Is Delta-8 THC Legal?

Delta-8 THC has taken the cannabis industry by storm. Delta-8 THC was made federally legal when Congress passed the Agriculture Improvement Act of 2018 which has come to be better known as the 2018 Farm Bill. The 2018 Farm Bill legalized the hemp plant as well as regulated hemp cultivation. Hemp, or industrial hemp, contains less than .3% delta 9 THC (which is the cannabinoid that makes you “high”) but still comes from the cannabis plant.

Although delta-8 was made legal at the federal level in 2018, certain states have already chosen to ban or regulate the substance. In addition to the states who have already enacted laws regarding delta-8, many more are considering or already have some sort of legislation regarding delta-8 in progress.

The legality of delta-8 is still up in the air and could change depending on the day so it’s always best to make sure to stay up to date on your state’s law.

States Where Delta 8 is Illegal

The following states have outright banned Delta-8 THC products:

  • Arkansas

  • Alaska 

  • Colorado

  • Delaware

  • Idaho

  • Iowa 

  • Montana 

  • New York

  • Nevada

  • North Dakota

  • Rhode Island

  • Vermont

  • Utah

  • Washington

Delta-8 THC Status is currently unclear in:

  • Arizona

  • California

  • Hawaii
  • Kentucky

  • Mississippi

Please note these laws are constantly changing and it’s best to double-check your local laws when purchasing or offering delta-8 for sale.

Delta-8 is legal in all other states although Connecticut and Michigan regulate delta-8 in a way similar to marijuana.

Delta-8 Legality Map - 2022

Delta-8 Legality State by State Guide

Alabama

– Yes!

Delta-8 THC is legal to possess, consume, and sell in the state of Alabama. The state of Alabama agrees with the federal government when it comes to considering delta-8 a hemp-derivative meaning it’s legal as long as it contains less than .3% delta-9 THC on a dry weight basis.

Despite Alabama being on the path to legalizing medicinal weed and many citizens benefiting from delta-8, there have already been efforts to ban it in the state. Republican Senator Arthur Orr introduced an amendment to ban delta-8 THC. The measure failed, in part due to blow back from the hemp farmers who would have suffered heavy losses to their business. Alabama Public Radio reached out to Orr and a spokesperson notified them that Orr doesn’t have any plans of reintroducing the bill so delta-8’s legal status is safe in Alabama for the time being.

Alaska

– No!

Although you can purchase CBD and delta-9 (marijuana) in Alaska, delta-8 is classified as a Schedule IIIA controlled substance making it illegal.

Arizona

– No!

Although it can be a bit confusing with Arizona recently legalizing marijuana, delta-8 falls under a separate bill and remains illegal.

Arkansas

– No!

All forms of THC and THC derivatives except for medicinal marijuana are illegal in the state of Arkansas.

California

– Yes!

Just this last October, Governor Gavin Newsom signed AB-45 into law. This allowed cannabinoids and hemp-derivatives to be legalized and regulated as long as they remained under <.3% Delta-9 THC.

Colorado

– No!

Despite being one of the first states to legalize recreational weed, it might surprise you that delta-8 is banned in Colorado. In May 2021 the Colorado Department of Public Health & Environment put out a statement to further clarify that:

“chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of “industrial hemp product.” This includes any process that converts an industrial hemp cannabinoid, such as CBD isolate, into delta-9, delta-8, delta-10 THC, or other tetrahydrocannabinol isomers or functional analogs”

This effectively banned delta-8 in the state of Colorado.

Connecticut

– Yes!

Delta-8 is actually legal in the state of Connecticut but it’s regulated just like delta-9 tetrahydrocannabinol (marijuana).  This means that retailers in Connecticut are only able to sell delta-8 if they’re also licensed to delta-9 THC.  

Senate Bill 1201, An Act Concerning Responsible and Equitable Preservation of Adult Use Cannabis, was passed and delta-8 THC remained legal and unregulated in Connecticut.  This bill was aimed at removing delta-8 from unlicensed retailers and smoke shops.

DCP Commissioner Michelle Seaull made the following statement regarding the new bill that was signed into law:

“This change stops the exploitation of a loophole in the federal hemp act that resulted in individuals selling unregulated products on the retail market with high delta-8 THC concentrations that have intoxicating effects. Prior to this change, entities were able to sell products in the normal retail market without having to adhere to any testing, packaging, or labeling standards, including childproof packaging standards, or product restrictions prohibiting forms that  appeal to children.”

Delaware

– No!

