from the definition of cannabis or marijuana. With the new laws taking effect and coming to match federal legislation, hemp and hemp-derived products have become legal in Oklahoma.
The act, known as the Oklahoma Industrial Hemp Program, legalizes the use of cannabinoids, isomers, acids, salts, and other derivatives from the hemp plant.
As such, this includes psychoactive substances like Delta-8. However, to be legal in Oklahoma, this substance should be derived from hemp and purchased from a licensed grower (or seller). Additionally, the buyer must be at least 21 years of age or older to make such a purchase.
While it can be purchased over the counter from licensed stores, online shopping and delivery is possible as well.
It is worth noting that while Delta-8 is legal in Oklahoma, the legality doesn’t extend to similar, but more potent substances like Delta-9. That’s because Delta-9 is derived from what’s legally recognized as cannabis, and thus remains illegal in Oklahoma.