Is delta 8, also called diet weed, 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 in the Controlled Substances Act. This title goes only to the delta 9 version of THC.

Most state laws follow federal regulations or have their own adaptations that can make delta 8 THC either legal or less accessible. In some states, delta 8 may even be severely restricted, citing public health and safety concerns, especially since little research has been done on its long-term side effects. Others 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

Quick Summary: Is Delta 8 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.

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 ✅	SB225
Alaska	All D8 Banned 🚫	SB27
Arizona	All D8 Banned 🚫	SB1098
Arkansas	All D8 Banned 🚫	Act 629
California	All D8 Banned 🚫	AB 45
Colorado	All D8 Banned 🚫	SB23-71
Connecticut*	Regulated ⚖️	SB1201
Delaware	All D8 Banned 🚫	SB266
Florida	Unrestricted ✅	N/A
Georgia	Unrestricted ✅	N/A
Hawaii	All D8 Banned 🚫	HB1243
Idaho	All D8 Banned 🚫	SB1246
Illinois	Unrestricted ✅	N/A
Indiana	Unrestricted ✅	N/A
Iowa	All D8 Banned 🚫	House File 2605
Kentucky	Unrestricted ✅	HB197
Louisiana	Regulated ⚖️	HB952
Maine	Unrestricted ✅	Legislative Document 1159
Maryland	Regulated ⚖️	SB788
Massachusetts	All D8 Banned 🚫	No Official Law (Statement)
Michigan	Regulated ⚖️	HB4517
Minnesota	Regulated ⚖️	House File 3595
Mississippi	All D8 Banned 🚫	HB1547
Missouri	Regulated ⚖️	SB518
Montana	All D8 Banned 🚫	HB948
Nebraska	Unrestricted ✅	N/A
Nevada	All D8 Banned 🚫	SB49
New Hampshire	All D8 Banned 🚫	SB505
New Jersey	Regulated ⚖️	SB3235
New Mexico	Unrestricted ✅	New Mexico Hemp Manufacturing Act
New York	All D8 Banned 🚫	S00854
North Carolina	Unrestricted ✅	SB455
North Dakota	All D8 Banned 🚫	HB1213
Ohio	Unrestricted ✅	SB57
Oklahoma	Unrestricted ✅	Oklahoma Industrial Hemp Program
Oregon	All D8 Banned 🚫	HB3000
Pennsylvania	Unrestricted ✅	HB967
Rhode Island	All D8 Banned 🚫	Hemp Growth Act
South Carolina	All D8 Banned 🚫	HB1125
South Dakota	All D8 Banned 🚫	N/A
Tennessee	All D8 Banned 🚫	HB1376
Texas	Unrestricted ✅	N/A
Utah	All D8 Banned 🚫	HB54
Vermont	All D8 Banned 🚫	The Vermont Hemp Program
Virginia	All D8 Banned 🚫	SB903
Washington	All D8 Banned 🚫	The Washington Hemp Program
Washington DC	Regulated ⚖️	SB5367
West Virginia	All D8 Banned 🚫	SB546
Wisconsin	Unrestricted ✅	WI Stat § 94.55
Wyoming	All D8 Banned 🚫	Senate File 32

*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, with no accepted medical use (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, or Agriculture Improvement Act, signed by President Trump, drew a clear distinction between hemp and marijuana and removed hemp from the controlled substances list. Under the new bill, any products made from hemp are considered legal and regulated as a food supplement rather than a drug. This includes hemp derived cannabidiol or CBD, which is the primary non-psychoactive cannabinoid produced by the plant. 

However, the federal law also created a loophole that allowed the production, sale, and consumption of hemp derived cannabinoids that have psychoactive and intoxicating effects, such as the popular delta 8 THC.

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 and the THC level doesn’t exceed 0.3% on a dry weight basis. 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 has a chemical structure similar to delta 9 THC, with the main difference being the location of its double bond. Like delta 9, delta 8 also activates the endocannabinoid system’s cannabinoid receptors to produce a relaxing, euphoric high.

But delta 8 isn’t very abundant in cannabis plants. In marijuana, concentrations of delta 8 are around 1% or less. Delta 9 THC, on the other hand, can be found in high 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 concentrated amounts of delta 8 are so low in hemp samples that they rarely register on the test results at all.

Fortunately, scientists have created a few innovative methods and chemical processes that allow us to produce delta 8 THC products from CBD derived from hemp.

A word of caution: Some companies are still making their delta 8 with the older (and more dangerous) methods using potentially harmful chemicals or producing final products in uncontrolled or unsanitary settings. They use additional chemicals like 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 unsafe contaminants and contains legal levels of delta 9 THC is through third-party testing.

That said, be careful when buying delta 8 products and read company and product reviews. Always look for their products’ certificates of analysis as well. Avoid buying from convenience stores and gas stations, which often sell inferior-quality, untested delta 8 products.

Choose brands that comply with the law. The FDA issues warning letters to brands that violate laws, such as those making false health claims, mislabeling their products, or having ads targeting youth. Remember, if a brand can ignore the laws, then it can also deceive its customers.