Delta-8 is illegal in the state of Delaware, even though the 2018 Farm Bill made delta-8 federally legal.  According to Title 16 Health and Safety from Delaware’s Legislative Council;

“Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration”

This statement effectively banned delta-8 THC in the state of Delaware.

Florida

– Yes!

Delta-8 THC is completely legal in the Sunshine State despite recent efforts to ban or regulate the product.  It’s best to keep updated on your state laws as they could change at any time.  Although you need a medical card to purchase delta-9 THC in Florida, there are no requirements to purchase delta-8 although most retailers sell to those 21 years of age and up.

Georgia

– Yes!

Delta-8 is legal to use, possess, and sell in the state of Georgia.  Georgia currently doesn’t have any restrictions on delta-8.  Whereas some states have been working to ban or regulate delta-8, Georgia actually went a step further with Georgia Hemp Farming Act which agreed with the 2018 Farm Bill stating that hemp-derivates were legal as long as they contained < .3% THC.

Hawaii

– Kind of!

In 2020 Hawaii passed HB2689 which mirrored the 2018 Federal Farm Bill agreeing that hemp-derived products under .3% THC were federally legal and allowed in Hawaii.

More recently in 2021 Hawaii passed new legislation prohibiting selling edibles and hemp products that can be inhaled.  This new legislation banned products like

  • Vapes

  • Flower

  • Delta-8 gummies and candies 

  • Any other delta-8 product you would eat

This seems to cover most delta-8 products but the following delta-8 products are still available for purchase.

  • Tinctures

  • Tablets

  • Capsules

  • Softgels

Idaho

– No!

Delta-8, Delta-9 and Delta-10 are all illegal in the state of Idaho.  Idaho does not agree with the 2018 Federal Farm Bill and lists all THC isomers as a Level 1 Controlled Substance.

Illinois

– Yes!

Delta-8 THC is legalized and regulated in Illinois but you must note that it falls under the same licensing requirements as delta-9 THC.  Delta-8 THC must be sold by licensed dispensaries and you won’t find it at random smoke shops.

Indiana

– Yes!

Delta-8 falls under the 2018 Farm Bill legalizing all hemp products as long as they contain < .3% THC.  There is no mention of delta-8 THC anywhere in the Indiana state legislature which puts it in the same classification of the other legal hemp-derived products.

Iowa

– No!

Iowa has taken specific steps to make any and all parts of marijuana plants illegal.  The Iowa State Attorney General has since clarified that CBD is an exception to the rule and can be obtained in the state.  Iowa has strict CBD laws and requires and medical card to purchase. 

Kansas

– Yes!

As of now, the state is currently trying to change that.  The District Attorney of Ellis County already required the removal of all delta-8 products from stores.  Kansas Attorney General Derek Schmidt provided guidance that any product containing < .3% THC would be considered legal.  The Attorney General’s guidance went on to say only unlawful products could not be sold with delta-8 which include

  • Cigarettes 

  • Dip or 

  • Tea 

Kentucky

– No!

In April 2021, the Kentucky Department of Agriculture released guidance stating Delta-8 THC as a Schedule I controlled substance.

Louisiana

– Yes!

Delta-8 is fully legal to possess, use, and distribute in the state of Louisiana.  Louisiana has HB491 in 2019 which aligned with the 2018 Federal Farm Bill.  Both of these bills state that hemp-derived products are legal as long as they contain < .3% Delta-9 THC.

Maine

– Yes!

Delta-8 is legal in Maine.  Maine happens to be one of the more cannabis-friendly states with all cannabis products and hemp derivatives being legal.

Maryland

– Yes!

Maryland was one of the first states to pass their own legislation falling in line with federal law.  House Bill 1123 specifically stated hemp-derived products containing less than .3% THC were legal in the state.

Massachusetts 

– Yes!

Along with recreational cannabis, delta-8 THC is completely legal in Massachusetts.  The state passed Bill H.4001 which fell in line with the Farm Bill and legalized and regulated the sale of hemp and hemp-derived products.  

Michigan

– Yes!

Although selling of delta-8 is restricted in Michigan, it is legal.  House Bill 4517 allows delta-8 THC products to be sold in the state but fall under the same strict licensing and regulation requirements as marijuana.  

Minnesota

– Yes!

Although legislators are currently eyeing to regulate delta-8, it is completely legal to use and possess in Minnesota as of this article.

Mississippi

– No!

Mississippi is one of the few states in which it is illegal to possess delta-8 THC.

Missouri

– Yes!

HB 2034 legalized hemp and hemp derivatives and delta-8 are legal and available to purchase in Missouri.  The Department of Health and Senior Services is considering adding provisions about delta-8 in the future which could bring it’s legality into question.

