Delta 8 has become incredibly popular over the past couple years. In the United States, Delta 8 has become a hero for many cannabis advocates, especially in states where marijuana continues to remain illegal. The reason as to why Delta 8 has become so well known today is because it walks a thin line in being federally legal. Because Delta-8 THC is derived from industrial hemp, it remains federally legal according to the 2018 Farm Bill establishing that all cannabis is considered hemp and federally legal if it contains less than 0.3% Delta-9 THC by weight. This legal breakthrough in hemp derived Delta 8 is what has caused states take legal matters into their own hands. Across the U.S., states are individually creating laws and legislation designed to regulate Delta 8 THC despite it being federally legal.
We are now seeing more and more states write laws that redefine Delta 8 in their own ways, and it is difficult to keep track of which states are legal and illegal! That is why we created this article to help you know whether or not Delta 8 is legal in your state, no matter which one in the United States you are in. Additionally, we will provide you detailed information as to which laws in your state have redefined Delta 8 and whether or not it is legal or illegal.
Before we dive into each individual state, we want to first provide you a map that is periodically updated to show you the legal status of Delta 8 in each state.
Delta 8 THC State Legality Map
Delta 8 State Legality Overview
Despite Delta 8 THC being legal federally, a new law may change the entire legal framework of cannabis. The Hemp Advancement Act is a newly proposed Congressional Bill that proposes to fix regulatory issues with the expanding cannabis industry. Whether or not this bill will pass is beyond our knowledge, however, we do have an understanding of the current legal status of Delta 8 for each state. To put it broadly, we have broken down all 50 states into four major categories:
- Fully Legal
- Undefined/Gray Area
States where Delta 8 THC is completely legal are Alabama, Arkansas, Florida, Georgia, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Missouri, Mississippi, 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 only six states, Connecticut, Hawaii, Indiana, Louisiana, Michigan, and Minnesota, Delta 8 THC is regulated in some form.
In California and Arizona, the legality behind Delta 8 is unclear and unknown.
Lastly, Delta 8 is completely illegal in 13 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.
Why are some states declaring Delta 8 be illegal while others are not? Now, we are going to go into greater detail into every single state and explain why Delta-8 THC is legal or illegal. Keep in mind, we are not providing any legal advice, and you should always make sure to do your own research and due diligence before consuming Delta 8.
States Where Delta 8 is Legal
There are 32 states where Delta 8 THC is legal. All 32 of these listed states are safe and legal to purchase and distribute Delta 8 THC and piggybacks off of the federal 2018 Farm Bill ruling.
Delta 8 is currently legal in Alabama. In April 2021, a state bill known as Alabama House Bill 2, was passed to ban Delta 8 and Delta 10 THC, however, it was later removed and when the bill was amended. Such as long as you are over 18 years of age, you can consume Delta 8 in Alabama.
Arkansas has legalized Delta 8 since March 2021 with House Bill 1640.
Earlier this year, Florida had a proposed bill which would create stricter regulations for Delta 8 products known as HB 679. This bill, however, was indefinitely postponed and withdrawn from consideration, making Florida a completely legal state to consume Delta 8.
In the Georgia House Bill 213, the state takes the federal definition of hemp products, which allows for Delta 8 THC products to be legal.
Currently, Delta 8 is legal in Illinois. However, there is a bill that is in the process of being approved known as HB0147. In this bill, there will be requirements for all hemp based products to have specific packaging and lab testing to remain compliant.
Since 2018, Kansas has legalized Delta 8 THC with SB263. That being said, in December 2021, the state’s attorney general released an opinion suggesting that Delta 8 THC should be viewed as illegal.
In February 2022, Kentucky is proposing SB170 that is seeing major support by politicians that prohibits the production of intoxicating hemp products. Until then, Delta 8 is legal in the state
Maine legalized adult use of cannabis in 2017 and has since excluded Delta 8 THC from any form of regulation.
In HB1123, Maryland follows the same views as the 2018 Farm Bill by only regulating plants with Delta 9 THC.
Massachusetts has legalized cannabis to be consumed for recreational purposes, including Delta 8 and hemp derived products. This was all put into effect in 2019 by Bill H4001.
