What is the True Legality of Delta 8 THC Here in the United States as of 2022?
There is no doubt that delta 8 THC is an incredibly popular derivative of the hemp plant right now, being the second most purchased hemp-derived cannabinoid throughout the United States after cannabidiol (CBD). But, despite its remarkable popularity, there’s still quite a bit of confusion when it comes to its legality, especially when we get to the state level of the law.
Is Delta 8 Legal in the US?
Delta 8 THC is, in fact, a federally cannabinoid, and this is thanks to the passing of the Farm Bill back in 2018. When the United States passed the Farm Bill, it declared the hemp plant and its derivatives legal, as long as no single hemp product has more than 0.3% delta 9 THC. Meaning, any legal adult in the United States, at least under federal law, is free to buy delta-8 products in any product type they’d like, with no restrictions on concentration or purchase amount.
Is Delta 8 THC Legal in All 50 States?
While delta 8 THC is legal under federal law, each state has the right to make their own laws when it comes to the cannabinoid. Here is where things get a bit complicated, as some states have restricted the sales of delta 8.
Is Delta 8 THC Legal in Alabama?
Delta 8 THC is legal in the state of Alabama. Back in April, lawmakers did try to ban the cannabinoid. However, they failed to do so. Adults in the state can freely buy delta 8 THC.
Is Delta 8 THC Legal in Alaska?
Delta 8 THC is strictly illegal in the state of Alaska. The state does allow recreational marijuana use, however. Adults can possess up to an ounce of cannabis. Alaska banned delta 8 quite early on.
Is Delta 8 THC Legal in Arizona?
Delta 8 THC is strictly illegal in the state of Arizona. Arizona was another state to ban delta 8 rather quickly. However, the state seems to permit residents to possess it. It seems that the law only applies to selling the cannabinoid.
Is Delta 8 THC Legal in Arkansas?
Delta 8 THC is strictly illegal in the state of Arkansas. The state has outlawed the sales of all tetrahydrocannabinols (THC compounds). This is another state in which possession doesn’t seem to be enforced. But, you won’t find anyone selling delta 8 in person.
Is Delta 8 THC Legal in California?
Delta 8 THC is legal in the state of California. The state also allows for recreational marijuana sales, with some of the most liberal cannabis laws in the country. Therefore, you can find delta 8 products with relative ease. There are no restrictions on purchase amount, product type or milligram strength.
Is Delta 8 THC Legal in Colorado?
Delta 8 THC is strictly illegal in the state of Colorado. The state of Colorado does allow for recreational marijuana sales. The state, which is known for being a huge exporter of industrial hemp, does not allow even the production of delta 8 within state lines. Delta 8 has been banned in Colorado since May of 2021.
Is Delta 8 THC Legal in Connecticut?
Delta 8 THC is legal in the state of Connecticut. The state requires that only licensed cannabis establishments may carry delta 8 products. Otherwise, Connecticut simply adheres to federal law on hemp-related matters. Therefore, there are no real restrictions when it comes to purchasing delta 8 in the state, as long as you are a legal adult.
Is Delta 8 THC Legal in Delaware?
Delta 8 THC is strictly illegal in the state of Delaware. The law forbids the sales of tetrahydrocannabinols (THC) throughout the state. Therefore, you won’t be able to find delta 8 being sold in person, at least legally. There seems to be confusion about possession laws regarding delta 8.
Is Delta 8 THC Legal in Florida?
Delta 8 THC is legal in the state of Florida, as are all cannabinoids found in the hemp plant. This is another state that sticks to what the Farm Bill says. Delta 8 can be found throughout Florida. You must be an adult to purchase it.
Is Delta 8 THC Legal in Georgia?
Delta 8 THC is legal in the state of Georgia. There are no restrictions relating to product type or concentration. The state allows the sales of hemp products containing a maximum of 0.3% delta 9 THC. But, delta 8 foods and beverages are banned.
Is Delta 8 THC Legal in Hawaii?
Delta 8 THC is legal in the state of Hawaii, although some legislators are hoping to ban it in the future. The state requires that you are of legal age to purchase the cannabinoid. However, there are no restrictions on product type.
Is Delta 8 THC Legal in Idaho?
Delta 8 THC is strictly illegal in the state of Idaho. The state only allows the sales of hemp products containing 0% THC. This includes delta 8 THC and all other THC-based compounds. Idaho has one of the strictest hemp laws in the country.
Is Delta 8 THC Legal in Illinois?
Delta 8 THC is legal in the state of Illinois. Right now, the state is trying to regulate the market by coming up with laws pertaining to licensing and labeling. But, for the time-being, you can buy delta 8 throughout the state. The state also permits the sales of recreational marijuana.
Is Delta 8 THC Legal in Indiana?
Delta 8 THC is legal in the state of Indiana. In the state, all hemp-derived products with less than 0.3% delta 9 THC are considered legal. There are no laws that single out delta 8. Therefore, any type of delta 8 product may be purchased.
