Is delta 8 legal where you live?

The laws surrounding cannabis in the United States are evolving every couple of months. Delta 8 is rarely named specifically in these laws — which makes the regulations unclear and often contradictory.

On the federal level, delta 8 is legal because it isn’t named directly as a restricted substance. This title goes only to the delta 9 version of THC.

Most state laws follow this ruling or have their own adaptations that can make delta 8 THC less accessible. Some consider any cannabinoid even remotely similar to delta 9 THC illegal by default; others maintain the specific prohibition of delta 9 THC only.

In this guide, we’ll cover the laws controlling delta 8 THC in each state and offer some insight into where delta 8 laws appear to be headed.

Quick Summary: Is Delta 8 THC Legal Where I Live? 

Only a handful of states address delta 8 THC directly, but every few months, a new bill is passed that blocks the sale of delta 8 THC locally. Most do so by simply including all versions of THC to the existing laws. States with this language in the law only permit edibles that contain no more than 0.3% delta 8 THC (or any form of THC) by weight. These changes work to ban concentrated delta 8 products like vapes, but allow for the sale of specially-formulated tinctures, gummies, and other edibles that remain below this 0.3% threshold.

So far, only one US state (Connecticut) has included delta 8 in its legal marijuana program.

At the moment, on a federal level. the consensus is that delta 8 THC is legal as long as two specific criteria are met: 

1. The extraction must come from hemp plants rather than marijuana plants.
2. The total delta 9 THC content must be at or below a concentration of 0.3%

Legal Status of Delta 8 THC by State: 

State	Details	Relevant Bill
Alabama	Unrestricted ✅	N/A
Alaska	Only Gummies Legal 🍬 (0.3% Limit)	SB27
Arizona	Only Gummies Legal 🍬 (0.3% Limit)	SB1098
Arkansas	All D8 Banned 🚫	HB1640
California	Only Gummies Legal 🍬 (0.3% Limit)	AB 45
Colorado	All D8 Banned 🚫	No Official Law (Statement)
Connecticut*	Regulated ⚖️	SB1201
Delaware	Only Gummies Legal 🍬 (0.3% Limit)	SB266
Florida	Unrestricted ✅	N/A
Georgia	Unrestricted ✅	N/A
Hawaii	Only Gummies Legal 🍬 (0.3% Limit)	HB1243
Idaho	Only Gummies Legal 🍬 (0.3% Limit)	SB1246
Illinois	Unrestricted ✅	N/A
Indiana	Unrestricted ✅	N/A
Iowa	Only Gummies Legal 🍬 (0.3% Limit)	Iowa Hemp Act
Kentucky	Only Gummies Legal 🍬 (0.3% Limit)	No Official Law (Statement)
Louisiana	Only Gummies Legal 🍬 (0.3% Limit)	Industrial Hemp Act
Maine	Unrestricted ✅	N/A
Maryland	All D8 Banned 🚫	SB788
Massachusetts	All D8 Banned 🚫	No Official Law (Statement)
Michigan	Only Gummies Legal 🍬 (0.3% Limit)	HB4517
Minnesota	All D8 Banned 🚫	Statues of Substances Derived from Hemp
Mississippi	Only Gummies Legal 🍬 (0.3% Limit)	SB2725
Missouri	Unrestricted ✅	N/A
Montana	Only Gummies Legal 🍬 (0.3% Limit)	New Hemp Plan
Nebraska	Unrestricted ✅	N/A
Nevada	Only Gummies Legal 🍬 (0.3% Limit)	SB49
New Hampshire	Unrestricted ✅	N/A
New Jersey	Unrestricted ✅	N/A
New Mexico	Unrestricted ✅	N/A
New York	Only Gummies Legal 🍬 (0.3% Limit)	S00854
North Carolina	Unrestricted ✅	N/A
North Dakota	Only Gummies Legal 🍬 (0.3% Limit)	HB1045
Ohio	Unrestricted ✅	N/A
Oklahoma	Unrestricted ✅	N/A
Oregon	Only Gummies Legal 🍬 (0.3% Limit)	Oregon Hemp Law
Pennsylvania	Unrestricted ✅	N/A
Rhode Island	Only Gummies Legal 🍬 (0.3% Limit)	Rhode Island Hemp Law
South Carolina	Only Gummies Legal 🍬 (0.3% Limit)	The South Carolina Hemp Program
South Dakota	Unrestricted ✅	N/A
Tennessee	Unrestricted ✅	N/A
Texas	Unrestricted ✅	N/A
Utah	Only Gummies Legal 🍬 (0.3% Limit)	HB385
Vermont	All D8 Banned 🚫	The Vermont Hemp Program
Virginia	Unrestricted ✅	N/A
Washington	Only Gummies Legal 🍬 (0.3% Limit)	The Washington Hemp Program
Washington DC	Unrestricted ✅	N/A
West Virginia	Unrestricted ✅	N/A
Wisconsin	Unrestricted ✅	N/A
Wyoming	Unrestricted ✅	N/A

