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Is Delta-8 Legal in Your State?

By BlackTie Webmaster February 08, 2022

Delta 8 THC has risen immensely in popularity over the past few months. Now, everybody wants to get their hands on these interesting, new products. Except, there’s one big problem: a lot of people are unsure about delta 8’s legality. Specifically, they’re wondering, “Is delta-8 THC legal?”

You’re not the only consumer with this question on their minds. Over the past few months, a lot has changed regarding delta 8 THC legality, making it a difficult topic to keep up with. So, today, we’re going to explore the question, “Is delta-8 legal in your state?” This way, you’ll know whether or not you can get your hands on some D8 products in your area. 

Delta 8 THC & Its Properties

Quickly, we want to discuss what delta 8 THC is, as well as its properties. Knowing this information can give you a better idea as to why the cannabinoid’s legality is so muddied. 

Delta 8 THC is one of the dozens of cannabinoids found in cannabis plant genuses. Unfortunately, we didn’t know much about this cannabinoid because it’s only present in small amounts within cannabis, making it difficult to isolate and get to know. Thankfully, with the help of advanced technology, experts are now able to derive delta-8 THC from CBD and infuse it into various products. Today, you can find delta-8 THC edibles, vapes, oils, and so much more on the cannabis market. 

These products are incredibly sought-after because of their unique properties. Unlike delta-9 THC, delta-8 THC isn’t incredibly psychoactive. The cannabinoid produces only a mild psychoactivity that’s perfect for inducing feelings of calm and relaxation. On top of this psychoactivity, delta 8 THC is great for helping with various therapeutic aspects. 

However, it is this slight psychoactivity — paired with lack of regulation — that have made states wary about legalizing this cannabinoid. Thus, you very well may live in a state that has criminalized delta 8 THC. Let’s find out.    

Is Delta-8 Legal?

When you ask, “Is delta-8 THC legal?” You have to clarify. A better question would be, “Is delta-8 federally legal?” 

Yes, technically, delta-8 THC is federally legal as long as it comes from hemp and doesn’t contain more than 0.3% delta-9 THC. If it follows those guidelines, then it is legal under the 2018 Farm Bill. Unfortunately, delta-8’s legality stretches further than just that. 

Is delta 8 legal in all 50 states, then? Even though the cannabinoid is legally federally, that doesn’t mean that it is legal in every state. As we mentioned above, certain states have taken it upon themselves to regulate delta 8 THC, crafting specific laws to prohibit the compound. This means that not every state has access to D8 the way that others do. While you may come across delta 8 THC in some dispensaries, in other states, this will be impossible. 

When you compare this to the way that recreational cannabis is treated, the scenarios seem to flip-flopped. While states are struggling to legalize cannabis despite it being federally illegal, other states are adamantly criminalizing delta 8 THC despite its legal status. You can see how things get a little confusing in the world of cannabis. 

Yes, delta 8 THC is legal federally, but it may not be legal where you live. To find out if you live in a legal state, keep on reading. 

Is Delta 8 THC Legal In Your State?

Because delta 8 doesn’t have the popularity that delta 9 THC or CBD have, you may not always hear about changing delta 8 laws in your state. Thus, finding the delta 8 THC legal states can be somewhat confusing. 

Don’t worry! Below, we’ve broken down the states that allow delta 8 (or, at least haven’t placed regulations on it) and the states that currently have delta 8 regulations, and what these regulations are. 

Delta 8 THC Legal States

First, let’s start with all the delta 8 THC legal states in the United States right now. We’ve listed them below: 

  • Florida
  • Georgia
  • Hawaii
  • Indiana
  • Kansas
  • Louisiana 
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota 
  • Missouri 
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Pennsylvania 
  • South Carolina
  • South Dakota
  • Tennessee 
  • Texas
  • Virginia
  • Washington DC
  • West Virginia
  • Wisconsin 
  • Wyoming 

Right now, these are the places in the United States that haven’t yet placed regulations on delta 8 THC — and they may never! You can walk into legal dispensaries, smoke shops, and even health and wellness stores and see if they sell delta 8 THC products in these states. If they don’t, then you can always purchase products online and have them shipped right to your house. That is 100% legal for you to do in these states; however, make sure you go through extra precautions to ensure you’re buying high-quality, safe products from reputable sources.  

States That Regulate/Prohibit D8

Now that we’ve covered the delta 8 legal states, let’s talk about the places where you either can’t get delta 8, or there are certain regulations placed on the product. We’ll break it down state by state to show you exactly what you can expect from their delta 8 regulations. 

Arizona - According to AZ state law, hemp-derived delta 8, in any product form, is illegal. You cannot possess, sell, distribute, or produce any product with delta-8 THC, as it is 100% prohibited. You also cannot travel to Arizona with any delta-8 THC products, or you are technically breaking the law. 

