Where Delta 8 Is Legal

Delta 8 THC was the first hemp-derived psychoactive cannabinoid to enter the market a couple of years ago, and has by and large changed the hemp industry as we know it.  But, its fast-rising popularity managed to catch the attention of lawmakers across the country, which has led to a number of states banning not only delta 8, but all psychoactive hemp derivatives as a result.  Let’s look at where delta 8 is and isn’t legal across the United States.  

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Is Delta 8 THC Legal Under United States Federal Law?

Yes.  Delta 8 THC is a federally legal cannabinoid in any product 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 8 Laws According to Each State?

Like we said, a number of states have prohibited Delta 8 THC and all psychoactive hemp-derived cannabinoids since delta 8 first hit the market a couple of years ago.  The number of states that has banned these cannabinoids has, in fact, grown each year, so here is the most up-to-date list of delta 8 laws, state by state.

• Alabama: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  At the same time, both medical and recreational cannabis use are legal in the state.

• Arizona: Delta 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  However, Arizona does permit sales of both recreational and medical marijuana.

• Arkansas: Delta 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 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 8 THC is completely legal.  There are no 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 8 THC can be purchased as long as you’re of adult age.  And, marijuana is legal both for recreational and medicinal use.

• Colorado: Delta 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  Despite that, marijuana is legal, both recreationally and medicinally.

• Connecticut: Delta 8 THC is completely legal.  There are no 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 8 THC can be purchased as long as you’re of adult age.  And, the state permits sales of recreational and medical marijuana.

• Delaware: Delta 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  As for marijuana laws, only medical marijuana is permitted for qualifying patients as recreational use is banned.

• Kansas: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 THC can be purchased as long as you’re of adult age.  And, both recreational and medical marijuana are legal.

• Michigan: Delta 8 THC is completely legal.  There are no 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 8 THC can be purchased as long as you’re of adult age.  The state also legalized both recreational and medical marijuana.

• Minnesota: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  And, recreational use of marijuana was recently legalized, while the state has maintained a medical marijuana program.

• Nebraska: Delta 8 THC is completely legal.  There are no 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 8 THC can be purchased as long as you’re of adult age.  The state strictly bans any hemp products containing more than 0% delta 9 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  The state does permit sales of both recreational and medical marijuana.

• New Hampshire: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 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 8 THC is completely legal.  There are no 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 8 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 0.9% THC.

• North Dakota: Delta 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  While North Dakota allows for medical marijuana sales, recreational sales are completely illegal.

• Ohio: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  But, both medical and recreational marijuana sales are allowed.

• Pennsylvania: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  At the same time, recreational and medical marijuana are legal in the state.

• South Carolina: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 THC can be purchased as long as you’re of adult age.  At the same time, any hemp product containing more than 0% delta 9 THC is banned.  The state allows medical marijuana sales for qualifying patients, but does not permit recreational sales.

• Tennessee: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  Recreational marijuana is also illegal in the state, although qualifying patients may join the medical marijuana program.

• Vermont: Delta 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  But, recreational and medical marijuana have been legal for years in the state.

• Virginia: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is strictly illegal.  This means that it is illegal for businesses to sell delta 8 THC.  And, online businesses are banned from shipping delta 8 THC to your home.  However, the state allows sales of both medical and recreational marijuana.

• West Virginia: Delta 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC is completely legal.  There are no 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 8 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 8 THC complies with the Farm Bill, meaning that it’s federally legal, although clearly that doesn’t help you if you live in a state that has banned sales of the cannabinoid.  Keep in mind that state laws can change, and because of that, you should make sure to regularly check your state’s laws regarding hemp products to see whether or not delta THC is still legal where you live in the future.

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