Is delta 8 legal where you live?
The laws surrounding cannabis in the United States are evolving every couple of months. Delta 8 is rarely named specifically in these laws — which makes the regulations unclear and often contradictory.
On the federal level, delta 8 is legal because it isn’t named directly as a restricted substance. This title goes only to the delta 9 version of THC.
Most state laws follow this ruling or have their own adaptations that can make delta 8 THC more accessible, or less accessible.
In this guide, we’ll cover the laws controlling delta 8 THC in each state and offer some insight into where delta 8 laws appear to be headed.
QUICK SUMMARY: IS DELTA 8 THC LEGAL WHERE I LIVE?
No US state addresses delta 8 THC directly. It all comes down to semantics in the way the regulations are worded.
Some states mention delta 9 tetrahydrocannabinol specifically, others group all tetrahydrocannabinols together. This is the main factor in determining whether D8 THC is legal or illegal for a given state.
At the moment, the consensus is that delta 8 THC is legal as long as two specific criteria are met:
- The extraction must come from hemp plants rather than marijuana plants.
- The total delta 9 THC content must be at or below a concentration of 0.3%
LEGAL STATUS OF DELTA 8 THC BY STATE:
|Legal (Hemp-Derived Only)||Legal (Hemp & Marijuana Derived)||Illegal||Unclear|
HOW IS DELTA 8 THC REGULATED IN THE UNITED STATES?
The legal landscape for cannabis is rapidly evolving. There are federal laws that regulate cannabis as well as individual state laws — and often, these different tiers of government contradict each other.
For example, any product made from hemp in the United States is considered legal on a federal level. Hemp is defined as any Cannabis sativa plant that produces less than 0.3% THC (dried weight). Marijuana plants, on the other hand, are illegal and listed in the highest tier in terms of severity (Schedule I).
On a state level, the laws could be very different. In some states, marijuana is completely legal to buy and use — even though it’s still classified as a federal crime. Additionally, there are some states that ban or limit the sale of hemp products despite the feds being A-OK with it.
It’s confusing, and it only gets worse when we start talking about delta 8 THC.
As per the official Schedule I database in the United States, delta 9 THC (specifically) is the restricted compound in cannabis. There’s no mention anywhere about delta 8 in any context.
The 2018 Farm Bill, signed by President Trump, drew a clear distinction between hemp and marijuana. Under the new bill, any products made from hemp are considered legal and regulated as a food supplement rather than a drug.
The way these regulations come together suggests that delta 8 THC products are entirely legal as long as they’re made from hemp rather than marijuana. Many cannabis lawyers agree with this statement, and there’s been a lot of discussion around these laws in high-level legal forums and on major media outlets like the New York Times, The Rolling Stone, and the New York Post.
However, as with any vague and complex laws, there’s room for interpretation.
The DEA also bans any “synthetically-derived” THC. Delta 8 THC is not synthetically-derived because it’s a naturally occurring compound. When delta 8 THC is extracted from hemp, it’s classified as “naturally-derived”, while THC isomers invented in a lab are considered “synthetically-derived.”
HAS ANYBODY GONE TO JAIL OR BEEN CHARGED FOR POSSESSION OF DELTA 8 THC?
As of yet, there have been no charges against companies selling delta 8 products in the United States — which further suggests this cannabinoid is viewed as being legal.
However, things could change in the future as this cannabinoid class becomes more mainstream.
DELTA 8 THC CAN BE MADE FROM HEMP
Delta 8 isn’t very abundant in cannabis plants. In marijuana, concentrations of delta 8 are around 1% or less. Delta 9 THC can be found in concentrations up to about 28% — so for every 1 gram of delta 8, we get 28 grams of delta 9.
The issue is that the only legal delta 8 products in most states are those made from hemp plants — and hemp makes even less of this cannabinoid. The concentration of delta 8 is so low in hemp samples it rarely registers on the test results at all.
Fortunately, scientists have created a few innovative methods that allow us to produce delta 8 THC products from hemp plants.
A word of caution: Some companies are still making their delta 8 with the older (and more dangerous) methods. They’re using heavy metal reagents, bleaches, or toxic solvents to create the distillate.
These methods are not only unsafe and inefficient (which means they often contain illegal levels of delta 9 THC), they’re no longer even necessary. The only way to be sure a company is selling clean delta 8 that’s free from contaminants and contains legal levels of delta 9 THC is through third-party testing.
DELTA 8 LAWS: STATE BY STATE
The cannabis industry is undergoing a fundamental shift — first with the introduction of the 2018 Farm Bill that moved a specific phenotype of cannabis called hemp out of the restricted classification.
