Delta 8 FAQS

Delta 8 State Legality Overview

Although delta-8 THC is federally legal, many states have their own laws that fall into one of four categories:

* Completely legal

* Regulated (only available in licensed retail cannabis stores)

* Unclear/legal gray area

* Illegal

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 DC

In two other states, delta-8 is regulated in the same way as recreational cannabis: Connecticut and Michigan.

Meanwhile, the legality of delta-8 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.

See below for the legality of THC delta-8 state by state. Keep in mind that laws are often confusing, contradictory, unevenly applied, and subject to change.

States where Delta 8 is legal

In these states, you should be able to buy delta-8 products without any problem, even if the laws are not always very clear.


Delta-8 THC is legal in Alabama. Removed an amendment to ban delta-8 and delta-10 products from Alabama House Bill 2, which passed in April 2021. A similar amendment to the Alabama House Medical Marijuana Bill was also removed. condition.


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 altogether.


Delta-8 THC made from hemp is legal in Georgia. House Bill 213, passed in 2019, legalized hemp and hemp-derived products in the state.


Delta-8 THC is legal in Hawaii, except for edibles and inhalants. That means gummies, vapes, flowers, and delta 8 drinks are prohibited.


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 they are sold.


Hemp-derived delta-8 is legal in Indiana, except for smokeable products such as sprayed delta-8 hemp flower.


Delta-8 THC is legal in Kansas. Like other states, Kansas only has legislation that prohibits THC delta-9.


Delta-8 is partially legal in Louisiana. Under HB640, passed in August 2021, inhalable products (vaporizers and flowers) are prohibited. Additionally, products may not contain more than 1% total THC by total weight. That means you’re limited to delta-8 groceries, beverages, and topicals in Louisiana.


Delta-8 THC and adult cannabis are legal in Maine. The state allows all products derived from hemp.


Delta-8 THC is legal in Maryland, as are all hemp-derived products.


Delta-8 THC is legal in Massachusetts. The state also allows the recreational use of cannabis.


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 products derived from hemp are legal in Missouri, which means that delta-8 made from hemp is also legal.


Delta-8 THC is legal in Nebraska. The state exempts hemp-derived products, including delta-8 THC, from its list of controlled substances.

new hampshire

Delta-8 THC is legal in New Hampshire as it counts as a hemp-derived product.

New Jersey

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.

New Mexico

Delta-8 THC is legal in New Mexico. The state’s hemp laws are similar to the federal ones and recreational marijuana was also legalized in 2021.

North Carolina

Delta-8 THC is legal in North Carolina. It counts as a product derived from hemp, which is 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 does not 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 a law in July 2021 defining delta 8 as an “adult use cannabis article,” it is not prohibited.

Until now, the only limitation is that delta 8 cannot be sold to people under the age of 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.

South Carolina

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 recently.

The state 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 whether the state’s Hemp Law is being violated.

South Dakota

Delta 8 is legal in South Dakota. The state allows hemp and hemp-derived products as delta 8 THC.


Delta-8 is legal in Tennessee, as long as it is 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 intended to ban delta-8 THC failed to pass in April and May 2021: House Bills 3948 and 2593.

The Texas Department of State Health Services (DSHS) also attempted to ban THC delta-8, but was challenged by the local Hometown Hero brand of delta 8.

The courts granted a temporary injunction to keep Delta 8 legal while the lawsuit proceeds, and the Texas Supreme Court denied DSHS’ request to ban Delta 8.


Delta-8 THC derived from hemp is legal in Virginia. The state also legalized recreational cannabis in 2021.

West Virginia

Like other hemp-derived products, delta-8 THC is legal in West Virginia.


Delta-8 is legal in Wisconsin, as are all hemp-derived products.


Delta-8 is legal in Wyoming. All hemp-derived products that contain less than 0.3% delta-9 THC are legal in the state.

Washington D.C.

Delta-8 THC is legal in Washington D.C. Hemp-derived products are legal in the District of Columbia, as is recreational marijuana.

States where Delta-8 is regulated

In these states, delta-8 THC is treated the same as recreational cannabis. This means that you can only buy it from authorized cannabis stores.

We expect more states to join this category in the coming months, potentially including some that have banned delta-8 THC.


Delta-8 THC is regulated in Connecticut, so you can only buy it from licensed cannabis retailers. The state passed House Bill 1201 on July 1, 2021, which legalized adult use of 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 is in a legal gray area

In these states, it is not 100% clear whether Delta 8 THC is legal, partially illegal, or completely illegal.

Until state authorities release a clear statement, all we can do is use the available information to provide the best prediction.


Delta-8 THC is illegal or regulated in California. The state passed 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 type of THC.

It is unclear if this means delta-8 is completely banned or if it will be regulated in the same way as adult cannabis. Either way, it looks like most online delta 8 providers 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 substance definition of tetrahydrocannabinol.

However, many delta 8 brands do not ship to Mississippi and you will get mixed answers depending on who you ask.


Delta-8 THC is either illegal or regulated in the same way as recreational cannabis in Arizona. It’s not clear. For now, it looks like you can buy it at some licensed cannabis dispensaries.


