No. While some argue that intoxicants that are derived from hemp are “federally legal” because of changes to the definition of hemp that took place in the 2018 Farm Bill, the US government disagrees. 

 

According to the Drug Enforcement Administration, when synthesized from CBD, delta-8 THC is a controlled substance and prohibited. In a 2021 letter from the DEA’s Drug & Chemical Evaluation Section Chief, Terrence Boos stated that “[A]rriving at delta-8-THC by a chemical reaction starting from CBD makes the delta-8-THC synthetic and therefore, not exempted by the Farm Bill…. Any quantity of delta-8-THC obtained by chemical means is a controlled substance.” See press coverage on the DEA’s position, here. 

 

In addition, the Food and Drug Administration has repeatedly stated that any food additive that has not been approved for its intended use in food (such as gummy candy) is deemed to be unsafe and causes the food to be adulterated, and distribution of adulterated food interstate is prohibited through the Food, Drug and Cosmetics Act. For a recent warning issued by the FDA, see their statement, here.