Delta 8 State Legality Overview
Although delta-8 THC is legal on the federal level, many states have their own laws that fall into one of four categories:
- Completely legal
- Regulated (only available from licensed retail cannabis stores)
- Unclear/legal gray area
- Illegal
Delta-8 is legal in 30 states: Alabama, California, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Washington, Wisconsin, Wyoming, and in Washington D.C.
There are also two states where delta-8 is regulated the same way as recreational cannabis: Connecticut and Michigan.
Meanwhile, delta-8’s legality is unclear in four states: Arizona, Mississippi, Nebraska, and Kentucky.
Finally, Delta-8 THC is illegal in 14 states: Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Louisiana, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, and Utah.
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 Legal
In these states, you should be able to buy delta-8 products without any issues, even if the laws are not always crystal clear.
Alabama
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.
California
Delta-8 THC is legal in California. However, the state is working on rules that would see hemp-derived delta 8 regulated the same way as recreational cannabis.
Bill AB-45 defines delta-8 and other isomers of THC as the same thing, which means that delta-8 products might only be available at legal cannabis stores in the future.
Florida
Hemp-derived delta-8 THC is legal in Florida. In fact, all isomers except for delta-9 THC (including delta-7 and delta-10) are currently legal.
Georgia
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.
Hawaii
For now, delta-8 THC is legal in Hawaii. But this could change. Although CBD and other hemp-derived products are not strictly banned in Hawaii, the state aligns with the FDA’s policy by saying that CBD cannot be sold as a dietary supplement or added to foods or beverages.
Illinois
Delta-8 THC is legal in Illinois. However, the state is working on legislation that will require all cannabinoid products to be tested and labeled before being sold.
Indiana
Hemp-derived delta-8 THC is legal in Indiana because the state only bans delta-9 THC.
Kansas
Delta-8 THC is legal in Kansas. Like some other states, Kansas only has legislation banning delta-9 THC.
Maine
Delta-8 THC and all forms of cannabis are legal in Maine.
Maryland
Delta-8 THC is legal in Maryland.
Massachusetts
Delta-8 THC is legal in Massachusetts. The state also allows recreational cannabis use.
Minnesota
Delta-8 THC is legal in Minnesota.
Missouri
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.
New Hampshire
Delta-8 THC is legal in New Hampshire.
New Jersey
Delta-8 THC is legal in New Jersey. The state legalized recreational marijuana in 2021 and hemp-derived cannabinoid products with less than 0.3% delta-9 THC are also legal.
New Mexico
Delta-8 THC is legal in New Mexico. Recreational marijuana was also legalized in 2021.
North Carolina
Delta-8 THC is legal in North Carolina. However, the state has fairly restrictive cannabis laws so it’s likely that legislators may decide to ban or regulate delta 8 in the near future.
Ohio
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 labeling and other rules it’s unclear if this applies to regular delta-8 products.
Oklahoma
Delta-8 THC is legal in Oklahoma. The state originally planned to include delta-8 and delta-10 THC in the definition of marijuana but these provisions were later removed from Senate Bill 1033.
Oregon
Delta-8 is legal in Oregon but the state is working on legislation that would regulate delta-8 and similar “artificially derived cannabinoids” through the legal cannabis market.
Pennsylvania
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. However, that may change.
South Carolina’s Attorney General released an opinion on October 4, 2021, clarifying his understanding of delta 8’s legality. The document argues that all tetrahydrocannabinols are illegal in the state and that South Carolina’s hemp laws do not allow for hemp-derived delta 8 THC.
While this document is not legally binding, it does suggest that delta 8’s legality may be challenged in South Carolina in the future.
There have also been reports of police raids on delta 8 vendors in the state. One seller from Clinton named Robert Oggenfuss had $5,000 worth of delta 8 products seized in March 2021.
South Dakota
Delta-8 is legal in South Dakota. The state only considers delta-9-tetrahydrocannabinol a controlled substance and makes no mention of delta-8. Additionally, South Dakota is in the middle of a Supreme Court battle over the legality of recreational cannabis.
