Jonathan Miller interviews FBT attorney Nolan Jackson about the rise of delta-8 THC. What is D8, is it legal, and what kind of legal and regulatory future does it face? Jackson is one of the nation’s leading experts on state and federal hemp regulation, serving as outside counsel to the US Hemp Roundtable. If you have questions about the episode or ideas for Hemp related topics, email us at

Delta-8 Episode Resources:

Host: Jonathan Miller
Guest: Nolan Jackson
Blog: Hemp Legally Speaking

Hemp industry questions covered in this episode:
  1. What is delta-8?  How do you manufacture it?
  2. What’s the difference between delta-8 and delta-9?
  3. Make the argument that delta-8 is LEGAL federally.
  4. Make the argument that delta-8 is ILLEGAL federally.
  5. Putting aside the letter of the law, what is the spirit of the law, i.e. what were Congress’ intentions?
  6. What has the DEA said about delta-8?
  7. What is the US Hemp Roundtable’s position on delta-8? 
  8. What is the US Hemp Authority’s position?
  9. What is the HIA’s position?
  10. What is the position of leading cannabis organizations?
  11. Have any states passed laws banning or regulating delta-8?
  12. Have any states promulgated regulations on the issue?
  13. In gray area states, are there agency officials who have made declarations about delta-8?
  14. Let’s discuss Kentucky – KDA statement, local enforcement actions, KHA threats.
  15. What are your predictions on future legal and regulatory treatment of delta-8? 
If you have questions about the episode or ideas for Hemp related topics, email us at
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