Is Delta 8 THC Legal in Iowa?
Delta 8 THC is strictly illegal in the state of Iowa. There is no law explicitly banning the cannabinoid. However, the state interprets federal cannabis laws as viewing delta 8 as an illegal derivative. You cannot buy delta 8 in person in the state.
Is Delta 8 THC Legal in Kansas?
Delta 8 THC is legal in the state of Kansas. There are no restrictions beyond those within the Farm Bill. The state permits the sales of all product types. Therefore, all adults can legally purchase delta 8.
Is Delta 8 THC Legal in Kentucky?
Delta 8 THC’s legality is a bit more confusing in Kentucky. While technically the cannabinoid is illegal, it’s widely available and laws against it are not enforced. While law enforcement has attempted to penalize those possessing delta 8 in the past, this doesn’t seem to be an issue anymore.
Is Delta 8 THC Legal in Louisiana?
Delta 8 THC is legal in the state of Louisiana. The state recently expanded on their laws by allowing for the sales of delta 8 foods and beverages. The state is quickly becoming one of the most lenient on delta 8 matters. Lawmakers are simply trying to regulate the delta 8 market rather than ban it.
Is Delta 8 THC Legal in Maine?
Delta 8 THC is legal in the state of Maine. Maine is also one of many states that permits the sales of recreational marijuana products. The state sticks to the Farm Bill when it comes to hemp. Therefore, all delta 8 products are legal in the state.
Is Delta 8 THC Legal in Maryland?
Delta 8 THC is legal in the state of Maryland. There are no restrictions pertaining to the types of delta 8 products being sold. The state law specifically states that all hemp derivatives containing no more than 0.3% delta 9 are legal. Any adult resident, therefore, can purchase it.
Is Delta 8 THC Legal in Massachusetts?
Delta 8 THC is legal in the state of Massachusetts. The state recognizes recreational cannabis, and also is quite a cannabis-friendly state overall. Massachusetts freely permits adult residents to buy delta 8. There are no restrictions on product type.
Is Delta 8 THC Legal in Michigan?
Delta 8 has been legal in Michigan since the passing of the Farm Bill. But in October of 2021, new legislation declared that all delta 8 products sold in the state must be regulated through a license. The state is one of several trying to regulate rather than ban the delta 8 market. Currently, adults can purchase any delta 8 product they’d like.
Is Delta 8 THC Legal in Minnesota?
Delta 8 THC is legal in the state of Minnesota. There are no restrictions when it comes to products sold on the market. The state permits the sales of all cannabinoids, adhering to the Farm Bill. Therefore, all hemp is legal as long as it contains a maximum of 0.3% delta 9 THC.
Is Delta 8 THC Legal in Mississippi?
Delta 8 THC is strictly illegal in the state of Mississippi. The state prohibits sales and production of delta 8 products. The state has explicitly stated that this cannabinoid is banned. There are no laws, however, pertaining to possession.
Is Delta 8 THC Legal in Missouri?
Delta 8 THC is legal in the state of Missouri. The state adheres to the Farm Bill. This means that since delta 8 products contain a maximum of 0.3% delta 9, they can be sold legally. You just have to be an adult to be able to make a delta 8 purchase.
Is Delta 8 THC Legal in Montana?
Delta 8 THC is strictly illegal in the state of Montana. The state has explicitly banned the sales of THC compounds. The state does not specifically name delta 8, but the law is implied. Therefore, sales of delta 8 products are forbidden within state lines.
Is Delta 8 THC Legal in Nebraska?
Delta 8 THC is legal in the state of Nebraska. There are no restrictions on delta 8 products that may be sold. The state follows the Farm Bill, which means that any product with a maximum of 0.3% delta 9 THC can be sold and purchased.
Is Delta 8 THC Legal in Nevada?
As of now, delta 8 is probably illegal in Nevada. State law has recently redefined the definition of THC to include delta 8 along with delta 9. However, it seems to be relatively easy to purchase in the state. Therefore, laws may not be enforced.
Is Delta 8 THC Legal in New Hampshire?
Delta 8 THC is legal in the state of New Hampshire. The state adheres to the Farm Bill. The state has no restrictions when it comes to product type. Any legal adult can purchase delta 8 products.
Is Delta 8 THC Legal in New Jersey?
Delta 8 THC is legal in the state of New Jersey. The state recognizes the Farm Bill, which does not ban delta 8 products. There are no restrictions on product type in the state. The state also recently legalized recreational marijuana.
Is Delta 8 THC Legal in New Mexico
Delta 8 THC is legal in the state of New Mexico, along with recreational marijuana. NM state law clearly says that all cannabinoid-based product can be sold as long as they contain no more than 0.3% delta 9. The state is overall quite cannabis-friendly.
Is Delta 8 THC Legal in New York?
