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New Oklahoma Law Excludes Delta-8 And Delta-10 THC From Definition Of Marijuana

On Behalf of | Jun 12, 2021 | Oklahoma Medical Marijuana Attorney, Oklahoma Medical Marijuana Compliance, Oklahoma Medical Marijuana Law, OMMA, Tulsa Medical Marijuana Attorney

A new law signed by Gov. Kevin Stitt on May 28 excludes Delta-8 and Delta-10 THC from the definition of marijuana, said Tulsa medical marijuana attorney Stephen Cale.

The following is for educational purposes only and is not legal advice.


Changing the legal definition of marijuana removes just about any possibility of the Oklahoma Medical Marijuana Authority (OMMA) regulating the production, sale, distribution or use of Delta-8 and Delta-10 THC compounds.

Both of those THC compounds can be extracted from hemp or cannabis grown for medical or recreational use. So, the only way the OMMA could have oversight is if medical marijuana was used to extract the compounds. But, the compounds in their final form arguably wouldn’t fall under OMMA oversight.

“Hemp” has a specific legal definition. The federal 2018 Farm Bill defines hemp as Cannabis sativa L. and “any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,” with no more than a 0.3 percent concentration of Delta-9 THC. Oklahoma’s Industrial Hemp Program has a similar definition.

At a basic level, Delta-9 THC is the compound in marijuana that produces a “high” effect. It commonly is referred to as “THC.”


Delta-8 THC and Delta-10 THC, are gaining popularity because they can still produce a “high” effect but at about half the intensity of “regular” THC. Plus, the compounds are arguably legal in other states.

Delta-8 THC is a psychoactive cannabinoid found in the cannabis plant. It has a different chemical arrangement than Delta-9 THC. And, like “ordinary” THC, Delta-8 THC also affects the human endocannabinoid system.

“Things like anxiety and sleep would be nice to tackle with a Delta-8 product,” said Chip Paul. He and his wife, Cynthia Paul, founded Gnu Pharma, an Owasso-based research, development, and manufacturing company specializing in modulating the endocannabinoid system.

Delta-10 THC also is a cannabinoid naturally found in cannabis. “It is more racey and has more of a sativa-type lift,” Paul said.

RELATED: Learn More About Delta-8, Delta-9, And Delta-10 THC

RELATED: The Delta-8 THC Controversy

Tulsa medical marijuana attorney Stephen Cale is the founder of Cale Law Office, located in Tulsa, Oklahoma. He has been serving people with legal needs for more than 22 years.

Medical marijuana attorney Stephen Cale works with a number of marijuana-related organizations. He is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). Additionally, he serves on the board of Green Country NORML, a Tulsa chapter of NORML. He also serves as a board member for, and is on the Standard Operating Procedures steering committee for, OK4U Approved, a medical marijuana patient union and trade organization.

The Cale Law Office has helped numerous people acquire their commercial medical marijuana dispensary, processor, and grower licenses. If you want a medical marijuana business license, marijuana compliance auditing, or need legal representation in the Oklahoma medical marijuana industry, call the Cale Law Office at 918-771-7314. Your initial consultation is free. Or, contact us through the web.