*Some states permit the sale of delta 8 THC, but only through registered dispensaries. We can’t legally ship to these states.

How is Delta 8 THC Regulated in the United States? 

The legal landscape for cannabis is rapidly evolving. There are federal laws that regulate cannabis as well as individual state laws — and often, these different tiers of government contradict each other.

For example, any product made from hemp in the United States is considered legal on a federal level. Hemp is defined as any Cannabis sativa plant that produces less than 0.3% THC (dried weight). Marijuana plants, on the other hand, are illegal and listed in the highest tier in terms of severity (Schedule I).

On a state level, the laws could be very different. In some states, marijuana is completely legal to buy and use — even though it’s still classified as a federal crime. Additionally, there are some states that ban or limit the sale of hemp products despite the feds being A-OK with it.

It’s confusing, and it only gets worse when we start talking about delta 8 THC. 

As per the official Schedule I database in the United States, delta 9 THC (specifically) is the restricted compound in cannabis. There’s no mention anywhere about delta 8 in any context.

The 2018 Farm Bill, signed by President Trump, drew a clear distinction between hemp and marijuana. Under the new bill, any products made from hemp are considered legal and regulated as a food supplement rather than a drug.

The way these regulations come together suggests that delta 8 THC products are entirely legal as long as they’re made from hemp rather than marijuana. Many cannabis lawyers agree with this statement, and there’s been a lot of discussion around these laws in high-level legal forums and in major media outlets like the New York Times, The Rolling Stone, and the New York Post.

However, as with any vague and complex laws, there’s room for interpretation.

The DEA also bans any “synthetically-derived” THC. Delta 8 THC is not synthetically derived because it’s a naturally occurring compound. When delta 8 THC is extracted from hemp, it’s classified as “naturally derived,” while THC isomers invented in a lab are considered “synthetically derived.”

Delta 8 THC Can Be Made From Hemp

Delta 8 isn’t very abundant in cannabis plants. In marijuana, concentrations of delta 8 are around 1% or less. Delta 9 THC can be found in concentrations up to about 28% — so for every 1 gram of delta 8, we get 28 grams of delta 9.

The issue is that the only legal delta 8 products in most states are those made from hemp plants — and hemp makes even less of this cannabinoid. The concentration of delta 8 is so low in hemp samples it rarely registers on the test results at all.

Fortunately, scientists have created a few innovative methods that allow us to produce delta 8 THC products from hemp plants.

A word of caution: Some companies are still making their delta 8 with the older (and more dangerous) methods. They use heavy metal reagents, bleaches, or toxic solvents to create the distillate.

These methods are not only unsafe and inefficient (which means they often contain illegal levels of delta 9 THC), they’re no longer even necessary. The only way to be sure a company is selling clean delta 8 that’s free from contaminants and contains legal levels of delta 9 THC is through third-party testing.

Delta 8 Laws: State By State

 

The cannabis industry is undergoing a fundamental shift — first, with the introduction of the 2018 Farm Bill that moved a specific phenotype of cannabis called hemp out of the restricted classification.

However, many US states have imposed their own laws to make cannabis more accessible. Some states have medical cannabis laws that allow citizens to order non-psychoactive and psychoactive cannabis products as long as they’ve been granted medical approval; others allow the sale and use of marijuana products freely and tax them as they do with alcohol.

