What is Delta-8 THC?
First, what is Delta-8? Delta-8 is a form of tetrahydrocannabinol (THC). Most of us are only familiar with delta-9 THC, which is what most people refer to when they say THC. Read more here.
Delta-8 has grown incredibly popular, especially in states where adult-use marijuana is illegal. Many people are using delta-8 vapes, oils, edibles, and other products for both recreational and therapeutic effects.
Delta-8 THC is federally legal as long as it’s derived from hemp (cannabis with low delta-9 THC levels). However, some states are starting to ban or regulate this cannabinoid.
Although delta-8 THC is legal on the federal level, many states have their own laws that fall into one of four categories:
- Currently Legal
Delta-8 is currently legal in 30 states: Alabama, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, Wyoming, and in Washington D.C.
In two other states, Delta-8 is regulated the same way as recreational cannabis: Connecticut and Michigan.
Meanwhile, delta-8’s legality is unclear in 4 states: Arizona, California, Mississippi, and Kentucky.
Finally, Delta-8 THC is illegal in 14 states: Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.
Check below for state-by-state delta-8 THC legality. Keep in mind that the laws are often confusing, contradictory, unequally enforced, and subject to change.
States Where Delta 8 is Currently Legal
In these states, you should be able to buy delta-8 products without any issues.
Delta-8 THC is legal in Alabama. An amendment for banning delta-8 and delta-10 products was removed from Alabama House Bill 2, which passed in April 2021. A similar amendment to the state’s medical marijuana bill was also removed.
For now, delta-8 THC is legal in Florida. But that could change if HB 679 passes. The proposed bill aims to create new regulations for hemp extract products and may even ban hemp-derived delta-8 THC entirely.
Delta-8 THC made from hemp is legal in Georgia. House Bill 213, passed in 2019, made hemp and hemp-derived products legal in the state.
Delta-8 THC is legal in Hawaii, except for edible and inhalable products. That means delta 8 gummies, vapes, flower, and drinks are prohibitted.
Delta-8 THC is legal in Illinois. The state is also working on legislation that will require all cannabinoid products, including delta-8, to be properly tested and labeled before being sold.
Hemp-derived delta-8 is legal in Indiana, except for smokable products like sprayed delta-8 hemp flower.
Delta-8 THC is legal in Kansas. Like some other states, Kansas only has legislation banning delta-9 THC.
Delta-8 is partially legal in Louisiana. According to HB640, passed in August 2021, inhalable products (vapes and flower) are banned. Additionally, products can contain no more than 1% total THC by total weight. That means you’re limited to delta-8 edibles, drinks, and topicals in Louisiana.
Delta-8 THC and adult-use cannabis are legal in Maine. The state allows all hemp-derived products.
Delta-8 THC is legal in Maryland, like all hemp-derived products.
Delta-8 THC is legal in Massachusetts. The state also allows recreational cannabis use.
Delta-8 THC is legal in Minnesota. Hemp and hemp-derived products have been legal in the state for several years.
Delta-8 is legal in Missouri. All hemp-derived products are legal in Missouri, which means delta-8 made from hemp is legal as well.
Delta-8 THC is legal in Nebraska. The state exempts hemp-derived products, including delta-8 THC, from its list of controlled substances.
Delta-8 THC is legal in New Hampshire since it counts as a hemp-derived product.
Delta-8 THC is legal in New Jersey. The state legalized recreational marijuana in 2021 and hemp-derived products like delta 8 are also legal.
Delta-8 THC is legal in New Mexico. The state’s hemp laws are similar to federal ones and recreational marijuana was also legalized in 2021.
Delta-8 THC is legal in North Carolina. It counts as a hemp-derived product, which are legal in the state.
Delta-8 is legal in Ohio. Although the state’s Medical Marijuana Control Program said that medical marijuana products containing delta-8 THC are subject to specific rules, this doesn’t apply to unregulated products.
Delta-8 THC is legal in Oklahoma. The state explicitly excludes delta 8 and delta 10 from the definition of marijuana, which is illegal in Oklahoma.
Delta-8 is legal in Oregon. Although the state passed legislation in July 2021 defining delta 8 as an “adult-use cannabis item,” it’s not banned.
So far, the only limitation is that delta 8 cannot be sold to people under 21. But delta 8 products may be restricted to licensed adult-use marijuana dispensaries in the near future.
Delta-8 THC is legal in Pennsylvania. The state allows all hemp-derived products as long as they contain no more than 0.3% delta-9 THC.
Delta-8 THC is legal in South Carolina. Although there have been reports of police raids on delta 8 vendors in the state, we haven’t heard of any new ones happening recently.
The state’s Attorney General also released a letter arguing that delta 8 is illegal but this statement is not legally binding. He left it up to individual law enforcement officers to decide if the state’s Hemp Act is being violated.
Delta 8 is legal in South Dakota. The state allows hemp and hemp-derived products like delta 8 THC.
Delta-8 is legal in Tennessee, as long as it’s made from hemp and contains no more than 0.3% delta-9 THC.
For now, Delta-8 THC is legal in Texas. Two separate bills aimed at banning delta-8 THC failed to pass in April and May of 2021: House Bills 3948 and 2593.
The Texas Department of State Health Services (DSHS) also tried to ban delta-8 THC but was challenged by local delta 8 brand Hometown Hero.
The courts granted a temporary injunction keeping delta 8 legal while the lawsuit is taking place, and the Texas Supreme Court denied the DSHS request to ban delta 8.