Montana

– No!

The possession of delta-8 THC is illegal in the state of Montana.

Nebraska

– Yes!

Delta-8 THC is legal in Nebraska although the governor has instructed the Attorney General’s office to review delta-8’s status.  At the moment it remains legal to sell, use, and possess.

Nevada 

– No!

Although recreational cannabis is legal the state has outlawed delta-8.

New Hampshire

– Yes!

In addition to the federal farm bill, New Hampshire passed HB 459 which legalized hemp and hemp-derivatives including delta-8.

New Jersey

– Yes!

The New Jersey Hemp Program specifically makes all hemp and hemp-derived products legal.

New Mexico

– Yes!

New Mexico passed the Hemp Manufacturing Act to regulate delta-8 and other hemp related products.  The act was passed in part to provide protections for customers wanting to purchase delta-8 products.

New York

– No!

Unfortunately New York recently banned all delta-8 products.

North Carolina

– Yes!

Delta-8 became legal in North Carolina with the 2018 Farm Bill.  Although there have been calls to regulate or even ban delta-8 in the state, there is currently not any pending legislation.

North Dakota

– No!

The North Dakota state legislature banned delta-8 in April 2021.

Ohio

– Yes!

In addition to medical marijuana, Ohio allows the sale of delta-8 products.  Although a medical card is needed to purchase delta-9, there is no such requirement for delta-8.

Oklahoma

– Yes!

The state of Oklahoma does have a requirement that anyone who purchases delta-8 be at least 21 years of age but there are no additional requirements.  

Oregon

– Yes!

Oregon has recreational cannabis in addition to delta-8 and recently passed HB 3000.  HB 3000 is still a new bill so it remains to be seen exactly how the state will regulate delta-8 but at this moment it remains legal without additional requirements.

Pennsylvania

– Yes!

Hemp has been legal in Pennsylvania since 2016 and they passed Senate Bill 335 to make sure “industrial hemp” was also included since it was left out of their original hemp bill.  As long as there is less than .3% delta-9 THC, the hemp-derived product is legal.

Rhode Island

– No!

In Rhode Island, all tetrahydrocannabinols and isomers are considered controlled substances.

South Carolina

– Yes!

South Carolina follows federal guidelines and allows any hemp or hemp-derived product granted it contains below .3% delta-9 THC. Learn more about all the laws and regulations here with out specifically made guide.

South Dakota

– Yes!

Delta-8 THC is legal in the state of South Dakota.

Tennessee

– Yes!

The 2018 Farm Bill legalized delta-8 nationwide and Tennessee has not enacted any sort of legislation to overrule the bill.

Texas

– Yes!

Although the Texas Department of State Health Services (DSHS) asked a judge to institute a ban, they were denied.  An additional hearing is expected to take place sometime later in 2022.

Utah

– No!

Delta-8 is considered a controlled substance in Utah and is therefore illegal to use or possess.

Vermont

– No!

Delta-8 is illegal in Vermont as Vermont does not consider delta-8 to be a hemp product.

Virginia

– Yes!

Delta-8 is legal to use and possess in Virginia.  Although legislators are currently looking into delta-8, it is only for purposes of regulation.  There are no current plans to ban delta-8 in Virginia.

Washington

– No!

The state of Washington does not allow the use of delta-8 products.

West Virginia

– Yes!

There are no restrictions by the state of West Virginia regarding delta-8.

Wisconsin

– Yes!

The 2018 Farm Bill makes hemp and hemp-derived products legal federally.  Wisconsin has not passed any additional legislation.

Wyoming

– Yes!

Like most other states its hemp and hemp-derivatives are part of the 2018 Farm Bill making delta-8 legal.

Summary

Always be sure to do your own additional research as the legal status of delta-8 can change at any moment. The DEA released a statement in 2020 stating that delta-8 should not be considered a part of the 2018 Farm Bill. The DEA later added more information regarding delta-8 in 2021. They further clarified as long as delta-8 products are synthetically made using cannabis products, delta-8 would not be considered a controlled substance. The FDA has also addressed delta-8.

Other than the 2018 Farm Bill, there is currently no federal law addressing the legality of delta-8.  If you are wanting to purchase delta-8 products make sure you are purchasing from a reputable online retailer or dispensary, specifically one with testing. Delta-8 is only legal as long as there is less than .3% Delta-9 THC so you want to make sure that what you’re purchasing is actually delta-8 or you could be unwittingly getting yourself in trouble with law enforcement. Kings of Canna CBD’s have been tested to make sure they fall within legal guidelines.

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