Lastly, check your local laws before buying delta 8 products to avoid issues with the law.

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, a couple dozen 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. They use medical marijuana for several conditions, from treatment-resistant chronic pain to intractable epilepsy and seizures. Other states allow the sale and use of marijuana products freely, but impose age restrictions, 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?

No, delta 8 THC is illegal in Alaska.

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 state considers delta 8 THC a Schedule IIIA controlled substance and prohibits its addition to hemp products.

Arizona

Is delta 8 THC legal in Arizona?

No, Arizona bans the sale and use of delta 8 THC.

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 cannabinoids derived from hemp with psychoactive or intoxicating effects are also illegal in the state of Arkansas. When Act 629 was signed into law in 2023, a federal judge issued an injunction that blocked its enforcement. But in June 2025, the injunction was reversed by the Eighth Circuit Court of Appeals, reinstating the ban.

California

Is delta 8 THC legal in California?

No. Delta 8 THC is illegal in California.

While delta 9 THC is fully legal in California for both medical and recreational purposes, delta 8 was banned by the state.

According to state laws, it’s prohibited to add, sell, and use hemp products containing delta 8 THC and similar compounds.

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?

Delta 8 THC is illegal in Delaware.

Delaware law specifically states that delta 8 THC and other synthetically derived cannabinoids are illegal and considered Schedule I controlled substances.

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!

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.

A bill that would have fully banned delta 8 THC and similar compounds was approved by both the Senate and the House in 2024, but this was vetoed by Governor Ron DeSantis, so for now, delta 8 is still legal in 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?

No, delta 8 is illegal in Hawaii.

The state passed a law in 2022 that prohibited the sale of hemp products containing cannabinoids created through isomerization, such as delta 8. The state also banned edibles and inhalable hemp products.

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

Idaho

Is delta 8 THC legal in Idaho?

Delta 8 THC is banned in Idaho.

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 state considers chemically converted cannabinoids as synthetic, making them illegal under Idaho laws.

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?

Delta 8 THC is illegal in Iowa.

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?

Delta 8 THC is currently legal in the state of Kansas.

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%.

The State General Attorney may have released a statement saying delta 8 THC is unlawful, but his opinion was not legally binding. That said, delta 8 remains legal in Kansas for now.

Kentucky

Is delta 8 THC legal in Kentucky?

Yes, delta 8 is legal in Kentucky.

Delta 8 is technically legal in the state of Kentucky. The state aligned its hemp laws with the 2018 Farm Bill. However, the Kentucky Department of Agriculture released a statement that delta 8 THC is considered a Schedule I substance and illegal under federal laws. But a court decision affirmed that delta 8 THC sourced from hemp is legal in Kentucky.

For now, delta 8 is legal in the state, but steps are being taken to regulate its sale and use.

Louisiana

Is delta 8 THC legal in Louisiana?

Yes. Delta 8 THC is legal in the state of Louisiana.

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.

However, the state imposes several restrictions on hemp products containing THC. Consumable hemp products should contain no more than 5mg THC per serving, and by THC, it includes delta 8 and other THC isomers. It also limits edible packages to contain no more than 40mg 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?

Yes, delta 8 THC is currently legal but regulated in Maryland.

Maryland’s hemp laws are aligned with the 2018 Farm Bill, but the state placed an age limit on the sale, possession, and consumption. Consumers should be at least 21 years old to purchase delta 8 products.

In 2025, the state passed a law that put a cap on the total THC content of hemp products to 0.5mg per serving and 2.5mg per package.

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?

Delta 8 THC is legal in Michigan, but can only be sold by state-licensed vendors.

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.

Delta 8 is also legal in the state of Michigan, but it is tightly regulated by the Michigan Regulatory Agency. For now, the state only allows state-licensed companies to manufacture, distribute, and sell delta 8 products. Michigan also imposed an age limit of 21.

Minnesota

Is delta 8 THC legal in Minnesota?

Delta 8 may be legal in Minnesota, but it is strictly regulated.

Minnesota initially aligned its hemp laws with the 2018 Farm Bill, but in 2022, the state limited the total THC content of edible hemp products to 5mg per serving and no more than 0.3% of any THC in other hemp products.

Mississippi

Is delta 8 THC legal in Mississippi?

No. Delta 8 THC isn’t legal in Mississippi.

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

Only hemp products that remain below the 0.3% limit for all forms of THC are legal in the state of Mississippi.

Missouri

Is delta 8 THC legal in Missouri?

Yes. Delta 8 THC is legal in Missouri but will be strictly regulated soon.

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.

However, in 2024, the state governor released an executive order to classify food products containing hemp-derived psychoactive cannabinoids as adulterated. The state will also mandate licensing, labeling, and product testing requirements for entities selling such products.

Montana

Is delta 8 THC legal in Montana?

Delta 8 THC is illegal in Montana.

Montana laws ban the sale of delta 8 in the state. State lawmakers passed House Bill 948 in 2023, and this law specifically bans the production and sale of hemp products containing synthetically derived cannabinoids.

