Is Delta 8 THC Legal in Your State?

Delta 8 State Legality Overview

Delta-8 THC remains legal on the federal level although that could change if the Hemp Advancement Act is passed. Meanwhile, individual 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 currently legal in 32 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, 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 D.C.

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

Meanwhile, delta-8’s legality is unclear in 3 states: Arizona, California, and Mississippi.

Finally, Delta-8 THC is illegal in 13 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.

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.

Arkansas

Delta-8 THC is legal in Arkansas thanks to HB 1640, which replaced an older hemp bill.

Florida

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 entirely.

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

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

Illinois

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 being sold.

Indiana

Hemp-derived delta-8 is legal in Indiana, except for smokable products like sprayed delta-8 hemp flower. Senate Bill 209 was going to redefine hemp as containing no more than 0.3% of any type of THC but that provision was struck down in February 2022.

Kansas

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

Kentucky

Delta-8 THC is legal in Kentucky thanks to a judge’s injunction filed on February 28, 2022. But if Senate Bill 170 proposed in February 2022 gets passed, intoxicating, hemp-derived products like delta-8 will become illegal.

Louisiana

Delta-8 is partially legal in Louisiana. According to HB640, passed in August 2021, inhalable products (vapes and flowers) are banned. Additionally, products can contain no more than 1% total THC by total weight. That means you’re limited to delta-8 edibles, drinks, and topicals in Louisiana. It’s also one of the only states to allow companies to officially register their delta 8 THC edible products.

Maine

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

Maryland

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

Massachusetts

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

Minnesota

Delta-8 THC is legal in Minnesota. Hemp and hemp-derived products have been legal in the state for several years.

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.

Nebraska

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 since 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 federal ones and recreational marijuana was also legalized in 2021.

North Carolina

Delta-8 THC is legal in North Carolina. It counts as a hemp-derived product, which is legal in the state.

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 rules, this doesn’t apply to unregulated products.

Oklahoma

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.

Oregon

Delta-8 is legal in Oregon. Although the state passed legislation in July 2021 defining delta 8 as an “adult-use cannabis item,” it’s not banned.

So far, the only limitation is that delta 8 cannot be sold to people under 21. But delta 8 products may be restricted to licensed adult-use marijuana dispensaries in the near future.

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. Although there have been reports of police raids on delta 8 vendors in the state, we haven’t heard of any new ones happening recently.

The state’s 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 if the state’s Hemp Act is being violated.

South Dakota

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

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 tried to ban delta-8 THC but was challenged by local delta 8 brand Hometown Hero.

The courts granted a temporary injunction keeping delta 8 legal while the lawsuit is taking place, and the Texas Supreme Court denied the DSHS request to ban delta 8.

Virginia

Hemp-derived delta-8 THC 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. But that could change if Senate Bill 666 is passed, which adds delta 8 to the state’s list of controlled substances.

Wisconsin

Delta-8 is legal in Wisconsin, just like all hemp-derived products.

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. Hemp-derived products are legal in the District of Columbia, as well as recreational marijuana.

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

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 legalized adult-use cannabis and added delta-8 to the definition of THC and 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 marijuana retailers.

States Where Delta-8 is In a Legal Gray Area

In these states, it’s 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.

California

Delta-8 THC is either illegal or regulated in California. The state passed Bill 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 kind of THC.

It’s not clear if this means that delta-8 is completely banned or if it will be regulated the same way as adult-use cannabis. Either way, it looks like most online delta 8 vendors will stop shipping to the state.

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.

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.

States Where Delta 8 is Illegal

The following states have legislation prohibiting delta-8 in one way or another. 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.

Colorado

Delta-8 THC is illegal in Colorado. 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 tetrahydrocannabinol, 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 appears to be illegal in Iowa. Although non-inhalable, consumable hemp products were made legal in 2020, it’s not clear if this legislation allows for hemp-derived delta-8 THC.

Montana

Delta-8 is illegal in Montana because THC is a controlled substance.

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

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 confirmed by the New York Cannabis Control Board (CCB) in November 2021.

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 “…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.

Washington

Delta 8 appears to be illegal in Washington. The state’s Liquor and Cannabis Board stated in September 2021 that marijuana license holders can’t make or sell delta 8 THC products in the state’s regulated market.

But this ruling doesn’t specify if it affects unlicensed online vendors selling and shipping delta 8 all over the country. So it’s possible that they might still be able to ship products to Washington.