Is Delta 8 Legal? Yes, hemp-derived cannabinoids, including Delta 8, are Federally Legal. Thanks to the 2018 Farm Bill, any cannabinoid derived from hemp—defined as cannabis containing less than 0.3% delta-9 THC, is legal as hemp has naturally low levels of delta-9 THC. That makes CBD and Delta 8 federally legal in all 50 states as long as it follows the requirements. However, even though it is federally legal, states can create regulations and requirements and even ban Delta 8 altogether. Delta 8 must be permitted on federal and state levels to be legal in your state, so it all depends on where you live.
As the legality of Delta 8 can vary from state to state and can be subject to change, it’s essential to stay informed of any updates to the laws and regulations in your area. I’ve created a map and a quick rundown of the current legality of Delta 8 in each state.
Where is Delta 8 Legal?
Last Updated on April 12, 2023
This map shows whether delta-8 THC is legal in your state. This page will be updated on a regular basis in order to provide you with the most up-to-date legal status in each state.
Hemp Delta-8 THC Legality By State
List of states that have fully legalized Delta 8: Alabama, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maine, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, West Virginia, Wisconsin, Wyoming.
List of states that have explicitly banned Delta 8, making it illegal: Alaska, Arizona, Colorado, Delaware, Idaho, Iowa, Montana, Nevada, New York, North Dakota, Oregon, Rhode Island, Utah, Vermont, and Washington.
List of states that don’t have an official ban but have strict regulations and requirements around Delta 8 (or sit in a legal grey area), making it difficult to sell and purchase there: Arkansas, California, Connecticut, Hawaii, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, South Carolina, South Dakota, and Virginia.
State By State Guide on The Legality of Delta 8
Delta 8 THC is legal according to Alabama state law and is not considered a prohibited controlled substance following the passage of Senate Bill 225, which legalized hemp and hemp-derived compounds, coinciding with the federal Farm Bill of 2018. In April 2021, Alabama lawmakers unsuccessfully tried to prohibit delta-8 THC and place it on the state’s controlled substances list with House Bill 2. For delta-8 to be legal, it must be sourced from hemp carrying no more than 0.3% delta-9 THC. You can freely purchase delta-8 products online and in retail stores in Alabama.
Under Alaska law, delta-8 THC is illegal and classifies as a Schedule IIIA controlled substance under state law, even though recreational cannabis is legal. You cannot use, possess, sell, distribute, market, or produce delta-8 products anywhere in the state. Additionally, Alaska regulates Hemp-derived CBD. All hemp-derived products must be licensed, rigorously tested, and carry below 0.3% THC. You cannot purchase delta-8 THC products online or through physical retail stores.
Delta-8 THC is illegal in Arizona. Under state law, you cannot legally use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products. You cannot legally buy delta-8 THC online or through retail stores in Arizona. Marijuana-derived and hemp-derived Delta 9 are both legal in Arizona. Hemp-derived CBD is permitted, provided it’s sourced from hemp plants carrying no more than 0.3% THC. See Senate Bill 1715.
Delta 8 THC is legal but regulated in Arkansas thanks to the passing of the HB 1640 bill. However, Arkansas classifies delta-8 as a Schedule IV controlled substance. However, the state’s health department has not explicitly banned or permitted the use, possession, sale, or production of delta-8 products, leaving it up to local law enforcement’s discretion to take action if required.
Delta-8 is legal but highly restricted in California. California prohibits hemp-derived delta-8 and handles it the same way as high-THC marijuana. The CDPH restricts and regulates all hemp products containing 0.3% THC, including delta-8, delta-9, delta-10, and other THC isomers. According to state law, hemp-derived delta-8 products carrying above 0.3% THC are regulated by state governing bodies. Medical marijuana and recreational cannabis are both legal, as is hemp-derived CBD. Recent legislation (Assembly Bill 45) establishes a robust framework for the California Department of Public Health to regulate certain hemp products. The bill explicitly redefines “THC” to include delta-8, delta-9, delta-10, and other THC isomers. It also includes cannabinoids the California Department of Health deems to cause intoxication. You cannot purchase hemp products carrying above 0.3% delta-8 from unlicensed physical stores or online vendors.
Delta 8 THC is illegal in Colorado under state law despite very relaxed medical and recreational marijuana laws. The state does not permit the use, possession, sale, distribution, or production of delta-8 products, according to a notice from the Colorado Department of Health & Environment (CDPHE). The notice states that converting cannabinoids from hemp using a chemical process is illegal in Colorado, which makes delta-8 THC unlawful in the state. As a result, Colorado considers delta-8 a controlled substance, as outlined in SB 14-184 and the Uniform Controlled Substances Act. You cannot legally purchase hemp delta-8 online or in physical retail stores in Colorado. However, marijuana-derived delta-8 remains legal.