Here, we’ll cover each state’s up-to-date laws on delta 8 and cannabis.

We’re continually updating this page as the laws change, so make sure you subscribe to our newsletter to remain up to date as cannabis laws change where you live.

Alabama

Is delta 8 THC legal in Alabama?

Yes!

Delta 8 THC was made legal in the state of Alabama along with all cannabinoids except for the delta 9 isomers. However, this state is particularly strict with its marijuana laws. If you’re caught using delta 9 THC (which is very hard to tell apart from delta 8 without a lab test), you’ll lose your driver’s license for up to 6 months.

A recent ballot sought to add delta 8 THC and delta 10 THC to the banned substances list, but they were subsequently removed before being approved by state regulators.

Alaska

Is delta 8 THC legal in Alaska?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Despite recent changes in Alaska law that permit users to hold up to 1 oz (28 grams) of dried marijuana flower, delta 8 THC was specifically outlawed in 2018.

The law that bans delta 8 was made in response to the federal bill legalizing hemp. It was designed to prevent sellers from side-stepping the state’s THC ban (which has since been overturned).

This was later amended to suggest that only products with more than the 0.3% limit are illegal.

We expect to see delta 8 laws in Alaska catch up to the current recreational marijuana laws, but this could take some time.

Arizona

Is delta 8 THC legal in Arizona?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Delta 8 is not fully legal in the state of Arizona. Products containing more than 0.3% THC of any kind are banned. However, marijuana has since become legal recreationally, so the delta 8 ruling is likely to be overturned in the near future.

Arkansas

Is delta 8 THC legal in Arkansas?

No.

Arkansas has been particularly strict when it comes to marijuana regulations. Marijuana is only legal to purchase with a medical license — which itself is notoriously hard to get.

Delta 8 THC and other psychoactive cannabinoids are unlikely to become legal in the state of Arkansas anytime soon unless a sweeping change in marijuana policy is imposed by the federal government.

California

Is delta 8 THC legal in California?

Yes!

Delta 8 THC, as well as delta 9 THC, is completely legal in California for both medical and recreational purposes.

Most of the current delta 8 THC companies and a large percentage of US cannabis companies are based in California because of the strong weed culture and relaxed laws involved with regulating this substance.

Colorado

Is delta 8 THC legal in Colorado?

No.

Colorado was the first US state to legalize cannabis across the board (recreational and medical) — yet, Colorado is one of the few states that ban delta 8 THC.

The reasoning behind this ban comes from the way delta 8 THC is made. Colorado state laws ban the sale of any synthetic or synthetically-derived THC products. Most of the delta 8 THC on the market today is made from CBD — which would be considered a synthetic process — which makes it illegal under Colorado state law.

It’s possible to find legal delta 8 THC in Colorado is made from aged marijuana plants — but the purity of these products is low, and the cost can be very high.

Connecticut

Is delta 8 THC legal in Connecticut?

Yes, but only from registered retail shops.

Connecticut recently approved an adult-use recreational marijuana program. Now anybody in the state over the age of 21 can buy delta 9 or delta 8 products. The only catch is that only registered retail shops (dispensaries) in the state have access. We’re unable to ship our products to Connecticut as of July 1, 2021.

Delaware

Is delta 8 THC legal in Delaware?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Delaware law specifically states that any tetrahydrocannabinol — including delta 9, synthetic, and delta 8 forms are illegal in concentrations over 0.3%. Only hemp products that contain this limit are considered legal in this state.

Marijuana products have been decriminalized in the state — which means possession no longer brings a jail sentence. Instead, offenders are given a ticket and may have their products confiscated.

Florida

Is delta 8 THC legal in Florida?

Yes!

Florida specifically bans delta 9 THC but permits all other cannabinoids, including the delta 8 isomers of THC.

Only delta 8 THC made from hemp that contains less than the federal limit of 0.3% delta 9 THC is permitted in the state of Florida.

Georgia

Is delta 8 THC legal in Georgia?

Yes!

