Delta 10 Legality & Legal Status: Updated 2026

Delta 10 THC has been on the market for a while, being one of the first psychoactive cannabinoids to hit the hemp industry.  It remains an extremely popular choice to this day, but its popularity has not been enjoyed by all due to some states banning the cannabinoid.  So, where is delta 10 legal, and where is it banned?

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Is Delta 10 THC Legal Under United States Federal Law?

Delta 10 THC is a federally legal cannabinoid in any milligram strength, product form or purchase amount, as a direct result of the Farm Bill that passed in 2018, to legalize all hemp derivatives as long as they contain a maximum of 0.3% delta 9 THC.  

What are the Delta 10 Laws According to Each State?

A number of states have banned sales of Delta 10 THC, along with all psychoactive hemp-derived cannabinoids, since delta 8, the first hemp-derived psychoactive, first hit the market a couple of years ago.  Let’s take a look at each state’s laws regarding delta 10 THC, and THC in general, to give you an idea of what you’re permitted to buy based on where you live.

• Alabama: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  In Alabama, medical marijuana is also legal for qualifying patients, and possession of small amounts of marijuana has been decriminalized.

• Alaska: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  At the same time, both medical and recreational cannabis use are legal in the state.

• Arizona: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  However, Arizona does permit sales of both recreational and medical marijuana.

• Arkansas: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  Recreational marijuana is also prohibited in the state, although the state does offer a medical marijuana program to qualifying patients.

• California: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  And, marijuana is legal both for recreational and medicinal use.

• Colorado: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  Despite that, marijuana is legal, both recreationally and medicinally.

• Connecticut: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  And, the state permits sales of recreational and medical marijuana.

• Delaware: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  Recreational marijuana is also illegal, although the state decriminalized small amounts of possession, and does maintain a medical marijuana program for qualifying patients.

• Florida: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state also maintains legal medical marijuana for qualifying patients, but recreational use is strictly banned.

• Georgia: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Recreational marijuana is still prohibited in the state, although qualifying patients can purchase medical marijuana.

• Hawaii: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  The state recently decriminalized small possession amounts of marijuana, and maintains a medical marijuana program, although recreational marijuana is prohibited.

• Idaho: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  The state also prohibits any hemp product that contains more than 0% THC, and both recreational and medical use are banned.

• Illinois: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both recreational and medicinal use.

• Indiana: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state’s cannabis laws are otherwise strict, with both recreational and medical marijuana banned.

• Iowa: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  As for marijuana laws, only medical marijuana is permitted for qualifying patients as recreational use is banned.

• Kansas: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Otherwise, Kansas prohibits any hemp products containing more than 0% THC, and both recreational and medical marijuana use are banned.

• Kentucky: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Recreational marijuana remains illegal, and medical marijuana only became legalized in February of 2022, with no legal framework existing yet, meaning that medical patients cannot yet make marijuana purchases.

• Louisiana: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Medical marijuana is legal for qualifying patients, and recreational use remains illegal.

• Maine: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state also permits sales of both medical and recreational marijuana.

• Maryland: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  When it comes to marijuana, medical patients can make purchases, but not recreational users. 

• Massachusetts: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  And, both recreational and medical marijuana are legal.

• Michigan: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state also legalized both recreational and medical marijuana.

• Minnesota: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  As for marijuana laws, medicinal use is permitted, but recreational is not. 

• Mississippi: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  Mississippi permits medical marijuana sales, but has very strict requirements for qualification, while recreational use is very much illegal.

• Missouri: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  When it comes to marijuana, only medical use is permitted for qualifying patients.

• Montana: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  And, recreational use of marijuana was recently legalized, while the state has maintained a medical marijuana program.

• Nebraska: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state strictly bans any hemp products containing more than 0% delta 10 THC, however.  And, only in July of 2022 did the state finally approve a medical marijuana program, while recreational marijuana use is still illegal.

• Nevada: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  The state does permit sales of both recreational and medical marijuana.

• New Hampshire: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Recreational marijuana use remains illegal in the state, but medical use for qualifying patients is permitted, and small possession amounts have been decriminalized.

• New Jersey: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state has legalized both recreational and medical marijuana use.

• New Mexico: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Meanwhile, both recreational and medical marijuana are permitted in the state.

• New York: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  However, New York has recently legalized recreational marijuana, and does maintain a medical marijuana program for qualifying residents.

• North Carolina: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Recreational marijuana, meanwhile, is illegal in the state, and for now, qualifying medical patients cannot purchase marijuana products containing more than 0.10% THC.

• North Dakota: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  While North Dakota allows for medical marijuana sales, recreational sales are completely illegal.

• Ohio: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  As for marijuana, medical sales for qualifying patients are permitted, and small possession amounts have been decriminalized, although recreational use remains prohibited.

• Oklahoma: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state permits medical marijuana sales to qualifying patients, but recreational marijuana is still illegal.

• Oregon: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  But, both medical and recreational marijuana sales are allowed.

• Pennsylvania: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits recreational marijuana sales, but does maintain a medical marijuana program.

• Rhode Island: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  At the same time, recreational and medical marijuana are legal in the state.

• South Carolina: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state also prohibits marijuana sales, both for recreational and medicinal use.

• South Dakota: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  At the same time, any hemp product containing more than 0% delta 10 THC is banned.  The state allows medical marijuana sales for qualifying patients, but does not permit recreational sales.

• Tennessee: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state is very strictly anti-marijuana, however, with neither medical nor recreational sales allowed.

• Texas: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state prohibits recreational marijuana, and qualifying medical marijuana patients can only buy products containing a maximum of 0.5% THC.

• Utah: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  Recreational marijuana is also illegal in the state, although qualifying patients may join the medical marijuana program.

• Vermont: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  But, recreational and medical marijuana have been legal for years in the state.

• Virginia: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state also permits sales of marijuana for both medicinal and recreational use.

• Washington: Delta 10 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 10 THC.  And, online businesses are banned from shipping delta 10 THC to your home.  However, the state allows sales of both medical and recreational marijuana.

• West Virginia: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  Meanwhile, medical marijuana is also legal for qualifying patients, although recreational use remains banned.

• Wisconsin: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state does not, however, allow for sales of marijuana, either for recreational or medical use, although low-THC cannabis oils are permitted for qualified patients who have epilepsy.

• Wyoming: Delta 10 THC is legal.  There aren’t any restrictions when it comes to what types of products may be sold.  Nor are there restrictions when it comes to the amount that can be purchased or possessed.  Delta 10 THC can be purchased as long as you’re of adult age.  The state, meanwhile, prohibits marijuana, both for recreational and medicinal use.

The Bottom Line 

Delta 10 THC is a legal hemp derivative under federal law, as it clearly complies with the Farm Bill.  However, a total of 18 states have taken matters into their own hands, banning not only delta 10, but all hemp-derived intoxicating compounds.  Because these laws can still change at any time, it’s in your best interest to refer to you state from time to time to make sure that delta 10 continues to be legal where you live.

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