Tennessee
Delta-8 is legal in Tennessee, as long as it’s made from hemp and contains no more than 0.3% delta-9 THC.
Texas
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 released a statement on October 15, 2021, arguing that delta-8 THC is illegal in the state.
But the DSHS has no authority over regulating controlled substances and its stance was successfully challenged in court.
Virginia
Hemp-derived delta-8 THC is legal in Virginia. The state also legalized recreational cannabis in 2021.
Washington
Delta-8 is legal in Washington. However, the state’s Liquor and Cannabis Board (LCB) noted in April 2021 that delta-8 products cannot be produced or processed in LCB regulated facilities and sold in licensed marijuana stores. Although the statement was advisory, it looks like the LCB is discussing potential rules to regulate delta-8 THC.
West Virginia
Like other hemp-derived products, delta-8 THC is legal in West Virginia.
Wisconsin
For now, delta-8 is legal in Wisconsin. However, a news story from April 2021 suggests that the state’s Department of Agriculture, Trade and Consumer Protection is still discussing delta-8 and waiting on a statement from the DEA.
Wyoming
Delta-8 is legal in Wyoming. All hemp-derived products containing less than 0.3% delta-9 THC are legal in the state.
Washington D.C
Delta-8 THC is legal in Washington D.C.
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 can expect more states to join this category in the coming months.
Connecticut
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 adds delta-8 and other isomers to the definition of THC/marijuana.
Michigan
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 cannabis stores.
States Where Delta-8 is In a Legal Gray Area
In these states, it’s not 100% clear whether delta 8 THC is legal or not. Until each state releases an official statement, all we can do is use the available information to provide the best prediction.
Mississippi
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.
Nebraska
Delta-8 THC is in a legal gray area in Nebraska. The state considers all tetrahydrocannabinols controlled substances but also allows hemp-derived products so it’s not clear if hemp-derived delta-8 is legal or not.
Arizona
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.
Kentucky
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 or all forms of THC. 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.
Alaska
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.
Arkansas
Delta-8 THC is illegal in Arkansas.
Colorado
Colorado made delta-8 illegal on May 14, 2021. 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.
Delaware
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.
Idaho
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.
Iowa
Delta-8 THC is partially illegal in Iowa. Although Iowa made hemp-derived products legal in 2020, the legislation also banned their use through inhalation, which means that smokable and vapable delta-8 and CBD products are illegal.
Louisiana
Delta-8 is partially illegal in Louisiana. The state passed HB640 in August 2021, which bans “consumable hemp products” with over 1% of any kind of THC or cannabinoids that are not naturally occurring. These rules sound like they’re aimed specifically at delta-8 THC.
Additionally, the Louisiana Department of Health stated in an email on October 27, 2021 that hemp-derived food products and topicals, including delta-8 THC, will be regulated in the state.
That means you can buy delta-8 THC edibles, beverages, and topicals from licensed retailers in the future, as long as they contain no more than 1% THC by total weight.
Montana
Delta-8 is illegal in Montana.
Nevada
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.
New York
Hemp-derived 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 up to public comment until July 19 but now appear to be finalized.
This could mean that New York plans to regulate delta-8 THC products in the same way as recreational marijuana since the state recently legalized cannabis.
North Dakota
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).
Rhode Island
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.
Vermont
Delta-8 THC is illegal in Vermont. The state’s Agency of Agriculture, Food and Markets clarified on April 23, 2021, that “while naturally occurring delta-8-THC is not barred from hemp or hemp products, 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.”
Utah
Delta-8 is illegal in Utah because the state considers all isomers of tetrahydrocannabinol (THC) a controlled substance.
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 refer to when they say THC.
Delta-8 is an isomer of delta-9 THC, which means it has the same molecular formula as but the atoms are arranged differently. THC actually has four different isomers: delta-7, delta-8, delta-9, and delta-10.