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.

However, the state’s Attorney General’s office considers delta 8 and similar cannabinoids as controlled substances and issued a statement that they would be cracking down on such products.

Nevada

Is delta 8 THC legal in Nevada?

No, the state prohibits delta 8 products.

Nevada initially legalized all hemp derivatives and cannabinoids, including psychoactive ones. However, in 2021, the state passed a law that banned hemp products containing more than 0.3% THC. It also prohibited the use of artificially synthesized cannabinoids such as delta 8, considering them controlled substances.

Learn more about delta 8 legality in Nevada here.

New Hampshire

Is delta 8 THC legal in New Hampshire?

No. 

Delta 8 THC products are illegal in New Hampshire, even if they’re made from hemp. According to state laws, hemp products must not contain more than 0.3% THC, may they be natural or synthetic THC. This effectively banned most delta 8 products in the state.

New Jersey

Is delta 8 THC legal in New Jersey?

Yes! Delta 8 THC is legal in New Jersey but can only be sold by licensed entities.

Delta 8 THC may be legal but regulated in the state of New Jersey. According to state laws, only state-licensed entities are allowed to sell such products. Moreover, they must also comply with the safety standards set by the state.

New Mexico

Is delta 8 THC legal in New Mexico?

Delta 8 THC is considered legal within state lines, but only if derived from hemp and contains no more than 0.3% THC.

However, state lawmakers passed House Bill 346 in 2025 that, if signed into law, will prohibit both synthetic and semi-synthetic cannabinoids in hemp products. The bill has already been approved by the House and is now pending in the Senate.

New York

Is delta 8 THC legal in New York?

No. Delta 8 is illegal in New York.

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?

Yes, delta 8 THC is legal in North Carolina.

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. Despite this though, North Carolina laws allow delta 8 products for now, provided they’re sourced from hemp, and not marijuana. 

However, a bill that would regulate delta 8 products and implement licensing, testing, and age restriction requirements has been introduced and is now in the General Assembly for consideration.

North Dakota

Is delta 8 THC legal in North Dakota?

No. North Dakota bans the sale and use of delta 8 THC.

House Bill 1213 was recently amended (April 26, 2021) to include delta 8 on the list of controlled substances. The bill also now includes delta 7 and delta 10 THC alongside delta 9 THC. All forms of THC now need to meet the 0.3% limit of THC and THC-analogs in order to remain legal.

Marijuana products for recreational use 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. Medical marijuana is legal in the state.

Ohio

Is delta 8 THC legal in Ohio?

Yes!

Any delta 8 THC product derived from hemp plants is considered legal within the state, after the state passed Senate Bill 57, which legalized hemp and all its derivatives.

However, Senate Bill 86 was introduced in 2025. If signed into law, this bill will regulate intoxicating hemp products and place stricter regulations on their sales, including age limit, testing standards, and taxation, among others.

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?

No. Delta 8 THC is illegal in Oregon.

As far as cannabis laws go, there are few states as friendly as Oregon. Shockingly, the state banned the sale of delta 8 THC within the state after lawmakers passed House Bill 3000.

The bill gave the Oregon Liquor and Cannabis Commission more authority over the hemp industry, and the OLCC considers delta 8 as artificially derived, resulting in its prohibition. Currently, businesses are prohibited from selling hemp products containing delta 8 and similar compounds.

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. However, a memorandum to ban hemp-derived delta 8 THC products was issued, but so far, it has not been enacted.

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?

No. Delta 8 THC is illegal in Rhode Island.

Rhode Island legalized hemp and its derivatives, but in 2022, the state classified delta 8 THC as a Schedule 1 controlled substance under its Uniform Controlled Substances Act. Only hemp products containing less than 0.3% total THC are legal.

South Carolina

Is delta 8 THC legal in South Carolina?

Yes. Delta 8 THC is illegal in South Carolina.

In South Carolina, any delta 8 THC extracts that were derived from hemp sources are considered illegal. The State Attorney General has explicitly stated that delta 8 THC is unlawful, even if it’s sourced from hemp.

Moreover, the South Carolina Department of Health and Environmental Control also stated that it’s illegal to add CBD and THC to any food products.

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?

No! South Dakota bans the sale of delta 8 products.

Delta 8 THC products made from hemp are considered illegal in South Dakota. The state’s governor signed into law House Bill 1125 in 2024. This bill effectively prevents manufacturers from converting hemp derived CBD into intoxicating, psychoactive THC isomers like delta 8 THC.

State laws also prevent manufacturers and vendors from selling hemp products containing synthetically converted or modified cannabinoids.

Tennessee

Is delta 8 THC legal in Tennessee?

No! Delta 8 THC is illegal in Tennessee.

Tennessee lawmakers passed House Bill 1376, and this bill redefined hemp derivatives and clearly excluded artificially-synthesized cannabinoids like delta 8. This means delta 8 THC products made from hemp are now illegal in the state and are listed as a controlled substance.

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.