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Is Delta 8 THC Legal in Your State? Full Breakdown

Are you wondering if delta-8 is legal? It depends on where you live. As of now, delta-8 THC is legal only if it's derived from hemp, which has naturally low levels of delta-9 THC. Even though delta-8 is legal federally, there are many states that have begun regulating, if not outright banning, the cannabinoid.

Delta 8 THC
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In states where marijuana use is illegal, delta-8 has become quite popular. These days there are delta-8 oils, vapes, edibles, and other products that are infused with the cannabinoid that are used for therapeutic and recreational effects.

Delta-8 continues to grow in popularity due to the experience it provides. When used at an appropriate dosage, delta-8 offers a mellow high that similar to delta-9 THC. The biggest difference is that delta-8 doesn’t cause unwanted side effects like paranoia.

Are you wondering if delta-8 is legal? It depends on where you live. As of now, delta-8 THC is legal only if it's derived from hemp, which has naturally low levels of delta-9 THC. Even though delta-8 is legal federally, there are many states that have begun regulating, if not outright banning, the cannabinoid.

Here's a rundown for each of the states in regards to the legality of delta-8 THC.

Alabama

Delta-8 THC is legal in Alabama. In April 2021, an amendment that once banned delta-8 and delta-10 products was removed.

Alaska

Under Alaska law, delta-8 THC is illegal, even though recreational cannabis is legal. The state has banned all forms of THC. Hemp-derived products also remain illegal unless you're authorized under the industrial hemp pilot program.

Arizona

Delta-8 THC is illegal in Arizona. Under state law, you cannot legally use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products.

Arkansas

After the passing of HB 1640, delta-8 THC was legalized in Arkansas.

California

Delta-8 is legal but highly restricted in California. Hemp-derived delta-8 products that have more than 0.3% THC are regulated by the state.

Colorado

Converting any cannabinoids from hemp using a chemical process is illegal in Colorado. This makes delta-8 THC illegal in the state.

Connecticut

In Connecticut, delta-8 THC is legal but regulated. It can only be purchased from a licensed cannabis retailer.

Delaware

Delta-8 THC is illegal in Delaware. The state bans any product or compound that contains any amount of marijuana or tetrahydrocannabinols (THC).

Florida

As of now, delta-8 THC is legal in Florida. However, there is a proposed bill that seeks to create new regulations for hemp extract products. The bill may ban delta-8 THC entirely, even if it's sourced from hemp.

Georgia

Under House Bill 213, Delta-8 THC that's extracted from hemp is legal in Georgia. This bill was passed in 2019 and broadly legalized hemp and hemp-derived products in the state.

Hawaii

With the exception of edible and inhalable products, delta-8 THC is legal in Hawaii. This means that gummies, vapes, flowers, and drinks that are infused with delta-8 THC are prohibited.

Idaho

Delta-8, along with all forms of THC, are illegal in Idaho.

Illinois

Delta-8 THC is legal in the state. To help ensure product safety, Illinois is drafting legislation that requires all cannabinoid products to be properly tested and labeled before they hit the shelves.

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Indiana

Delta-8 THC derived from hemp is legal in Indiana, with the exception of smokable products such as delta-8 hemp flower.

Iowa

For now, delta-THC is illegal in Iowa. While consumable and non-inhalable products were legalized in 2020, it's unclear if the law allows for hemp-derived delta-8 THC.

Kansas

Delta-8 THC is legal in Kansas, though there has been some disagreement from the state's attorney general.

Kentucky

Currently, delta-8 THC is legal in Kentucky. However, if Senate Bill 170 is passed, all hemp-derived products will become illegal.

Louisiana

Certain delta-8 products are legal in Louisiana. Under HB 640, inhalable products like flowers and vapes are banned. HB 758 passed in 2022 limits legal consumable hemp products, such as tinctures and gummies, to 8mg THC per serving.

Maine

Delta-8 THC and all hemp-derived products are legal in Maine.

Maryland

Delta-8 THC, along with all hemp-derived products, are legal in Maryland.

Massachusetts

Delta-8 THC is legal in Massachusetts.

Michigan

Delta-8 is regulated the same way as recreational cannabis in Michigan. It's illegal to sell delta-8 unless you're a licensed marijuana retailer.

Minnesota

Delta-8 THC is likely illegal in Minnesota. In June 2022, the state passed a bill that limits hemp-derived products. They must contain no more than 0.3% of any type of THC. The bill also states that hemp edibles can contain no more than 5 mg THC/serving.