Alaska - Despite having legal cannabis in The Last Frontier, delta 8 THC products are illegal in Alaska. Interestingly, hemp and hemp-derived products — including delta 8 THC — are illegal in the state unless you’re registered with the Alaska Industrial Hemp Pilot Program

Arkansas - You cannot purchase, possess, or sell delta-8 THC products in Arkansas. The state expressed that even though certain D8 products may be circulating in this area, this doesn’t mean they are legal to buy. As of right now, you can’t get delta 8 THC as a medical marijuana patient, either. 

Colorado - Regardless of the state’s openness towards cannabis, delta 8 THC and D8 products are illegal to purchase in Colorado. No vendor — online or not — can sell D8 products to those in Colorado. Delta 8 THC possession in CO is a bit more muddy, so it’s best to err on the side of caution and not possess any D8 in the Rocky Mountain State. 

Delaware - Delaware considers delta 8 THC a controlled substance. Therefore, it is illegal in the state for you to purchase or possess delta 8 THC products, regardless of if they come from hemp. 

Idaho - This one isn’t super surprising. The Land of Famous Potatoes has long had strict cannabis regulations, and it is one of the last states in the country where CBD is still strictly regulated. All hemp-derived products must contain 0% tetrahydrocannabinol, and because D8 is a THC derivative, the state considers it illegal. 

Iowa - In Iowa, the regulations surrounding delta 8 THC are a bit tricky. Products like delta 8 THC are legal in the state if they are not inhalable. Thus, you cannot have D8 vapes or flower. Other forms of delta 8 THC may be available in Iowa, though, as THC is not a controlled substance there.

Louisiana - Delta 8 THC is not illegal in Louisiana; however, the state has placed some regulations on the cannabinoid. Like Iowa, you cannot purchase delta 8 THC vapes or flower, and these products cannot contain more than 1% total THC by weight. 

Mississippi - Delta 8 THC is illegal in Mississippi. Any products that consumers may come across are likely fraudulent and you should not purchase them. Possession of D8 is a violation of the law and may result in fines or even jail time depending on how much you have. 

Montana - In Montana, you cannot purchase, possess, sell, or distribute delta 8 THC in any form. This is because Montana considers THC a controlled substance, despite having legalized the plant years ago. 

New York - Recently, New York has clarified its regulations surrounding hemp and hemp-derived products. While most hemp-derived products are legal, delta 8 THC is still illegal in the state. Sellers are prohibited from placing these products on the market, and you cannot possess them without risk of getting in trouble from the law. 

North Dakota - Regardless of federal legality, North Dakota has outlawed delta 8 THC in the state. You cannot purchase, possess, sell, or distribute any D8 products in The Peace Garden State. 

Rhode Island - You can readily purchase hemp-derived products in Rhode Island, but not delta-8 THC. Like many other states, RI considers D8 a controlled substance because it is a THC derivative. Therefore, delta 8 THC is illegal in Rhode Island, and you won’t find any products for sale.

Vermont - Despite most of Vermont’s neighboring states legalizing delta 8 THC, D8 is still illegal in the state. Vermont does not allow for anyone to manufacture or sell delta 8 THC products, and it is against the law to have any on you. So, don’t try bringing product over from Massachusetts or New Hampshire. 

Utah - Currently, delta 8 THC is prohibited in Utah. The Beehive State considers THC a controlled substance, and D8 falls under that category. Thus, you cannot purchase or possess delta 8 products in Utah unless you want to risk getting on the wrong side of the law. 

These are how the laws stand as of early 2022. However, in the cannabis world, regulations can change in the blink of an eye. So, it’s best to stay up-to-date on the delta-8 laws in your area by checking with your local government.   

Can I Buy Hemp-Derived Delta 8 THC Products?

Is delta-8 legal in your state? We hope so! If it is, then you are free to buy and enjoy delta 8 products without any worry. However, before you make a purchase, you always want to double-check with your state’s laws in case any sort of regulation has changed. 

For those who live in delta 8 THC legal states, you can buy delta-8 products either online or in person. When you buy your delta 8 online, you have to make sure you’re purchasing products from reputable brands who openly offer their third-party lab-test results, ingredients, and extraction techniques. This way, you know exactly how pure and quality your D8 products are. When buying products in person, good brands will have QR codes on the label for you to scan and pull up on your phone. 

In the unfortunate event that you live in a state where delta 8 THC is illegal, you don’t want to risk buying products and getting yourself in trouble. Thankfully, as more people discover the benefits of D8, there’s a good chance that these states will reduce regulations and make products more accessible — just like they have with other cannabis products. But, you have to be patient. No matter what, you want to follow the laws in your state regarding delta 8 THC. 


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