Mississippi only recently passed SB2725 which defines Delta 8 as hemp derived and not a controlled substance, making Delta 8 completely legal to consume.
In SB133, Missouri only has a regulation on Delta 9 THC, and allows the sale and distribution of all hemp based products.
The state of Nebraska has legalized hemp and hemp products since the 2019 Hemp Farming Act.
In New Hampshire HB459, hemp is excluded from regulated marijuana products containing Delta 9, making Delta 8 completely legal.
Since 2021, New Jersey has legalized recreational marijuana as well as all hemp derived products.
New Mexico has legalized marijuana and have also allowed for the consumption of Delta 8 and hemp products in their New Mexico Hemp Program.
In SB352, North Carolina defines Delta 8 as being legal as it is derived from hemp.
In Ohio, the only Delta 8 that is regulated, is Delta 8 from marijuana, not industrial hemp. Any Delta 8 derived from hemp is completely legal.
In Bill 1033, Oklahoma sets regulations on marijuana, but not Delta 8 and Delta 10 derived from hemp.
Delta 8 is legal in the state of Oregon for all adults over the age of 21. There is a pending bill, however, that may limit the sale and distribution of Delta 8 to only licensed cannabis retailers in the state.
SB335 in Pennsylvania defines all hemp the same way as how it is defined in the 2018 Farm Bill, making all Delta 8 legal.
Although South Carolina has legalized Delta 8 in accordance to its Hemp Farming Act, law enforcers have still conducted raids to establishments selling Delta 8 products. The Attorney General also expressed his opinion that Delta 8 should be illegal, and that law enforcers should be able to decide whether or not Delta 8 is illegal.
South Dakota’s HB1008 also defines Delta 8 as legal under the 2018 Farm Bill.
Delta 8 is partially legal in Tennessee in that you must be over 21 years of age and all products must be tested at an accredited third party lab.
There have been a handful of attempts at banning the sale of Delta 8 in Texas, but with no luck. As of now, Delta 8 is completely legal in Texas since HB1325 was signed into law in 2019.
Virginia has fully legalized Delta 8. A proposed bill was made to regulate Delta 8, but was rejected, and will not be resurfacing until 2023.
Delta 8 almost became illegal in West Virginia, but was rejected, and remains legal since HB2694 in 2019.
Wisconsin, like many other states that legalized Delta 8, also follows the 2018 Farm Bill’s definition of hemp.
Wyoming has also followed the federal law in legalizing Delta 8 as stated in the House Bill.
Since the 2018 Farm Bill is a federal law, it is safe to say that Delta 8 is legal in Washington D.C.
States Where Delta-8 is Regulated
So far, there are six states that regulate Delta 8 in some form or another. From specific bans on vapes or smokable Delta 8 products, to full regulation and distribution from licensed entities, these states are to be put under a microscope to make sure you are consuming Delta 8 by the law.
In July 2021, Connecticut established a law that regulates all forms of THC including Delta 8. Now, you can only purchase Delta 8 products from licensed businesses.
In Hawaii, Delta 8 THC is legal, but it is regulated. In an August 2021 state ruling, all hemp products must follow all new rules and regulations set by the state of Hawaii.
Since 2019, Delta 8 has been legal in Indiana such as long as it is not “smokable” according to SB516. This law still allows for vaporized, edible, and topical products such as long as the Delta 9 THC content is less than 0.3%.
Since August 2021, inhalable products like vapes and flower have been banned in Louisiana as a result of HB640. Despite this ban, other Delta 8 products such as edibles are legal as long as they contain less than 1% THC by weight.
Like Connecticut, Michigan has also imposed regulations on Delta 8 to be included in recreational THC and must only be sold from state licensed retailers.
Just recently this past month, the state of Minnesota passed a law which creates strict regulations for Delta 8 products, suggesting that all THC in cannabis products must be less than 0.3%, regardless on if it is Delta 8 or Delta 9.
States Where Delta-8 is In a Legal Gray Area
In only two states, the law is unclear as to whether or not Delta-8 THC is legal or not.
In October 2021, California passed Bill AB-45 which prohibits the unlicensed sale of Delta 8 THC, however, over this past month, the Ninth Circuit Court of Appeals ruled that Delta 8 is completely legal under the 2018 Farm Bill.
