Is Delta THC Legal in Oklahoma?


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Oklahoma Delta-9 THC Overview >
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What is Delta THC?

Delta THC refers to any of the isomers of THC, a cannabinoid naturally found in cannabis plants including hemp and marijuana. Delta-9 tetrahydrocannabinol (THC) is one of the most abundant cannabinoids found in these plants. It is known for its ability to bind to human endocannabinoid receptors when consumed and produce a ''high'' sensation desired by recreational cannabis users. In addition to Delta-9 THC, other notable isomers of THC include Delta-8 THC, Delta-10 THC, Delta-3 THC, Delta-6 THC, exo-THC, and Delta-7 THC. Many of them occur naturally but are mainly synthesized because Cannabis sativa plants only contain them in trace amounts. Most of marijuana's psychoactive effects of THC are attributed to the Delta-9 THC isomer. The action of THC molecules on the body's endocannabinoid receptors is responsible for the antidepressant, calming, pain-relieving, and other medically significant physiologic effects users experience after cannabis use.


According to Section 63.2.801(3) of the Oklahoma Statutes, cannabidiol (CBD) is a major non-psychoactive phytocannabinoid of Cannabis sativa plants or any of its products. CBD is found in cannabis and hemp plants, but hemp plants have higher amounts of cannabinoid. This cannabinoid differs from THC, another active compound occurring naturally in marijuana and hemp plants. CBD and THC bind to the endocannabinoid receptors in the brain to produce physiologic outcomes. However, THC causes a ''high'' when consumed, whereas CBD produces a relaxing feeling without intoxication.

Most drug tests do not screen for CBD because it does not impair users' mental capacities, and it is legal under federal law (the 2018 Farm Bill) when derived from hemp plants. CBD products usually contain small amounts of THC. Therefore, a person may test positive for THC after consuming large quantities of CBD products.

In April 2015, Governor Mary Fallin approved House Bill 2154, which allowed the use of CBD to treat severe epilepsy that is unresponsive to conventional epilepsy therapy. CBD is also used in treating Crohn's disease, Parkinson's disease, dystonia, anxiety, pain, inflammatory bowel disease, psychosis, and depression. THC is usually found in higher concentrations in cannabis plants than in hemp plants. It is sometimes recommended for treating medical conditions such as cancer, Alzheimer's disease, anorexia, glaucoma, schizophrenia, multiple sclerosis, post-traumatic stress disorder (PTSD), Crohn's disease, and HIV/AIDS.

What is Delta-8 THC?

Delta-8 THC is a cannabinoid with medically significant properties such as antiemetic, antidepressant, neuroprotective, anticancer, appetite-stimulating, and analgesic properties. It naturally occurs in marijuana and hemp plants. Delta-8 THC is usually manufactured synthetically because cannabis plants only contain the cannabinoid in trace amounts. When consumed, Delta-8 THC can produce psychoactive effects similar to those experienced after Delta-9 THC use. However, the ''high'' produced by Delta-8 THC is milder.

The human body processes Delta-8 THC the same way as Delta-9 THC, and their metabolites interact with the same receptors in the endocannabinoid system. Drug tests can detect Delta-8 THC in the body after use. However, since Delta-8 and Delta-9 THC produce the same metabolites, drug tests cannot identify the specific THC isomer consumed. Typically, Delta-8 THC remains detectable for up to 90 days in hair, ten days in urine, 48 hours in blood, and one month in saliva samples. Users of Delta-8 THC products may experience side effects such as anxiety, hallucination, tremor, nausea, paranoia, and dizziness.

Is Delta-8 THC Legal in Oklahoma?

Marijuana and its derivatives are listed as Schedule I controlled substances with a high potential for abuse under Section 63.2.203 of the Oklahoma Statutes. Therefore, Delta-8 THC products derived from cannabis plants are illegal for recreational use in Oklahoma. However, after Oklahoma voters approved State Question 788, marijuana-derived Delta-8 THC products became legal for medical use. Therefore, medical marijuana patients registered under the Oklahoma medical marijuana program may purchase Delta-8 THC products from marijuana dispensaries in the state. The provisions of Title 63 of the Oklahoma Statutes do not limit medical marijuana patients from using any specific Delta-8 product. However, marijuana patients cannot smoke Delta-8 THC products in public spaces.

Delta-8 THC products derived from hemp plants that do not contain over 0.3% THC are legal in Oklahoma. After the 2018 Farm Bill removed hemp from the definition of marijuana, cannabinoids derived from hemp became federally acceptable. Consequently, Oklahoma approved House Bill 2913 in 2018, which contained the state's hemp production plan. As provided in House Bill 2913, Oklahoma residents can buy Delta-8 THC products online or locally in various formulations such as oils, edibles, and topicals. Furthermore, Oklahoma residents may ship in hemp-sourced Delta-8 products from other states, provided they do not contain more than 0.3% THC.