Now there’s a push to move cannabis out of its Schedule I filing and into something more appropriate.
Schedule I drugs are classified as substances with a high level of risk for addiction and abuse and no defined medical value. Cannabis doesn’t fit either of these categories. There’s a ton of research to back up legitimate medical uses of cannabis and other studies that show the risk of addiction and dependency with this plant is very low. Some studies even suggest cannabis as a useful tool for managing addiction to other substances.
As a result of this, many US states have imposed their own laws to make cannabis more accessible. Some states have medical cannabis laws that allow citizens to order non-psychoactive and psychoactive cannabis products as long as they’ve been granted medical approval; others allow the sale and use of marijuana products freely and tax it like they do with alcohol.
Here, we’ll cover up-to-date laws on delta 8 and cannabis for each state.
We’re continually updating this page as the laws change, so make sure you subscribe to our newsletter to remain up to date as cannabis laws change where you live.
Is delta 8 THC legal in Alabama?
Delta 8 THC was made legal in the state of Alabama along with all cannabinoids except for the delta 9 isomers. However, this state is particularly strict with its marijuana laws. If you’re caught using delta 9 THC (which is very hard to tell apart from delta 8 without a lab test), you’ll lose your driver’s license for up to 6 months.
A recent ballot sought to add delta 8 THC and delta 10 THC to the banned substances list but they were subsequently removed before being approved by state regulators.
Despite recent changes in Alaska law that permit users to hold up to 1 oz (28 grams) of dried marijuana flower, delta 8 THC was specifically outlawed in 2018. The law that bans delta 8 was made in response to the federal bill legalizing hemp. It was designed to prevent sellers from side-stepping the state’s THC ban (which has since been overturned).
We expect to see delta 8 laws in Alaska catch up to the current recreational marijuana laws, but this could take some time.
Delta 8 is not legal in the state of Arizona. However, marijuana has since become legal recreationally, so the outdated delta 8 ruling is likely to be overturned in the near future.
Arkansas has been particularly strict when it comes to marijuana regulations. Marijuana is only legal to purchase with a medical license — which itself is notoriously hard to get.
Delta 8 THC and other psychoactive cannabinoids are unlikely to become legal in the state of Arkansas anytime soon unless a sweeping change in marijuana policy is imposed by the federal government.
Delta 8 THC, as well as delta 9 THC, is completely legal in California for both medical and recreational purposes.
Most of the current delta 8 THC companies and a large percentage of US cannabis companies are based in California because of the strong weed culture and relaxed laws involved with regulating this substance.
Is delta 8 THC legal in Colorado?
Colorado was the first US state to legalize cannabis across the board (recreational and medical) — yet, it’s one of the few states that ban delta 8 THC.
The reasoning behind this ban comes from the way delta 8 THC is made. Colorado state laws ban the sale of any synthetic or synthetically-derived THC products. Most of the delta 8 THC on the market today is made from CBD — which would be considered a synthetic process — which makes it illegal under Colorado state law.
It’s possible to find legal delta 8 THC in Colorado is made from aged marijuana plants — but the purity of these products is low, and the cost can be very high.
Is delta 8 THC legal in Connecticut?
Marijuana is not legal in the state of Connecticut, but it’s been decriminalized instead. This means it’s not legal to sell marijuana products in the state, but there is no longer a crime to be in possession of these substances.
Delta 8 THC is listed under the same laws regulating hemp plants. It’s legal as long as the concentration of THC is at or below 0.3% THC.
Delaware law specifically states that any tetrahydrocannabinol — including delta 8, delta 9, and synthetic forms are illegal. Only hemp products that contain less than 0.3% THC (in any form) are considered legal in this state.
Marijuana products have been decriminalized in the state — which means possession no longer brings a jail sentence. Instead, offenders are given a ticket and may have their products confiscated.
Florida specifically bans delta 9 THC but permits all other cannabinoids, including the delta 8 isomers of THC.
Only delta 8 THC made from hemp that contains less than the federal limit of 0.3% delta 9 THC are permitted in the state of Florida.
Delta 8 products are legal in the state of Georgia as long as they come from hemp-derived sources and contain less than the federal limit of 0.3% delta 9 THC.
If you have a medical license, the limit is increased to 5% delta 9 THC.
Is delta 8 THC legal in Hawaii?
Hawaii recently decriminalized marijuana — which removed the harsh penalties imposed on people caught in possession of this plant in any form.
As per the changes in the 2018 Farm Bill, Hawaii permits any hemp-derived products and derivatives with the exception of THC in any form. Technically, delta 8 THC is not illegal here, but it isn’t legal either. It sits under the decriminalized status — which means vendors are not permitted to sell here, but people caught in possession are not charged with a criminal offense.