In Connecticut, delta-8 THC is legal but highly regulated. Only a licensed cannabis retailer can sell Delta 8 legally. However, license applications are unavailable, making Delta-8 illegal as of July 2021. Connecticut has legalized recreational, medicinal marijuana, and hemp-derived Delta 9 THC. You cannot legally purchase hemp delta-8 online or in physical retail stores in Connecticut.
Delta-8 THC is illegal in Delaware. The state bans any product or compound containing marijuana or tetrahydrocannabinol (THC) under Schedule 1 of its Uniform Controlled Substances Act. Penalties for delta-8 possession range from fines to extended prison times, depending on quantity and intent. CBD and Medicinal Marijuana are legal in Delaware. View Delaware’s Hemp Program here.
As of now, delta-8 THC is legal in Florida. However, a proposed bill seeks to create new regulations for hemp extract products. The legislature bill may ban delta-8 THC entirely, even if hemp-derived. But at the moment, delta 8 THC is legal and unrestricted in Florida as long as it’s derived from hemp plants with less than 0.3% of Delta 9 THC. View full bill
Hemp-derived delta-8 is legal in Georgia. The use, possession, sale, distribution, and production of delta-8 products are legal under state law without fear of penalty or prosecution. In 2019, House Bill 213 passed and broadly legalized hemp and hemp-derived products in the state. Like the federal law, Georgia has legalized all derivatives, cannabinoids, and isomers of hemp, including all tetrahydrocannabinols other than Delta 9 THC. You can purchase delta-8 online or in CBD dispensaries, vape stores, and head shops across the state.
Delta-8 THC is legal with restrictions in Hawaii, except for edible and inhalable products. Gummies, vapes, flowers, and drinks infused with delta-8 THC are prohibited. Hawaii also bans other isomerized cannabinoids such as delta-10, HHC, and THC-O. Hemp-derived CBD is legal, but marijuana-derived CBD isn’t. Read bill HB2689.
Idaho is renowned for having the most rigid hemp laws in the country. Delta 8 THC is illegal in Idaho. No hemp-derived product can carry any percentage of THC or its isomers, as outlined under House Bill 126 and in the Idaho Uniform Controlled Substances Act. No online delta-8 brands currently ship delta-8 products into the state.
Hemp-derived delta-8 is legal in Illinois. The state permits the use, possession, sale, distribution, marketing, and production of delta-8 products. However, the Illinois Department of Agriculture recently released a hemp policy statement stating delta-8 production is illegal — this is arguably not legally binding. You can still purchase delta-8 online and through physical retail stores. View Bill here.
Like the federal law, Indiana has legalized all derivatives, cannabinoids, and isomers of hemp, including all tetrahydrocannabinols other than Delta 9 THC. Delta-8 THC derived from hemp is legal in Indiana, except for smokable products such as delta-8 hemp flower. You can buy delta-8 online or in CBD dispensaries, smoke shops, and vape stores across the state. View Senate Bill 516 here.
Delta 8 is likely illegal and highly regulated in Iowa. The Iowa Controlled Substances Act states all THC are Schedule I controlled substances. The Iowa Department of Agriculture & Land Stewardship also officially declares the possession and manufacture of delta-8 products as prohibited. According to House File 2581, all inhalable cannabis products (including delta-8) are illegal. Inhalable products include vape pens, flowers, and pre-rolls.
Delta 8 THC is legal in Kansas if it contains <0.3% THC. However, the state’s attorney general released a controversial opinion piece stating the use, possession, and sale of delta-8 products are “unlawful” unless it contains no more than 0.3% total THC. This combined THC percentage would essentially make all delta-8 products prohibited. Read Senate Bill 263. It’s worth pointing out that an attorney general’s opinion piece isn’t legally binding, and delta-8 remains somewhat accessible online and through physical retail stores.
Delta-8 is temporarily legal in Kentucky following a short but intense legal battle. The use, possession, sale, distribution, and production of hemp-derived delta-8 products are currently allowed under state law. In April 2021, the state’s health department published a letter that prohibited delta-8, causing subsequent police raids on delta-8 vendors. The Kentucky Hemp Association (KYHA) filed a lawsuit arguing that delta-8 is legal and that the police raids are unjustified. A state judge ruled in favor of the KYHA and issued a temporary injunction in February 2022.