Delta 8 products are legal in the state of Georgia as long as they come from hemp-derived sources and contain less than the federal limit of 0.3% delta 9 THC.

If you have a medical license, the limit is increased to 5% delta 9 THC.

Hawaii

Is delta 8 THC legal in Hawaii?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Hawaii recently decriminalized marijuana — which removed the harsh penalties imposed on people caught in possession of this plant in any form.

As per the changes in the 2018 Farm Bill, Hawaii permits any hemp-derived products and derivatives except for THC in any form. The same legal limit here applies as with other states (0.3%) which effectively makes only edibles legal (as long as they remain below the legal limit). Gummies are the best option here as they’re relatively heavy, so they can meet this criteria while still remaining active.

Depending on the officer, you may or may not get a ticket for holding THC products in the state of Hawaii.

Idaho

Is delta 8 THC legal in Idaho?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Idaho is one of the strictest states when it comes to cannabis reform. The state laws name all tetrahydrocannabinol as illegal — including the delta 8 form.

The exception are products that contain no more than 0.3% total THC by weight (including delta 8). Gummies are considered legal in the state of Idaho.

Illinois

Is delta 8 THC legal in Illinois?

Yes!

The Illinois Department of Agriculture clarified its stance on hemp and hemp derivatives — stating that “hemp and hemp derivatives may not be used to synthesize intoxicating compounds including delta 9 tetrahydrocannabinol or delta 8 tetrahydrocannabinol.”

However, there are no official laws banning the compound. Public statements from members of the IDA are not accepted forms of legislation.

Indiana

Is delta 8 THC legal in Indiana?

Yes!

Indiana state law lists marijuana as a misdemeanor — which makes it one of the few remaining states to enforce the outdated marijuana prohibition laws set forth by the federal government.

However, according to Indiana state law, only the delta 9 isomers of THC are considered illegal. There’s no mention of the delta 8 isomers, and unlike states like Alaska or Idaho, the law doesn’t cover all forms of tetrahydrocannabinol.

Any delta 8 THC products made from hemp that contain less than 0.3% delta 9 THC are technically legal in the state of Indiana.

Iowa

Is delta 8 THC legal in Iowa?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Iowa has had a history of being particularly strict regarding its policy on any psychoactive substance, including cannabis.

This state upholds this pattern by prohibiting any form of THC above the federal limit of 0.3% — including delta 8 THC. Getting caught with D8 in your possession could lead to a jail sentence in the state of Iowa.

Kansas

Is delta 8 THC legal in Kansas?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Kansas charges people in possession of marijuana products that contain delta 9 THC with a misdemeanor. These laws specifically state the delta 9 isomers.

This may be semantics, but the specificity of this law for regulating the delta 9 isomer (not delta 8 THC) is interpreted in favor of all other forms of THC — including delta 8 THC.

You can buy delta 8 THC if you live in the state of Kansas as long as the delta 9 THC content is below 0.3%.

Kentucky

Is delta 8 THC legal in Kentucky?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Delta 8 is technically illegal in the state of Kentucky in concentrations over 0.3%. However, laws might change soon.

This state is one of the leading hemp producers in the United States and is particularly friendly toward hemp manufacturers and farmers.

It’s possible that delta 8 THC could be removed from the banned substances list in the near future in an attempt to bring more business to its local economy — which largely depends on the hemp industry.

Louisiana

Is delta 8 THC legal in Louisiana?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Louisiana considers any hemp-derived products legal as long as they contain no more than 0.3% delta 9 THC. There is currently no mention of delta 8 or delta 10 THC in the state’s current regulations.

HB640 considers all forms of THC in the total allowed concentration of THC in hemp and marijuana products (0.3%). This would include delta 6, delta 7, delta 8, and delta 10 THC.

Maine

Is delta 8 THC legal in Maine?

Yes!

All forms of cannabis are legal in the state of Maine — including both the delta 8 and delta 9 isomers of THC.

Maryland

Is delta 8 THC legal in Maryland?

No!

