Hemp-derived cannabinoids have become mainstream, with Delta-8 THC, THC-A, and other novel hemp products showing up everywhere from gas stations to boutique wellness shops. While these items are federally legal under the 2018 Farm Bill—provided they contain no more than 0.3% Delta-9 THC—they still present a significant challenge for firearm owners. The complexity stems from how federal gun laws interpret “controlled substances” and the blurred regulatory lines around hemp-derived intoxicants.

Under federal law, anyone who is an “unlawful user” of a controlled substance is prohibited from purchasing or possessing a firearm. This rule is enforced through ATF Form 4473, the background-check questionnaire required for firearm purchases. The issue is that Delta-8 and other hemp-derived intoxicants exist in a federal gray zone. The Farm Bill legalized hemp, but it did not anticipate a booming market for chemically converted cannabinoids that can produce psychoactive effects similar to marijuana. Because of that, the Drug Enforcement Administration (DEA) has not formally classified Delta-8 as a controlled substance, yet has expressed concern over products created through chemical conversion rather than natural extraction.

For consumers, the concern centers on how ATF might interpret use of these products. While hemp itself is legal, Delta-8 products can produce impairment and mimic the effects of marijuana, which remains federally illegal. ATF guidance states that any regular use of substances that cause impairment—when those substances are illegal under federal law—can be grounds for firearm prohibition. The absence of explicit federal regulation on Delta-8 leaves room for interpretation. Some legal scholars argue that if the intoxicating compound is not scheduled, it should not count as a controlled substance. Others warn that an agency could determine that chemically altered cannabinoids fall outside the Farm Bill’s protections, creating potential risk for gun owners who use them.

Another complication involves drug testing. Many Delta-8 and hemp products contain trace levels of Delta-9 THC or convert to Delta-9 metabolites through digestion. Standard drug tests do not differentiate between legal hemp-derived cannabinoids and federally illegal marijuana use. A positive test could be viewed by authorities as evidence of being an “unlawful user,” even if the consumer believed the product was legal.

State laws add an additional layer of uncertainty. Some states explicitly ban Delta-8, others regulate it like recreational cannabis, and many leave it unregulated. Federal firearm law applies regardless of state policy, but confusion between state legality and federal prohibition frequently leads consumers to assume firearm eligibility is unaffected—an assumption that may not hold under close scrutiny.

For now, the safest approach for firearm owners is caution. Until federal agencies issue clearer rules, anyone who uses Delta-8 or other intoxicating hemp products should understand that they operate inside a legal gray zone. The products may be legal to purchase, but how they interact with federal firearm eligibility remains unresolved. Staying informed is the best defense for responsible gun owners.