Arizona has recently created a law for the use and cultivation of marijuana, but did not come to any agreement with how to rule Delta 8. In some licensed dispensaries, Delta 8 is sold without any issues from law enforcement. It is difficult to say whether or not that also applies to unlicensed businesses.
States Where Delta 8 is Illegal
in these states, Delta 8 is completely prohibited, and may likely reflect the respective states’ overall political opinion towards cannabis.
Although Alaska has recreational marijuana, the state has outlawed all forms of THC unless it is distributed by state licensed entities. This bill includes that all hemp derived products also be authorized from the state’s hemp pilot program.
Colorado was one of the first states to legalize marijuana, however, they have completely outlawed Delta 8. In Colorado, it is illegal to convert CBD into any forms of THC and distribute it.
In Delaware, all forms of cannabis derived isomers and tetrahydrocannabinols are illegal, including Delta 8 and places it under the list of controlled substances.
Idaho was one of the last states to legalize hemp in 2021. Since then, it has completely outlawed all forms of THC.
All forms of THC are under the list of controlled substances in Iowa, however, Iowa also legalized non-inhalable hemp products. From that logic, it may be that only non-inhalable CBD and non THC products derived from hemp are legal.
All cannabis products are illegal in the state of Montana and are listed in their controlled substances.
In SB49, Nevada included Delta 8 as a controlled substance under THC.
Delta 8 was banned in New York since May 2021 which prohibit the sale of Delta 8.
In April 2021, North Dakota made Delta 8 illegal and included with the definition of THC.
Utah has Delta 8 and all forms of THC under its list of controlled substances.
Vermont has also classified Delta 8 and all forms of THC as controlled substances.
Delta 8 is only banned in Washington from being sold and distributed by licensed marijuana businesses.
What is Delta 8 THC?
Delta-8 is a tetrahydrocannabinol (THC) similar to Delta-9 from marijuana. Delta 8 THC, like Delta 9, gets you high. Unlike Delta-9 THC, Delta-8 gets you less high, and many report Delta 8 to give you less anxiety and paranoia than taking Delta 9. To learn more about Delta 8, feel free to check out our blog.
Why Delta-8 is Controversial
There is great debate over whether or not Delta 8 should be legal. It is undeniable that Delta 8 is intoxicating, however, the effects are less severe than Delta 9.
Many states as you may now know refers to the 2018 Farm Bill to lead their stance on Delta 8 THC. Others have taken their own legislative measures to regulate Delta 8. Within the states that have regulated Delta 8, a handful of them have also banned the isomerization of Delta 8, as Delta 8 is commonly created from chemically converting CBD. Because of this process, many argue that Delta 8 is synthetic, and adds to the argument behind why Delta 8 should be banned until further research is made. On the other hand, CBD is naturally derived from hemp, and can also be argued that Delta 8 is still naturally derived from hemp.
Buying Delta 8-THC
There are several companies to choose from when purchasing Delta 8 and CBD products, it may be difficult to choose which company is the best. First, make sure that the brand is tested by accredited testing facilities. Many companies who are trying to create a quick profit may not have their customer’s best interests in mind, not only missing out on certificates of analysis, but may also add fillers to your product that is unsafe to consume. Lastly, it is important to make sure that the brand you are buying Delta 8 from has a reputation that stands the test of time.
At Mints, we make sure all of our oil is third party tested by DEA registered testing laboratories, and tested once again before being sold to our customers. Our brand has been around since the dawn of Delta 8’s popularity, and we never cut corners with the quality of our products. If you are interested in checking out what products we have to offer, feel free to check out our shop.
The Future of Delta 8 THC
As of now, Delta 8 is federally legal because of the 2018 Farm Bill, but as you know, individual states who oppose this law have created their own laws to counter the sale of Delta 8 products.
The future of Delta 8 may be uncertain, as there is a proposed congressional bill that may change the legality of Delta 8 on a federal level. In this bill, hemp would be redefined to contain less than 0.3% of all forms of THC, including Delta 8 THC.
If an when this bill passes, it is best for individual brands to continue to increase their safety measures to ensure that they are providing the highest quality products possible in an industry where quality standards are lacking.