Maryland recently decriminalized possession of marijuana (under 10 grams). Decriminalization is not the same as legalization. If you’re caught with delta 8, you won’t go to jail, but vendors are not permitted to sell D8 in this region.

Massachusetts

Is delta 8 THC legal in Massachusetts?

No!

Prohibition of delta 8 THC in Massachusetts was only recently clarified. The Massachusetts Department of Agriculture announced in June that it considers delta 8 THC a controlled substance, regardless of source.

Michigan

Is delta 8 THC legal in Michigan?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Michigan was one of the most recent states to legalize marijuana. The plant and its derivatives are now considered legal for both medical and recreational use and are sold in dispensaries across the state.

However, delta 8 is specifically listed on the state’s banned substances list. This substance remains as a result of past laws created when marijuana was illegal, but they have yet to be updated. These conflicting laws make it unclear whether delta 8 THC is legal or illegal in the state of Michigan.

The general consensus is that delta 8 is legal here as long as it adheres to the 0.3% maximum — which makes many edible delta 8 products legal here.

Minnesota

Is delta 8 THC legal in Minnesota?

No.

Minnesota was one of the first states to establish medical marijuana laws back in 2014. Unfortunately, today their laws are more strict than many other states.

Delta 8 THC is listed as a prohibited substance in the state of Minnesota in all forms.

Mississippi

Is delta 8 THC legal in Mississippi?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Mississippi specifically names delta 8 THC and several other synthetic and natural isomers of the THC molecule in its banned substances list.

Only delta 8 products that remain below the 0.3% limit for all forms of THC (including hemp-derived) are legal in the state of Mississippi.

Missouri

Is delta 8 THC legal in Missouri?

Yes!

Missouri considers any hemp products legal and has decriminalized marijuana. This means you can freely order delta 8 THC products made from hemp but could run into some problems if the delta 9 THC content is higher than 0.3%. There are no mandatory jail times imposed for people who break this law, but they will be given a ticket that increases in value with every offense.

Montana

Is delta 8 THC legal in Montana?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

All forms of THC were illegal in the state of Montana until January 1, 2021. Initiative 190 was passed that moved marijuana and its constituents into the legal category.

A conflicting law bans the sale of delta 8 in the state in concentrations matching that of delta 9 THC (0.3%).

Nebraska

Is delta 8 THC legal in Nebraska?

Yes!

Delta 8 THC is legal in Nebraska. The local state bill mirrors the federal 2018 Farm Bill, which considers any derivatives, extracts, and cannabinoids of the hemp plant legal as long as it doesn’t exceed 0.3% delta 9 THC by weight.

Nevada

Is delta 8 THC legal in Nevada?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

The problem is that Nevada state bill NRS-557 regulates delta 8 products as “THC products” regardless of their origin. State bill 49 defines THC as any form of tetrahydrocannabinol, including delta 7, delta 8, delta 9, and delta 10 THC.

Even if delta 8 is made from hemp, it’s subject to strict regulations in terms of packaging and labeling. Companies selling delta 8 need to be registered as marijuana companies. This is why most online delta 8 vendors don’t sell this cannabinoid despite it being nearly legal in the state of Nevada.

Learn more about delta 8 legality in Nevada here.

New Hampshire

Is delta 8 THC legal in New Hampshire?

Yes!

Delta 8 THC products are legal in New Hampshire if made from hemp and decriminalized if made from marijuana. Keep the packaging nearby to prove to law enforcement that you’re using legal hemp-derived products. Even though THC is decriminalized in the state, it can still bring minor penalties, and your product may be confiscated.

New Jersey

Is delta 8 THC legal in New Jersey?

Yes!

All cannabinoids from the cannabis plant except for delta 9 THC are legal in the state of New Jersey. Always make sure the products you’re using contain less than the federal limit of 0.3% delta 9 THC unless you have a medical exemption to own high delta 9 THC products.

New Mexico

Is delta 8 THC legal in New Mexico?

Yes!

New Mexico specifically names delta 9 THC as the restricted substance in cannabis products. Any cannabis extract made from the hemp phenotype that contains less than 0.3% delta 9 THC is considered legal within state lines.