Meanwhile, state lawmakers attempted to pass legislation banning delta-8 and other THC isomers. The legislation died in March 2022. Hemp-derived CBD is legal and available everywhere in Kentucky. Medical and recreational cannabis is illegal in Kentucky and punishable under state law. You can now legally purchase delta-8 products online and through physical retail stores within the state.
Delta-8 is legal with strict limitations in Louisiana following the recent passing of House Bill 758, provided it is sourced from hemp plants carrying no more than 0.3% THC. However, under House Bill 640, delta-8 inhalable products such as vapes and flowers remain illegal. Under this new law, unlicensed hemp vendors selling delta-8 must now become licensed by the state and submit each product for testing to ensure consumer safety. No product can contain more than 0.5 milligrams of delta-8 or any other THC isomer. Hemp-derived CBD is legal and available everywhere in the state. You can order delta-8 products online and through physical retail stores in Louisiana.
Delta 8 THC is legal in Maine. Hemp-derived delta-8 is not considered a state-controlled illegal substance and is perfectly legal under state law, which coincides with federal law after the passage of Legislative Document 1159. The use, possession, sale, distribution, purchase, and production of delta-8 products is allowed in the state without risk of penalty or punishment. Likewise, marijuana and marijuana-derived delta-8 are also legal in Maine under state law.
Delta-8 THC and all hemp-derived products are legal but regulated in Maryland following Senate Bill 778. According to the bill, this task force will “study and make recommendations on the classification and regulation of tetrahydrocannabinols, other than delta-9, that are artificially, synthetically, or naturally derived.”
Hemp-derived delta-8 is legal with restrictions. Bill H.4001, which coincides with the federal hemp laws, does not explicitly ban Delta 8. However, the Massachusetts government website claims delta-8 is a controlled substance, and the state will not allow the sale or production of synthetically made hemp-derived delta-8. These claims are not backed by legislation and are likely not legally binding. It’s unknown whether the use or possession of delta-8 is allowed. You can purchase Delta 8 THC in-person, from a brick-and-mortar dispensary, and online, from companies within and outside the state.
Delta 8 THC is legal with restrictions and highly regulated in Michigan. It’s illegal to sell, distribute, and manufacture delta-8 products unless you’re a state-licensed marijuana retailer following House Bill 4517. As of October 11, 2021, unlicensed delta-8 vendors (online or physical storefronts) cannot sell delta-8 products.
Hemp-derived delta-8 is legal with restrictions and regulations in Minnesota. The state recently passed legislation (House File 3595) limiting edible hemp products to 5 mg of THC per serving (50 mg per package). This bill has prevented the sale and distribution of most delta-8 products, prohibiting and banishing them from legal existence. All other hemp products can only contain up to 0.3% of any tetrahydrocannabinol, including delta-8, delta-9, delta-10, and HHC.
Mississippi is in a legal grey area. Hemp-derived delta-8 THC products are technically legal if their delta-9 THC content doesn’t exceed 0.3%. Mississippi exempts hemp-derived tetrahydrocannabinols from its list of Schedule I controlled substances. Another law, House Bill 1547, states that “tetrahydrocannabinols do not include hemp or hemp products regulated under Sections 1 through 11 of this act” and that all isomers, synthetic substances, and THC derivatives are illegal in Mississippi. These laws, however, don’t confirm it 100%, and many people across Mississippi are seeking clear answers. For now, you can legally buy delta-8 THC products in the Magnolia State until the state clarifies this.
Delta 8 THC is legal in Missouri and does not categorize D8 as a controlled substance following the passage of House Bill 2034, which legalized hemp and hemp-derived compounds. Like the federal law, Missouri has legalized all derivatives, cannabinoids, and isomers of hemp, including all tetrahydrocannabinols other than Delta 9 THC.
Delta-8 is a state-controlled substance and is illegal in Montana under state law. The legal status of delta-8 means the use, possession, sale, distribution, and production of delta-8 products are prohibited within state borders. However, recreational marijuana for adults aged 21+ is legal in Montana. View Bill here.
Delta 8 THC is legal in Nebraska and is not considered a controlled substance under state law following Legislative Bill 657. Although, state officials are currently reviewing its legality. Following pressure from the federal government and the DEA, the lawfulness of delta-8 in Nebraska hangs in the balance. You can purchase delta-8 products online and through physical retail stores throughout the state.