Depending on the officer, you may or may not get a ticket for holding THC products in the state of Hawaii.
Is delta 8 THC legal in Idaho?
Idaho is one of the strictest states when it comes to cannabis reform. The state laws name all tetrahydrocannabinol as illegal — including the delta 8 form.
Cannabis is legal in all forms for both medical and recreational use in the state of Illinois. This includes extracts of the delta 8 THC isomer. Delta 8 products made from both hemp and marijuana are legal in the state.
Indiana state law lists marijuana as a misdemeanor — which makes it one of the few remaining states to enforce the outdated marijuana prohibition laws set forth by the federal government.
However, according to Indiana state law, only the delta 9 isomers of THC is considered illegal. There’s no mention of the delta 8 isomers, and unlike states like Alaska or Idaho, the law doesn’t cover all forms of tetrahydrocannabinol.
Any delta 8 THC products made from hemp that contain less than 0.3% delta 9 THC are technically legal in the state of Indiana.
Iowa has had a history of being particularly strict in regards to its policy on any psychoactive substance, including cannabis.
This state upholds this pattern by prohibiting any form of THC — including delta 8 THC. Getting caught with D8 in your possession could lead to a jail sentence in the state of Iowa.
Is delta 8 THC legal in Kansas?
Kansas charges people in possession of marijuana products that contain delta 9 THC with a misdemeanor. These laws specifically state the delta 9 isomers.
This may be semantics, but the specificity of this law for regulating the delta 9 isomer (not delta 8 THC) is interpreted in favor of all other forms of THC — including delta 8 THC.
You can buy delta 8 THC if you live in the state of Kansa as long as the delta 9 THC content is below 0.3%.
Delta 8 is technically illegal in the state of Kentucky. However, laws might change in the near future.
This state is one of the leading producers of hemp in the United States and is particularly friendly towards hemp manufacturers and farmers.
It’s possible that delta 8 THC could be removed from the banned substances list in the near future in an attempt to bring more business to its local economy — which largely depends on the hemp industry.
Louisiana considers any hemp-derived products legal as long as they contain no more than 0.3% delta 9 THC. There is no mention of delta 8 or delta 10 THC in the state’s current regulations.
HB640 was updated in June 2021 with no push to outlaw delta 8 THC.
This state has a history of being particularly strict towards cannabis products, so it’s surprising to see regulators not taking action against delta 8 THC. Nevertheless, there’s nothing in Louisiana state law that suggests it to be illegal.
All forms of cannabis are legal in the state of Maine — including both the delta 8 and delta 9 isomers of THC.
Maryland recently decriminalized possession of marijuana (under 10 grams). Decriminalization is not the same as legalization. If you’re caught with delta 8 you won’t go to jail, but vendors are not permitted to sell D8 in this region.
Is delta 8 THC legal in Massachusetts?
All forms of cannabis are legal in the state of Massachusetts — including delta 8 THC. You can order delta 8 products made from both hemp and marijuana within this state.
Yes… sort of.
Michigan was one of the most recent states to legalize marijuana. The plant and its derivatives are now considered legal for both medical and recreational use and sold in dispensaries across the state.
However, delta 8 is specifically listed on the state’s banned substances list. This substance remains as a result of past laws created when marijuana was illegal, but they have yet to be updated. These conflicting laws make it unclear whether delta 8 THC is legal or illegal in the state of Michigan.
It’s very likely an offender would be able to defend themselves in court if charged with possession, but this is never a guarantee.
Minnesota was one of the first states to establish medical marijuana laws back in 2014 — but has yet to update its stance on the recreational use of the plant.
Delta 8 THC products made from hemp are legal as a result of semantics in the wording of the legislature. Only the delta 9 form of THC is considered a controlled substance. Only those with a medical license are allowed to order marijuana-derived delta 8 THC.
Mississippi specifically names delta 8 THC and several other synthetic and natural isomers of the THC molecule in its banned substances list.
No form of delta 8 THC, including hemp-derived products, are legal in the state of Mississippi.
Missouri considers any hemp products legal and has decriminalized marijuana. This means you can freely order delta 8 THC products made from hemp but could run into some problems if the delta 9 THC content is higher than 0.3%. There are no mandatory jail times imposed for people who break this law, but they will be given a ticket that increases in value with every offense.
All forms of THC were illegal in the state of Montana until January 1, 2021. Initiative 190 was passed that moved marijuana and its constituents into the legal category. Unfortunately, there’s a conflicting law that bans the sale of delta 8 in the state despite all other cannabinoids being listed as legal. This law is likely to change in the near future.