Products that have higher than 0.3% are not legal but have been decriminalized, which removes mandatory jail sentences and substantially reduces the charges imposed on people who break this law.

New York

Is delta 8 THC legal in New York?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Delta 8 THC was legal in the state of New York until May 2021. Newer legislation was passed that effectively bans any delta 8 or delta 10 THC products, regardless of where it comes from in concentrations over 0.3%.

North Carolina

Is delta 8 THC legal in North Carolina?

Not likely.

North Carolina hasn’t explicitly banned this substance, but the state’s Department of Agricultural made a statement that it believes the DEA considers delta 8 THC a controlled substance regardless of its source. Therefore, it’s likely North Carolina views D8 compound as illegal, whether it comes from hemp or marijuana.

North Dakota

Is delta 8 THC legal in North Dakota?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Marijuana products containing more than 0.3% delta 9 THC are not allowed, but infractions don’t constitute a criminal offense in the state. This means charges are minor and don’t bring mandatory jail sentences as they have in the past. Anything over 14 grams of marijuana or equivalent remains a criminal offense.

Ohio

Is delta 8 THC legal in Ohio?

Yes!

Cannabis products are tightly controlled in the state of Ohio — but any delta 8 THC product derived from hemp plants is considered legal within the state.

If caught in possession of products that contain more than 0.3% of the delta 9 form of this substance, you will be stuck with a civil infraction. Only those granted medical access can buy products with higher levels of the delta 9 isomers.

Oklahoma

Is delta 8 THC legal in Oklahoma?

Yes!

Marijuana remains illegal in the state of Oklahoma. However, the delta 8 form of THC managed to escape this ruling and is considered legal within the state if derived from hemp rather than marijuana.

Always keep some packaging with you or other proof to show law enforcement if caught with delta 8 THC products. Sometimes it’s difficult to tell the difference between the two without seeing the packaging or testing a sample of the product in a lab. Save yourself the headache and keep some of the packaging to prove the products you’re using are hemp-derived on the spot.

Oregon

Is delta 8 THC legal in Oregon?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

As far as cannabis laws go, there are few states as friendly as Oregon. Shockingly, there’s currently a push to ban the sale of delta 8 THC within the state. Currently, delta 8 is held to the same limits as hemp-derived delta 9 THC, which is 0.3% of the total weight of the product.

Oregon was the first state to decriminalize marijuana back in 1973 — decades before the rest of the United States even started to consider removing restrictions on the plant.

Pennsylvania

Is delta 8 THC legal in Pennsylvania?

Yes!

The only cannabis-derived substance named as restricted in the state of Pennsylvania is delta 9 THC. There’s no mention in the official documents that refer to delta 8.

With that said, marijuana is illegal in this state, so it’s important to maintain proof the products you’re using are hemp-derived. It’s difficult to tell the difference between delta 8 THC distillate from delta 9 THC distillate — so keep some of the packaging nearby in case you’re questioned.

Rhode Island

Is delta 8 THC legal in Rhode Island?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Rhode Island legalized hemp and its derivatives but only recently moved to name delta 8 THC as a form of THC — this holds it to the same legal restrictions as delta 9 THC. Only products containing less than 0.3% total THC are legal. Basically, only edibles meet these criteria.

South Carolina

Is delta 8 THC legal in South Carolina?

Yes!

Like most other US states, delta 8 THC is legal, not by name specifically — but by its lack of inclusion on the restricted substances list.

In South Carolina, any delta 8 THC extracts that were derived from hemp sources are considered legal.

Possession of products that contain more than the federal limit of delta 9 THC is classified as a misdemeanor.

South Dakota

Is delta 8 THC legal in South Dakota?

Yes!

South Dakota recently voted to reject a bill that would have made all cannabis products legal within the state. This means any cannabis products not made specifically from hemp will remain illegal for anybody not registered in the state’s medical program.

However, delta 8 THC products made from hemp are considered legal in South Dakota. Make sure to check the delta 9 THC content of the products you’re ordering if you live in this state. The legal limit is 0.3% delta 9 THC.

Tennessee

Is delta 8 THC legal in Tennessee?

Yes!