What is Delta-9 THC?

Delta-9 THC is one of the major naturally occurring tetrahydrocannabinol isomers in Cannabis sativa plants. It can show up in drug tests when consumed for approximately 90 days in the hair, 48 hours in the saliva, one month in urine, and 36 hours in the blood. Delta-9 THC is usually found in high levels in cannabis plants, but hemp plants contain much lower amounts of this compound.

Delta-9 THC can cause a ''high,'' and most of marijuana's euphoric effects desired by recreational users are attributed to this cannabinoid. Nevertheless, Delta-9 is known to have significant medical benefits when consumed. It can interact with pain receptors in the brain and minimize pain symptoms. Therefore, Delta-9 THC is sometimes used to treat nociceptive and neuropathic pain. Delta-9 THC also enhances a feeling of wellness and relaxation, which are beneficial for patients with insomnia. Furthermore, Delta-9 THC is used to treat nausea caused by drugs used for managing cancer, multiple sclerosis, and post-traumatic stress disorder.

The medical benefits of Delta-9 THC are mostly experienced when the cannabinoid is used in moderate amounts. When consumed in higher concentrations, Delta-9 THC can cause hallucinations, panic attacks, paranoia, anxiety, and impaired coordination. Persons using Delta-9 THC products in moderate amounts for medical reasons are usually advised not to drive immediately after consuming the products.

Is Delta-9 THC Legal in Oklahoma?

Delta-9 THC is legal in Oklahoma for limited medical uses. Per Title 63 of the Oklahoma Statutes, registered medical marijuana patients diagnosed with specific medical conditions may purchase Delta-9 THC products from marijuana dispensaries. Oklahoma law does not limit the type of Delta-9 THC product a qualified patient can buy, provided the product does not contain over 0.3% THC. Furthermore, in line with the 2018 Farm Bill and Oklahoma's hemp production plan, state residents may purchase hemp-derived Delta-9 THC products that contain a maximum THC concentration of 0.3%.

Delta-9 THC products are safe for consumption. Oklahoma residents may buy them online or at local stores. Residents may also order Delta-9 THC products from other states if the products were obtained from federally acceptable sources. Some common side effects of Delta-9 THC use are poor muscle and limb coordination, increased heart rate, distorted senses, red eyes, and panic attacks.

What is Delta-10 THC?

Delta-10 THC is a phytocannabinoid, and an isomer of Delta-9 THC, that can get a user high. When consumed, Delta-10 THC remains in their body and accumulates with prolonged use. Delta-10 THC can remain detectable in the body even after its psychoactive effects wear off. According to the provisions of House Bill 1441, it is unlawful to drive with any amount of a Schedule I controlled substance or its metabolites in the system. Marijuana is a Schedule I controlled substance in Oklahoma, and Delta-10 THC is one of its known derivatives. Therefore, having Delta-10 THC metabolites in the body when driving can lead to serious legal repercussions.

Saliva tests can detect Delta-10 THC for up to 48 hours after a Delta-10 THC product consumption, while urine tests can identify Delta-10 THC metabolites for up to one month. Nevertheless, Delta-10 THC may not show up in a urine test after one week if the user does not consume Delta-10 THC products frequently. Hair samples can test positive for Delta-10 THC for up to 3 months, while blood samples can detect Delta-10 THC for about three days.

Delta-10 THC THC is less potent than Delta-9 THC. Therefore, it causes milder euphoria, paranoia, and anxiety than Delta-9 THC when smoked or ingested. Delta-10 THC gives a calming feeling similar to that experienced after taking Delta-8 THC products.

Is Delta-10 THC Legal in Oklahoma?

The provisions of Oklahoma statutes do not restrict the sale of hemp-derived Delta-10 THC products in the state. Therefore, in line with Oklahoma's hemp production plan, residents of the state may legally buy and sell Delta-10 THC products derived from hemp if the products do not contain over 0.3% THC. Such products are usually available online and at local stores. In line with the United States Agriculture Improvement Act of 2018, it is legal to transport Delta-10 THC products derived from industrial hemp across state lines. Therefore, persons may legally carry Delta-10 THC products when entering Oklahoma or have the products shipped into the state.

Marijuana-derived Delta-10 THC products cannot be shipped into Oklahoma because marijuana and its derivatives (including Delta-10 THC) are classified as Schedule I controlled substances federally. Only registered medical marijuana patients in Oklahoma can purchase and use Delta-10 THC products derived from marijuana. Such products are readily available to qualifying patients at medical marijuana dispensaries.

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Oklahoma Delta THC Overview