It is not clear if delta-8 THC is legal in Kentucky. Although the state includes “tetrahydrocannabinols” on its schedule 1 controlled substance list, delta-8 products are readily available in the state without any problems with authorities.

There was also an April 19, 2021 letter from the state Department of Agriculture stating that “delta-8 THC is a Schedule 1 controlled substance under federal and Kentucky law.”

Although this letter has no legal authority, it has not stopped Kentucky police from raiding hemp stores for delta-8 products.

States where Delta 8 is illegal

The following states have legislation that prohibits delta-8 in one form or another. However, some people report being able to purchase delta-8 products in these states, likely due to a lack of enforcement and clarity on the part of the state government.


Delta-8 THC is illegal in Alaska, although the state allows recreational cannabis. That’s because all forms of THC are illegal. On top of that, hemp-derived products remain 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 cannabinoid from hemp with a chemical process (which is how delta-8 is made from CBD) makes them non-compliant.

This news is surprising as Colorado was one of the first states to legalize recreational marijuana in 2012.


Delta-8 is illegal in Delaware. The state Controlled Substances Law lists “Any material, compound, combination, admixture, synthetic substitute, or preparation containing any amount of marijuana or 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 legalized in 2020, it is unclear whether this legislation allows 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 definition of THC and redefined hemp to close the delta-8 gap.

New York

Delta-8 THC is banned in New York. The state revised its regulations in May 2021, making it illegal to manufacture 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.

North Dakota

Delta-8 THC is illegal in North Dakota. State Bill 1045, signed into law 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) .

Rhode Island

Delta-8 THC is illegal in Rhode Island. Although the laws are not 100% clear, the state prohibits ingestible products that contain any form of THC.


Delta-8 THC is illegal in Vermont. The state Agency for Agriculture, Food and Markets clarified on April 23, 2021 that “…Vermont growers may not manufacture the cannabinoid delta-8-THC from hemp…In addition, delta-8-THC manufactured from of 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) to be a controlled substance.


Delta 8 appears to be illegal in Washington. The state Liquor and Cannabis Board declared in September 2021 that marijuana license holders may not manufacture or sell delta 8 THC products on the state regulated market.

But this ruling does not specify whether it affects unlicensed online sellers who sell and ship delta 8 across the country. So they may still be able to ship products to Washington.

What is Delta-8 THC?

Delta-8 is a form of tetrahydrocannabinol (THC). Most of us are only familiar with delta-9 THC, which is what most people mean when they say THC.

Delta-8 is an isomer of delta-9 THC, meaning it has the same molecular formula but the atoms are arranged differently. THC actually has four different isomers: delta-7, delta-8, delta-9, and delta-10.

Research suggests that delta-8 is approximately 66% more potent than delta-9 and has similar effects (1). This means that it can get you high and produce other typical THC effects, such as sedation.

Delta-8 THC also appears to be less likely to cause anxiety and other common side effects than delta-9 THC, which is another reason for its popularity.

Why Delta-8 is controversial

Delta-8 THC is controversial because it offers a “legal high” in states where recreational cannabis is prohibited. It’s all due to a loophole in the 2018 Farm Bill that legalized hemp across the country.

The bill limits hemp-derived products to no more than 0.3% delta-9 THC, but does not have such a limit for delta-8 THC. Cannabis and hemp plants naturally have low levels of delta-8 THC, so lawmakers never bothered to mention it in the bill.

But you can also make large amounts of delta-8 from hemp-derived CBD through a fairly simple chemical process. Under the bill’s definition, this delta-8 THC is considered legal.

Delta-8 THC has also sparked debate over whether it counts as synthetic. The process used to create delta-8 from CBD is clearly not natural.

* On the one hand, it could be argued that delta-8 THC is not synthetic because it is made from CBD, a natural cannabinoid

* On the other hand, it could be argued that creating any new cannabinoid from another cannabinoid makes it synthetic.

Some also argue that delta-8 THC is illegal because it violates the Federal Analogue Act of 1986, which prohibits substances that are “substantially similar” to controlled drugs.

Buy Delta-8 THC

Delta 8 products are sold by a growing number of brands across the country. Unfortunately, there are only a handful of trustworthy delta-8 brands because the market is unregulated and has attracted bad actors looking to make a quick buck.

If you are 100% set on buying delta-8 THC products, be sure to look for a brand you can trust. You must provide third-party test results for potency and contaminants from a reputable laboratory and be transparent about your business practices.

It is best to choose established CBD companies that have already been in business for several years and have a solid reputation.

The future of Delta-8 THC

Is delta-8 legal or illegal? It depends.

It is unlikely that we will see a federal law banning delta-8 THC as all signs point towards the decriminalization and legalization of cannabis. The DEA even confirmed that it considers hemp-derived delta-8 THC legal.

Meanwhile, individual state laws for delta-8 THC are constantly changing. The most likely outcome is that most states will choose to regulate delta-8 THC in a similar way to recreational marijuana.

This means that delta-8 products will only be available from licensed companies and will go through the proper testing, labeling and other regulations.

This is the best solution for consumers as it will increase the quality and safety of delta-8 THC products.