Tennessee lawmakers have a history of being particularly strict regarding cannabis. They were hesitant to adapt to the introduction of the 2018 Farm Bill but eventually updated state laws to match.

This means delta 8 THC products made from hemp are legal. If the delta 9 content is higher than 0.3%, it could result in a misdemeanor charge in this state.

Texas

Is delta 8 THC legal in Texas?

Yes!

Delta 8 products made from hemp are legal in the state of Texas under the same laws imposed by the federal government.

Marijuana products remain illegal in Texas — however, a new law referred to as “cite and release” prevents law enforcement from arresting anybody caught in possession of marijuana products in the cities of Austin, San Antonio, Dallas, and Travis County.

Utah

Is delta 8 THC legal in Utah?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Utah clearly states that all forms of tetrahydrocannabinol, including delta 8, are restricted to a maximum of 0.3% in any cannabis-derived product. This means delta 8 is illegal in the state of Utah.

Vermont

Is delta 8 THC legal in Vermont?

No!

Delta 8 THC was only recently made illegal in Vermont (both hemp and marijuana-derived). A recent bill specifically named delta 8 and delta 10 as banned substances within the state — regardless of the source.

Virginia

Is delta 8 THC legal in Virginia?

Yes!

Virginia permits the sale of delta 8 THC derived from hemp. Only products with less than 0.3% delta 9 THC are considered legal in the state — so make sure to check the products you’re ordering remain within the legal limit for the state.

If accepted under the state’s medical program, patients can order delta 8 extracts that also contain up to 5% delta 9 THC.

Washington

Is delta 8 THC legal in Washington?

Somewhat — edibles containing no more than 0.3% total D8 remain legal.

Cannabis in all forms has been legal in the state of Washington since 2012. Recently, the Washington State and Liquor Board issued a statement suggesting delta 8 THC and any other isomers derived chemically are no longer permitted to be produced in state-licensed facilities or sold in marijuana retail stores.

Effective immediately, all cannabis products are legal in Washington in regulated dispensaries or in quantities below 0.3% total THC from unregulated vendors.

West Virginia

Is delta 8 THC legal in West Virginia?

Yes!

West Virginia adopted the same language used by the federal government when they updated their hemp laws after the introduction of the 2018 Farm Bill. This wording specifically states delta 9 THC as the restricted substance in cannabis.

As a result, delta 8 THC products are legal in West Virginia as long as they’re made from hemp (not marijuana). No product containing more than 0.3% delta 9 THC is legal unless registered in the state’s medical program.

Wisconsin

Is delta 8 THC legal in Wisconsin?

Yes!

Like most states, Wisconsin has focused on the delta 9 isomers. Only products that contain more than the federal limit of 0.3% THC are considered illegal in this state (aside from medical patients). There are no restrictions on the amount of delta 8 THC in this state.

Wyoming

Is delta 8 THC legal in Wyoming?

Yes!

Wyoming is notoriously slow to adapt to changes in marijuana policy. They adopted the same regulations imposed by the federal government with the 2018 Farm Bill.

All hemp-derived products are considered legal in the state of Wyoming — including hemp-derived delta 8 THC.

What Does the Future of Delta 8 THC Look Like? 

Delta 8 THC isn’t a new cannabinoid — researchers have been studying it for decades. But it’s only become popular mainstream in the last couple of years.

The focus of regulations in the United States has always focused on the more common form of THC — delta 9 isomer — which is produced in much higher quantities in the cannabis plant. Most state laws specifically name delta 9 as the restricted substance — leaving out any mention of delta 8 THC.

The lack of mention for delta 8 has legal experts declaring it legal in the United States. Only a few US states have extended the restrictions to include other versions of tetrahydrocannabinol.

With the exception of specific US states mentioned above, delta 8 THC products are completely legal in the United States as long as it’s made from hemp rather than marijuana and contain less than 0.3% of the delta 9 THC isomer.

As more states move to legalize all forms of cannabis and its constituents, it’s very likely we’ll see more states add delta 8 to their list of tolerated substances and more regions allow the sale of delta 8 THC derived from marijuana — rather than just hemp.