Delta-8 legality by state, read on...
Last updated: September 2022
Is Delta 8 legal in your state?
Laws can change, but currently there are some states where Delta 8 THC is considered legal and you may purchase and possess the best brand we featured in this article today without much recourse from the state-level authorities:
● Alabama
● California
● Florida
● Georgia
● Hawaii
● Illinois
● Indiana
● Kansas
● Maine
● Maryland
● Massachusetts
● Minnesota
● Missouri
● New Hampshire
● New Jersey
● New Mexico
● North Carolina
● Ohio
● Oklahoma
● Oregon
● Pennsylvania
● South Carolina
● South Dakota
● Tennessee
● Texas
● Virginia
● Washington
● West Virginia
● Wisconsin
● Wyoming
● Washington, D.C.
It's important to note that some of the above states only allow the sale of Delta 8 THC that has been strictly sourced from hemp plants. This means that some states only allow the Delta 8 THC products to be similar to a CBD level of THC allowance, which is less than 0.03% THC in the product.
It's best to check each state to confirm what the current regulations are.
States Where Delta 8 THC Is Regulated
Below are the states that treat Delta-8 THC the same as recreational cannabis.
● Connecticut
● Michigan
● Nevada
States Where You'll Find Delta 8 THC Falls Inside a Legal Gray Area
The below states don't share enough information for us to determine if the Delta 8 THC variant is legal or not, therefore we call them the legal gray area states.
● Mississippi
● Nebraska
● Kentucky
States That Have Delta 8 THC Confirmed as Illegal
As of the writing of this article, the below states consider hemp-derived Delta 8 THC absolutely illegal.
● Alaska
● Arizona
● Arkansas
● Colorado
● Delaware
● Idaho
● Iowa
● Louisiana
● Montana
● New York
● North Dakota
● Rhode Island
● Vermont
● Utah
Can I get in trouble for possessing Delta 8 THC?
If you live in a state where the use of Delta 8 THC is illegal, then it is possible that you could face criminal charges if you are caught in possession of this drug. If you are unsure about the legality of this drug in your area, then you should speak with a qualified drug crimes attorney in your local area.
Can I fly with Delta 8 THC?
Since Delta 8 THC is not legal in all states, if you are caught trying to bring Delta 8 THC with you on a plane, depending where you’re traveling to or from, you could face criminal charges for possession and distribution of a Schedule I substance.
If your destination is somewhere where Delta 8 THC is legal, then it should be possible to travel between those locations as long as you are traveling within the legal limits. However, if your destination does not allow Delta 8 THC, then you should avoid trying to bring this drug with you when you travel.
How to Find Current Delta 8 THC Regulations in Your State?
If you're in a state where Delta 8 THC is legal, it's important to make sure that the brand you trust is selling legal Delta 8 THC products.
Here are a few ways to help ensure you stay on the right side of the law when it comes to buying your preferred brand of Delta 8 THC products:
Verify their website contains the state registration number.
The state registration number should be accompanied by a certificate of analysis (COA). The COA shows you what's in the product, including the Delta 8 THC content.
Request to view their lab results documentation.
This documentation shows you how much Delta 8 THC is present in the product, as well as how it's been extracted from the plant.
Use common sense
Delta 8 THC products in states where recreational cannabis is legal will probably be easier to find than in states where cannabis has no accepted medical value.
Why Delta 8 is Controversial
Delta 8 THC can have a psychoactive effect similar to other marijuana products, which makes it somewhat controversial.
Some people consider Delta 8 THC to be on the same level as any other cannabis product. Others think that Delta 8 THC is too similar to traditional THC and therefore should not be used at all.
Ultimately, this won't stop Delta 8 THC from becoming widely accepted in legal U.S. states where it's allowed. As more and more states legalize recreational cannabis, we may even see Delta 8 THC become a new trend in the industry moving forward.
The 2018 Farm Bill made it legal to make Delta 8 THC derived from a hemp plant, so this has caused some controversy about how to regulate this option and whether the states will recognize that bill and continue to let their residents have access to this type of legal THC product.
Buying Delta 8 THC Products
Delta 8 THC products are available for purchase in most states where medical or recreational cannabis is legal.
As more and more states legalize Delta 8 THC, it shouldn't be too difficult to find a store that carries these types of products. It's still recommended to read the label before making a purchase just in case there are certain ingredients present that could cause an allergic reaction.
The most important thing to remember is that Delta 8 THC products are completely legal in many states. Just reference our list above to determine where your state falls within the category of legal, illegal, or gray area legal.
Why is CBD Legal and Delta 8 THC Isn't Legal Everywhere?
Some states have laws that allow for both medical and recreational use of Delta 8 THC products, while others do not bother creating any laws since most products are hemp-derived and protected by the 2018 Farm Bill.
While some states have laws that only allow hemp plants to be used when it comes to growing cannabis, there's often still a grey area when it comes to Delta 8 THC. This is because not all states identify Delta 8 THC as a controlled substance.
Please note that this article was for informational purposes only and not intended as legal advice. There is still a lot of information out there and we may soon see certain states require more clarity when it comes to the legality of Delta 8 THC.