Delta 8 THC is illegal in Nebraska. Under Bill 657 any form of THC, including delta 8 and delta 10 THC are illegal. This is one of the few states to mention delta 8 THC by name on its list of prohibited substances. This is also one of the only states that has yet to adopt a medical marijuana program.
To make matters even more confusing, marijuana and THC products have been decriminalized in this state, and first offenders are let off with a warning. However, repeated offenses can bring fairly severe charges.
Is delta 8 THC legal in Nevada?
Yes — but there’s a bit of a catch.
As of June 2020, all THC products, including delta 8 are considered legal. You can order delta 8 products made from both hemp and marijuana in this state.
The problem is that Nevada state bill NRS-557 regulates delta 8 products as “THC products” regardless of their origin. Even if delta 8 is made from hemp, it’s subject to strict regulations in terms of packaging and labeling. Companies selling delta 8 need to be registered as a marijuana companies. This is why most online delta 8 vendors don’t sell this cannabinoid despite it being entirely legal in the state of Nevada.
Is delta 8 THC legal in New Hampshire?
Delta 8 THC products are legal in New Hampshire if made from hemp and decriminalized if made from marijuana. Keep the packaging nearby to prove to law enforcement that you’re using legal hemp-derived products. Even though THC is decriminalized in the state, it can still bring minor penalties, and your product may be confiscated.
Is delta 8 THC legal in New Jersey?
All cannabinoids from the cannabis plant except for delta 9 THC are legal in the state of New Jersey. Always make sure the products you’re using contain less than the federal limit of 0.3% delta 9 THC unless you have a medical exemption to own high delta 9 THC products.
New Mexico specifically names delta 9 THC as the restricted substance in cannabis products. Any cannabis extract made from the hemp phenotype that contains less than 0.3% delta 9 THC is considered legal within state lines.
Products that have higher than 0.3% are not legal but have been decriminalized, which removes mandatory jail sentences and substantially reduces the charges imposed on people who break this law.
No — not anymore.
Delta 8 THC was legal in the state of New York until May 2021. New legislation was passed that effectively bans any delta 8 or delta 10 THC products regardless of where it comes from.
North Carolina law allows the possession of hemp-derived delta 8 THC products. The state also moved to decriminalize the possession of delta 9 THC-containing products. Marijuana flowers up to 42 grams impose only minor charges.
Medical marijuana licenses obtained in the state allow users to source products with higher levels of delta 9 THC.
Is delta 8 THC legal in North Dakota?
Delta 8 is legal in North Dakota under the same laws that permit the sale of CBD.
Marijuana products containing more than 0.3% delta 9 THC are not allowed, but infractions don’t constitute a criminal offense in the state. This means charges are minor and don’t bring mandatory jail sentences as they have in the past. Anything over 14 grams of marijuana or equivalent remains a criminal offense.
Cannabis products are tightly controlled in the state of Ohio — but any delta 8 THC product derived from hemp plants is considered legal within the state.
If caught in possession of products that contain more than 0.3% of the delta 9 form of this substance will be stuck with a civil infraction. Only those granted medical access can buy products with higher levels of the delta 9 isomers.
Is delta 8 THC legal in Oklahoma?
Marijuana remains illegal in the state of Oklahoma. However, the delta 8 form of THC managed to escape this ruling and is considered legal within the state if derived from hemp rather than marijuana.
Always keep some packaging with you or other proof to show law enforcement if caught with delta 8 THC products. Sometimes it’s difficult to tell the difference between the two without seeing the packaging or testing a sample of the product in a lab. Save yourself the headache and keep some of the packagings to prove the products you’re using are hemp-derived on the spot.
As far as cannabis laws go, there are few states as friendly as Oregon. They were the first state to decriminalize marijuana back in 1973 — decades before the rest of the United States even started to consider removing restrictions on the plant.
Unsurprisingly, both delta 8 and delta 9 THC products are completely legal in the state of Oregon.
The only cannabis-derived substance named as restricted in the state of Pennsylvania is delta 9 THC. There’s no mention in the official documents that refer to delta 8.
With that said, marijuana is illegal in this state, so it’s important to maintain proof the products you’re using are hemp-derived. It’s difficult to tell the difference between delta 8 THC distillate from delta 9 THC distillate — so keep some of the packagings nearby in case you’re questioned.
Rhode Island legalized hemp and its derivatives but specifically named delta 8 THC as illegal.
There’s some contradiction with the laws here, but most cannabis legal experts suggest delta 8 is likely not legal in the eyes of Rhode Island regulators.