Hemp-derived delta-8 THC is legal in Virginia. The state also legalized recreational cannabis in 2021.
Like other hemp-derived products, delta-8 THC is legal in West Virginia.
Delta-8 is legal in Wisconsin, just like all hemp-derived products.
Delta-8 is legal in Wyoming. All hemp-derived products containing less than 0.3% delta-9 THC are legal in the state.
Delta-8 THC is legal in Washington D.C. Hemp-derived products are legal in the District of Columbia, as well as recreational marijuana.
States Where Delta-8 is Regulated
In these states, delta-8 THC is treated the same way as recreational cannabis. This means you can only buy it from licensed cannabis stores. We expect more states to join this category in the coming months, potentially including some that banned delta-8 THC.
Delta-8 THC is regulated in Connecticut, so you can only buy it from licensed cannabis retailers. The state passed Bill 1201 on July 1, 2021, which legalized adult-use cannabis and added delta-8 to the definition of THC and marijuana.
Delta-8 is regulated in Michigan in the same way as recreational cannabis. The state passed House Bill 4517 on July 17, 2021, which made it illegal to sell delta-8 and other THC isomer products outside of licensed marijuana retailers.
States Where Delta-8 Laws are Not Clear
Delta-8 THC is either illegal or regulated in California. The state passed Bill AB-45 in October 2021, which added delta-8 to the definition of THC and also made it illegal to sell hemp products with more than 0.3% of any kind of THC.
It’s not clear if this means that delta-8 is completely banned or if it will be regulated the same way as adult-use cannabis. Either way, it looks like most online delta 8 vendors will stop shipping to the state.
Delta-8 appears to be legal in Mississippi because hemp-derived products are exempt from the state’s controlled substances definition of tetrahydrocannabinol.
However, many delta 8 brands don’t ship to Mississippi and you’ll get contradicting answers depending on who you ask.
Delta-8 THC is either illegal or regulated the same way as recreational cannabis in Arizona. It’s not clear. For now, it seems like you can buy it from some licensed cannabis dispensaries.
It’s not clear whether delta-8 THC is legal in Kentucky. Although the state includes “tetrahydrocannabinols” on its list of schedule 1 controlled substances, delta-8 products are readily available in the state without any issues with authorities.
There was also an April 19, 2021 letter by the state’s Department of Agriculture saying that “delta-8 THC is a Schedule 1 controlled substance under federal law and Kentucky law.”
Although this letter doesn’t have legal authority, it hasn’t stopped Kentucky police from raiding hemp stores in search of delta-8 products.
States Where Delta 8 is Illegal
The following states have legislation prohibiting delta-8 in one way or another. However, some people report being able to buy delta-8 products in these states, likely due to a lack of enforcement and clarity from the state government.
Delta-8 THC is illegal in Alaska, even though the state allows recreational cannabis. That’s because all forms of THC are illegal. On top of that, hemp-derived products are still illegal in Alaska unless you have authorization from the state’s industrial hemp pilot program.
Delta-8 THC is illegal in Arkansas because tetrahydrocannabinol (THC) is a controlled substance in the state.
Delta-8 THC is illegal in Colorado. The state clarified that converting any cannabinoids from hemp with a chemical process (which is how delta-8 is made from CBD) makes them non-compliant.
This news is surprising since Colorado was one of the first states to legalize recreational marijuana in 2012.
Delta-8 is illegal in Delaware. The state’s Controlled Substances Act includes “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” as a schedule 1 controlled substance.
Delta-8 is illegal in Idaho, along with all other forms of THC. Idaho’s cannabis laws are quite strict and it was the last state to legalize hemp on April 16, 2021.
Delta-8 THC appears to be illegal in Iowa. Although non-inhalable, consumable hemp products were made legal in 2020, it’s not clear if this legislation allows for hemp-derived delta-8 THC.
Delta-8 is illegal in Montana because THC is a controlled substance.
Delta-8 is illegal in Nevada. The state passed SB49 on June 4, 2021, which added delta-8 THC to the state’s definition of THC and redefined hemp to close the delta-8 loophole.
Delta-8 THC is banned in New York. The state revised its regulations in May 2021, making it illegal to make hemp cannabinoid products created through isomerization (such as delta-8 and delta-10 THC). These regulations were confirmed by the New York Cannabis Control Board (CCB) in November 2021.
Delta-8 THC is illegal in North Dakota. The state’s bill 1045, signed in April 2021, changed the definition of THC to include delta-8 and other isomers, and also changed the definition of hemp and hemp-derived products to anything with no more than 0.3% THC (in any form).
Delta-8 THC is illegal in Rhode Island. Although the laws are not 100% clear, the state prohibits ingestible products containing any form of THC.
Delta-8 THC is illegal in Vermont. The state’s Agency of Agriculture, Food and Markets clarified on April 23, 2021, that “…Vermont producers cannot manufacture the delta-8-THC cannabinoid from hemp…In addition, delta-8-THC manufactured from hemp may be a controlled substance under federal and/or State law.”
Delta-8 is illegal in Utah because the state considers all isomers of tetrahydrocannabinol (THC) a controlled substance.
Delta 8 appears to be illegal in Washington. The state’s Liquor and Cannabis Board stated in September 2021 that marijuana license holders can’t make or sell delta 8 THC products in the state’s regulated market.
But this ruling doesn’t specify if it affects unlicensed online vendors selling and shipping delta 8 all over the country. So it’s possible that they might still be able to ship products to Washington