Delta 8 THC laws in New York are a bit more complicated. Lawmakers have been trying to ban delta 8 for a while but are having little success. NY got closer to banning delta 8 earlier in November of 2021, but it seems that these laws are simply not being enforced. As of now, residents seem to be able to access delta 8 products quite easily.
Is Delta 8 THC Legal in North Carolina?
Delta 8 THC is legal in the state of North Carolina. However, the state is quite strict when it comes to cannabis. Lawmakers are suggesting the banning of delta 8 throughout the state. But, for the time-being, it’s a fully legal cannabinoid.
Is Delta 8 THC Legal in North Dakota?
North Dakota has recently banned delta 8 THC in all of its forms. The state is one of the more recent ones to ban the cannabinoid. The state explicitly bans delta 8 THC. However, because the law is so new, it may not be enforced just yet.
Is Delta 8 THC Legal in Ohio?
Delta 8 THC is legal in the state of Ohio. The state has strict laws about how delta 8 products may be labeled and tested. Therefore, Ohio is a state that is aiming to regulate the delta 8 market. No particular product types are restricted.
Is Delta 8 THC Legal in Oklahoma?
Delta 8 THC is legal in the state of Oklahoma in all of its product forms. Residents must be 21 to purchase it. Otherwise, there are no restrictions. This is another state that simply recognizes the Farm Bill.
Is Delta 8 THC Legal in Oregon?
Delta 8 THC is legal in the state of Oregon. State lawmakers are presently trying to regulate the delta 8 market. This would mean that manufacturers would need to follow specific testing and labeling protocol. Right now, there are no restrictions except that residents must be of adult age to purchase.
Is Delta 8 THC Legal in Pennsylvania?
Delta 8 THC is legal in the state of Pennsylvania. The state follows the Farm Bill. Therefore, the cannabinoid is fully legal for all adult residents. There are no restrictions on product type.
Is Delta 8 THC Legal in Rhode Island?
Delta 8 THC is strictly illegal in the state of Rhode Island. The state has made delta 8 a Schedule 1 substance. This means that possession of the cannabinoid is prohibited. The state does, however, permit possession of marijuana in small amounts.
Is Delta 8 THC Legal in South Carolina?
Delta 8 is THC legal in the state of South Carolina. But, some lawmakers wish to see it banned. Right now, there is a lot of confusion about its legality among legislators. But, at the moment, adult residents can buy delta 8 throughout the state.
Is Delta 8 THC Legal in South Dakota?
Delta 8 THC is legal in the state of South Dakota. Lawmakers are also working on legalizing recreational marijuana. Any adult resident can purchase delta 8 THC products. These products must contain a maximum of 0.3% delta 9.
Is Delta 8 THC Legal in Tennessee?
Delta 8 THC is legal in the state of Tennessee. Tennessee follows the Farm Bill. Therefore, adult residents can buy any delta 8 product that’s available. There are no restrictions on purchase amount.
Is Delta 8 THC Legal in Texas?
Delta 8 THC is legal in the state of Texas. Only recently, lawmakers attempted to ban delta 8 THC. But, it failed to pass. Therefore, adult residents can buy any delta 8 product on the market.
Is Delta 8 THC Legal in Utah?
Delta 8 THC is strictly illegal in the state of Utah. The state views delta 8 as a controlled substance. This means that possession is also illegal. The state has quite strict cannabis laws overall.
Is Delta 8 THC Legal in Vermont?
It appears that delta 8 THC is legal for adults to possess in Vermont. But, it may not be manufactured in the state. Laws on delta 8 changed only recently in the state, so there is quite a bit of confusion among residents. For now, it looks like adults can purchase delta 8 products.
Is Delta 8 THC Legal in Virginia?
Delta 8 THC is legal in the state of Virginia. The state also legalized recreational cannabis in 2021. Residents can legally purchase any delta 8 product they wish as long as they are an adult.
Is Delta 8 THC Legal in Washington?
Delta 8 THC is strictly illegal in the state of Utah. The state views delta 8 as a controlled substance. This means that possession is also illegal. The state has quite strict cannabis laws overall.
Is Delta 8 THC Legal in West Virgina?
Delta 8 THC is legal in the state of West Virginia. The state follows the Farm Bill. This means that all adult residents can buy delta 8 legally. There are no restrictions on product type or purchase amount.
Is Delta 8 THC Legal in Wisconsin?
Delta 8 THC is legal in the state of Wisconsin. But, some lawmakers wish to see that change in the near future. Right now, however, delta 8 is being sold throughout the state. Any adult resident can purchase the cannabinoid.
Is Delta 8 THC Legal in Wyoming?
Delta 8 THC is legal in the state of Wyoming. The state recognizes the Farm Bill. Therefore, adults can purchase delta 8 products. There are no restrictions other than requiring that all delta 8 products possess no more than 0.3% delta 9 THC.
Note: Always important to check to see whether or not delta 8 THC has been banned where you live, as hemp laws can change at any time.