Mississippi

Delta-8 may be legal in Mississippi. Hemp-derived products are currently exempt from the state definition of THC. However, certain online retailers don’t ship to the state, which has caused some confusion.L

Missouri

Delta-8 THC and all other hemp-derived products are legal in Missouri.

Montana

In Montana, THC is considered a controlled substance, which means delta-8 is illegal.

Nebraska

Delta-8 is legal in Nebraska, as the state exempts hemp-derived products from its list of controlled substances.

Nevada

Delta-8 THC is illegal in Nevada. In June 2021, the state passed SB49, which added delta-8 THC to the state's list of banned compounds.

New Hampshire

Hemp-derived delta-8 THC is legal in New Hampshire.

New Jersey

Delta-8 THC is legal in New Jersey.

New Mexico

Delta-8 THC is legal in New Mexico.

New York

Delta-8 THC is banned in New York. In May 2021 the state revised its regulations to make hemp cannabinoid products created through isomerization illegal. This includes both delta-8 and delta-10 THC.

North Carolina

North Carolina has legalized delta-8 THC and other hemp-derived products.

North Dakota

Delta-8 is illegal in North Dakota. In April 2021, the state signed bill 1045, which changed the definition of THC. It now includes delta-8 along with other isomers.

Ohio

Delta-8 is legal in Ohio.

Oklahoma

Delta-8 THC is legal in Oklahoma. State law explicitly excludes delta-8 and delta-10 THC from the legal definition of marijuana.

Oregon

Delta-8 THC is illegal in Oregon. In July 2022, the state banned all artificially derived cannabinoids.

Pennsylvania

Delta-8 is legal in Pennsylvania, as long as the product is hemp-derived and contains no more than 0.3% delta-9 THC.

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Rhode Island

Delta-8 is illegal in Rhode Island. The state prohibits any ingestible products that contain any form of THC.

South Carolina

Delta-8 THC is legal in South Carolina.

South Dakota

Delta-8 THC is legal in South Dakota.

Tennessee

Delta-8 THC is legal in Tennessee. A recently proposed bill to ban and regulate delta-8 did not pass.

Texas

As of now, delta-8 is legal in Texas. While two separate bills have failed to ban the cannabinoid, there are ongoing legal battles.

Utah

In Utah, all isomers of THC are considered controlled substances. This means that delta-8 is illegal.

Vermont

Delta-8 THC is illegal in Vermont. In April 2021, the state confirmed that producers cannot manufacture delta-8 THC, even from hemp.

Virginia

Delta-8 products, with the exception of food and drinks that contain the cannabinoid, are legal.

Washington

Delta-8 THC is illegal in Washington. In September 2021, the Liquor and Cannabis Board determined that marijuana license holders can’t make or sell delta-8 THC products.

Washington D.C.

Delta-8 THC and recreational marijuana use are legal in Washington D.C.

West Virginia

Delta-8 THC is legal in West Virginia. Senate Bill 666, which aimed to add delta-8 to the state's list of controlled substances, did not pass.

Wisconsin

Delta-8, and all other hemp-derived products, are legal in Wisconsin.

Wyoming

Delta-8 THC is legal in Wyoming, as are all other hemp-derived products.

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10 best delta-8 products to try

If delta-8 THC is legal in your state and you’re looking for a quality product to try, you’ve come to the right place. We’ve ranked the top ten delta-8 products that are made using only the highest quality, safest, and purest ingredients.

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Lead a life as cool and calm as a penguin with Penguin CBD Oil. Each bottle is made using the best Oregon grown hemp and provides all of the therapeutic benefits from broad-spectrum extract. This CBD oil is available in four delicious flavors, including citrus, mint, strawberry, and cookies & cream. Penguin also offers a natural flavor.

Penguin CBD Oil contains ingredients you can trust, including hemp oil, MCT oil, terpenes, and natural flavor. Just place the recommended dose under your tongue and let stress, worries, anxiety, and pain float away.

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With Everest Delta-8 Gummies, you can experience relaxation at its finest. These vegan, non-GMO gummies are made using delta-8 that's extracted from naturally grown USA hemp. Each gummy provides 20mg of delta-8 THC, which will have you feeling stress-free in no time.

Everest Delta-8 Gummies are available in three delicious flavors: peach, blue raspberry, and watermelon. These gummies are lab tested for safety, purity, and potency.

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Escape to your own galaxy with Planet Delta Delta-8 Gummies. This exclusive line of vegan, non-GMO delta-8 gummies are made using the highest quality hemp that's grown in the USA. Each gummy contains 15-20mg of delta-8, which is sure to help you relax and unwind, even after the most stressful day.