Rhode Island recently moved to decriminalize marijuana — including derivatives like delta 8 THC. This doesn’t make it legal, but it removes mandatory jail sentences for first-time offenders. If caught in possession of delta 8 or delta 9 THC, you’ll receive a civil infraction which comes with a ticket, and your product will be confiscated.
Like most other US states, delta 8 THC is legal, not by name specifically — but by its lack of inclusion on the restricted substances list.
In South Carolina, any delta 8 THC extracts that were derived from hemp sources are considered legal.
Possession of products that contain more than the federal limit of delta 9 THC is classified as a misdemeanor.
South Dakota recently voted to reject a bill that would have made all cannabis products legal within the state. This means any cannabis products not made specifically from hemp will remain illegal for anybody not registered in the state’s medical program.
However, delta 8 THC products made from hemp are considered legal in South Dakota. Make sure to check the delta 9 THC content of the products you’re ordering if you live in this state. The legal limit is 0.3% delta 9 THC.
Tennessee lawmakers have a history of being particularly strict regarding cannabis. They were hesitant to adapt to the introduction of the 2018 Farm Bill but eventually updated state laws to match.
This means delta 8 THC products made from hemp are legal. If the delta 9 content is higher than 0.3%, it could result in a misdemeanor charge in this state.
Delta 8 products made from hemp are legal in the state of Texas under the same laws imposed by the federal government.
Marijuana products remain illegal in Texas — however, a new law referred to as “cite and release” prevents law enforcement from arresting anybody caught in possession of marijuana products in the cities of Austin, San Antonio, Dallas, and Travis County.
Is delta 8 THC legal in Utah?
Utah clearly states that all forms of tetrahydrocannabinol, including delta 8, are restricted to a maximum of 0.3% in any cannabis-derived product. This means delta 8 is illegal in the state of Utah.
Is delta 8 THC legal in Vermont?
Delta 8 THC was only recently made illegal in Vermont (both hemp and marijuana-derived). A recent bill specifically named delta 8 and delta 10 as banned substances within the state — regardless of the source.
Virginia permits the sale of delta 8 THC derived from hemp. Only products with less than 0.3% delta 9 THC are considered legal in the state — so make sure to check the products you’re ordering remain within the legal limit for the state.
If accepted under the state’s medical program, patients can order delta 8 extracts that also contain up to 5% delta 9 THC.
Is delta 8 THC legal in Washington?
Cannabis in all forms has been legal in the state of Washington since 2012. All forms of delta 8 THC are legal in the state and can be bought online or at local dispensaries.
Most delta 8 on the market comes from hemp, but you also have the option of ordering marijuana-derived delta 8 products if you live in this state.
West Virginia adopted the same language used by the federal government when they updated their hemp laws after the introduction of the 2018 Farm Bill. This wording specifically states delta 9 THC as the restricted substance in cannabis.
As a result, delta 8 THC products are legal in West Virginia as long as they’re made from hemp (not marijuana). No product containing more than 0.3% delta 9 THC is legal unless registered in the state’s medical program.
Is delta 8 THC legal in Wisconsin?
Like most states, Wisconsin has focused on the delta 9 isomers. Only products that contain more than the federal limit of 0.3% THC are considered illegal in this state (aside from medical patients). There are no restrictions on the amount of delta 8 THC in this state.
Is delta 8 THC legal in Wyoming?
Wyoming is notoriously slow to adapt to changes in marijuana policy. They adopted the same regulations imposed by the federal government with the 2018 Farm Bill.
All hemp-derived products are considered legal in the state of Wyoming — including hemp-derived delta 8 THC.
WHAT DOES THE FUTURE OF DELTA 8 THC LOOK LIKE?
Delta 8 THC isn’t a new cannabinoid — researchers have been studying it for decades. But it’s only become popular mainstream in the last couple of years.
The focus of regulations in the United States has always focused on the more common form of THC — delta 9 isomer — which is produced in much higher quantities in the cannabis plant. Most state laws specifically name delta 9 as the restricted substance — leaving out any mention of delta 8 THC.
The lack of mention for delta 8 has legal experts declaring it legal in the United States. Only a few US states have extended the restrictions to include other versions of tetrahydrocannabinol.
With the exception of specific US states mentioned above, delta 8 THC products are completely legal in the United States as long as it’s made from hemp rather than marijuana and contain less than 0.3% of the delta 9 THC isomer.
As more states move to legalize all forms of cannabis and its constituents, it’s very likely we’ll see more states add delta 8 to their list of tolerated substances and more regions to allow the sale of delta 8 THC derived from marijuana — rather than just hemp.