Is it Legal to Smoke Delta-8 in Public?

For those of you who live in a state where Delta-8 is legal, you may be wondering, "Can I smoke Delta-8 in public?"

The short answer is probably not. Each state has laws regarding whether smokable hemp is legal or not, but as a general rule of thumb, if you are in public, you should not be smoking (period). That doesn't mean you can’t enjoy Delta-8 in other locations, like the comfort of your home or at a cannabis bar. 

In case you didn't know, Delta-8 THC from hemp is, indeed, federally legal.

According to this bill, a product can contain any derivatives, cannabinoids, or isomers of hemp, with the only caveat being a limit on the concentration of hemp-derived Delta-9 THC. Specifically, a product can contain no more than 0.3% hemp-derived Delta-9 on a dry-weight basis.

This stipulation is also the defining factor for whether a plant is considered marijuana or hemp. But notably, it doesn't put a cap on the milligrams of hemp-derived Delta-9 allowed in a product, just on the proportion of Delta-9 on a dry-weight basis.

The reason Delta-8 is an attractive option is that there is no federal limit on the concentration of Delta-8 THC in a product on a dry-weight basis. You can usually only enjoy Delta-9 in  "dry" products like edibles. For those who want an inhalable or liquid form of THC, Delta-8 products are a suitable alternative.

We all love traveling, and nothing helps you get into the vacation state of mind quite like Delta-8. But before you pack Delta-8 flower or Delta-8 vapes in your luggage, you need to research the laws of all the states you plan to travel through. Even if you bought Delta-8 legally, it could have restrictions in other parts of the U.S.

This applies whether you travel by road or sky. According to federal law, hemp products can be transported across state lines. However, each domestic airline has its own rules. One law that applies to all Air carriers is a ban on inflight smoking by the United States Department of Transportation.

 To avoid falling into unexpected trouble, contact your flight company and ask about their traveling policy before bringing Delta-8 on a plane.

While no laws explicitly regulate whether you can smoke or consume hemp products in public, there are many about smoking publicly in general. There are varying laws on indoor use and outdoor use of e-cigarettes and tobacco products according to the CDC, for example, and considering the federally illegal status of marijuana, it's better to just be safe than sorry when it comes to Delta-8. 

Like tobacco and marijuana, Delta-8 is prohibited to smoke at public buildings, state parks, and other locations around your community. You can carry these items with you, but they cannot be ignited or used in these areas. And if you are carrying a hemp product with you, you better have the Certificate of Analysis (COA) on hand.

Instead, you are encouraged to enjoy these items at a private residence, whether your own or elsewhere with the owner’s permission.

That said, there are specific locations that are permitted for customers to smoke on-site. Usually, at cannabis cafes, restaurants, and even some coffee shops. Keep in mind, that most of these businesses are located in states that have legalized recreational marijuana. So if marijuana isn’t legal in your area, you likely won’t find these types of storefronts.

Delta-8 products do not stop with vapes and flower. Online and in-store, you can also find this cannabinoid infused into Delta-8 edibles and Delta-8 gummies. Simply search for the nearest vape shop or CBD store or go shopping online.

When you go to the store, you risk hitting traffic and wasting your precious time, which is why many customers shop directly from us. That, and our Delta-8 products are lab-tested for quality and safety at a DEA-certified facility. 

At Hometown Hero, our online store is always open and can be accessed with a click of a button. Plus, we offer free priority shipping on all orders. As long as you are 21 years or older and living in a state where Delta-8 is legal, we can ship our products directly to your door. 

It may feel sudden to learn about all the smoking restrictions that our states have in place. But over time, hopefully, more businesses will open up storefronts that will allow the cannabis community to connect in a comfortable environment. Until then, it is best to consume your products at home, curled up on the couch with a few friends.