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Is Delta 8 THC Legal in Your State? Full Breakdown

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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
Delta 8 THC

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’s 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. 

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’s 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. 

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. 

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. 

 

1. Penguin CBD Oil 

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. 

 

2. Everest Delta-8 Gummies 

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. 

 

3. Planet Delta Delta-8 Gummies 

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. 

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. 

 

 

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.