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Each jar contains an assortment of flavors, to include fruit punch and strawberry. With Planet Delta Delta-8 Gummies, you can take off the edge and kick stress and anxiety to the curb.

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4. Exhale Delta-8 Premium Hemp Oil

Exhale Delta-8 Premium Hemp Oil is infused with the highest quality delta-8. Each bottle contains full-spectrum hemp extract. This organic and non-GMO oil is formulated to boost your mood while also easing pain, stress, and anxiety. Simply place the oil under your tongue and get on with the rest of your day!

Exhale Delta-8 Premium Hemp Oil is made using 100% all-natural ingredients. It doesn't contain any preservatives, additives, or artificial colors or flavorings. This delta-8 oil is also lab-tested for accuracy.

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5. NuLeaf Naturals Delta-8 THC Full Spectrum Oil

NuLeaf Naturals Delta-8 THC Full Spectrum Oil is made using whole-plant extract that contains all of the naturally occurring cannabinoids, fatty acids, and terpenes. With a 15mg/mL potency, this oil is sure to give you the experience that you've been looking for.

When used as directed, NuLeaf Naturals Delta-8 THC Full Spectrum Oil may help to reduce pain and anxiety while also improving your sleep quality and quantity. This delta-8 product is also great for lifting and balancing your mood. For best results, begin with 20 drops a day and increase as needed.

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6. Otter Space Delta-8 Gummies

Find your own personal utopia with Otter Space Delta-8 Gummies. These gummies are available in a delectable watermelon flavor that you're sure to love. Just one gummy will guide you through a serene adventure that relaxes your mind and body.

Otter Space Delta-8 Gummies provides 25mg of delta-8 THC each. They're gluten-free, non-GMO, and vegan, making them ideal for all lifestyles. These gummies don't contain any additives and instead are made with natural flavors and colors.

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7. Delta Munchies Delta-8 Tincture

Experience euphoria you can taste with Delta Munchies Delta-8 Tincture. These 1000mg tinctures are infused with delta-8 THC that's sourced from hemp plants. Whether you're looking for a mood boost or want to relax after a long day, this product will give you the experience you seek.

Delta Munchies Delta-8 Tincture is available in four fruit flavors, including mango, sour apple, cherry lime, and strawberry. Simply place the oil under your tongue and wait for the magic to happen!

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8. Summit Delta-8 Gummies

When it comes to taste, purity, and effects, you can't go wrong with Summit Delta-8 Gummies. These vegan gummies provide 25mg of delta-8 THC each and are formulated to enhance your mood while delivering an amazing vibe. Just 1/2 of a gummy will make you feel relaxed and at ease, with effects lasting up to six hours.

Summit Delta-8 Gummies are available in four yummy fruit flavors, including mango, blue raspberry, strawberry, and watermelon. They're made with only the highest quality ingredients and don't contain any artificial colors, dyes, or flavors.

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9. Koi Delta-8 THC Gummies

Enjoy the uplifting, mood-boosting benefits of delta-8 with Koi Delta-8 THC Gummies. These gummies provide 25mg of delta-8 per chew, which work to put you in a laid-back, chill mood that you can enjoy any day of the week. These gummies are available in seven delicious fruit flavors, including blue razz, mango, strawberry, watermelon, lime, grape, and sour cherry.

Koi Delta-8 THC Gummies are carefully crafted to ensure consistency in each bottle. Gummies are available in varying strengths, depending on your needs. These gummies are third-party tested for compliance and purity.

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10. Moonwlkr Delta-8 Gummies

Chew your way to relaxation and an amazing experience with Moonwlkr Delta-8 Gummies. The brand offers a full line of CBD gummies that are available in 25mg and 12.5mg doses. Delta-8 is sourced from 100% legal hemp that's grown in the USA. These gummies are available in a wide range of flavors, including black raspberry, blue dream, cucumber lime, pineapple express, mango kush, and sour strawberry.

Moonwlkr Delta-8 Gummies are tested for safety, purity, and potency which means that you can buy and use these delicious chews with total confidence.

Final thoughts

If delta-8 THC is legal in your state, we highly recommend the ten products above. Whether you’re looking for a delta-8 tincture or want to chew your way to relaxation with gummies, you can’t go wrong with these top of the line products.

The above is a sponsored post, the views expressed are those of the sponsor/author and do not represent the stand and views of Outlook Editorial.

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