Delta 8 THC is illegal in Nevada and is considered a controlled substance under state law following Senate Bill 42. This legal status means you cannot use, possess, sell, purchase, distribute, produce, or manufacture delta-8 products without risk of penalty or prosecution. Nevada is cannabis-friendly and allows delta 9 THC use regardless of origin or concentration. However, Nevada banned Delta 8 THC. You can purchase Delta-8 in Nevada, but only from a licensed dispensary. Unfortunately, that means you cannot buy Delta-8 products online in Nevada.
Delta-8 is legal in New Hampshire and isn’t considered a prohibited controlled substance following the passage of House Bill 459, which broadly legalized hemp and hemp-derived compounds, including delta-8. The state’s Controlled Substances Act also doesn’t specifically list delta-8 as illegal.
Delta 8 THC is federally legal, unrestricted, and not classified as a controlled substance in New Jersey following the passage of Bill A5322. Like the federal law, New Jersey has legalized all derivatives, cannabinoids, and isomers of hemp, including all tetrahydrocannabinols other than Delta 9 THC. View NJ Hemp Program.
Delta-8 is legal in New Mexico and not categorized as a controlled substance under state law according to the New Mexico Hemp Manufacturing Act, which legalized hemp and hemp compounds, including delta-8. Therefore, the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 are legal without risk of penalty or prosecution. New Mexico also legalized recreational marijuana for adults aged 21+ following the New Mexico Cannabis Regulation Act, meaning marijuana-derived delta-8 is also legal under state law.
Delta 8 THC is illegal in New York. In May 2021, the state revised its regulations to make hemp cannabinoid products created through isomerization illegal, including delta-8 and delta-10 THC. While New York’s decision to ban delta-8 is strange, considering the state recently legalized recreational marijuana, it doesn’t come as a surprise. The state heavily regulates hemp-derived compounds, namely CBD. You cannot legally purchase delta-8 THC products online or in physical retail stores in New York.
Delta-8 is legal in North Carolina and is not considered a controlled substance under state law following the passage of Senate Bill 352. All hemp-derived cannabinoids, terpenes, flavonoids, isomers, and salts are legal under state and federal law. You can use, possess, sell, distribute, and produce delta-8 THC products without fear of penalty or prosecution. CBD and delta-10 THC are also legal in North Carolina. You can legally purchase delta-8 products online and through physical retail stores.
Delta-8 is illegal and is considered a controlled substance in North Dakota following the passage of North Dakota House Bill 1045. In April 2021, the state signed Bill 1045, which changed the definition of THC. It now includes delta-8 along with other isomers. Under state law, physical retail stores and online delta-8 vendors cannot sell or distribute delta-8 products in North Dakota.
Delta 8 THC is legal and isn’t classified as a controlled substance in Ohio as long as it contains less than the federal limit of 0.3% delta 9 THC and is derived exclusively from hemp following the Ohio Senate Bill 57, which legalized hemp and hemp compounds, including delta-8. You can purchase hemp-derived delta-8 products online and in retail stores.
Hemp-derived delta-8 is legal under Oklahoma state law and is not considered a controlled substance following the enactment of the Oklahoma Industrial Hemp Program. This act legalized hemp and hemp-derived compounds, including delta-8. Oklahoma Gov. Kevin Stitt later signed a bill excluding delta-8 from the definition of marijuana, allowing physical retail stores and online vendors to sell delta-8 products. However, recreational marijuana and marijuana-derived delta-8 are not legal.
Delta-8 THC is illegal and regulated in Oregon even though marijuana and hemp-derived Delta-9 are legal in Oregon. In July 2022, the state banned all artificially derived cannabinoids. These new laws define any chemically altered cannabinoids with intoxicating effects as a regulated product. You cannot sell or buy Delta 8 online in this state. View bill.
Delta-8 is legal and unrestricted in Pennsylvania if the hemp-derived product contains no more than 0.3% delta-9 THC. The state allows delta-8 and other hemp-derived cannabinoids following House Bill 967 in 2016. While hemp-derived delta-8 is legal in Pennsylvania, two state lawmakers are attempting to legislate against it soon. If the legislation passes successfully, the state will ban the use, possession, sale, distribution, and production of delta-8 in all forms. You can still legally purchase delta-8 products online and through physical retail stores.
Delta-8 is illegal in Rhode Island. The state prohibits ingestible products containing any form of THC under the state’s Uniform Controlled Substances Act. Although Delta 8 is illegal in Rhode Island, hemp-derived Delta 9 products are legal. Unfortunately, this regulation positions delta 8 THC as a Schedule I substance, implying that it has no medicinal potential and will be illegal to possess any amount of it.
Delta-8 THC is in a legal grey area in South Carolina. Because of the farm bill, D8 is technically legal here. Still, Attorney General Alan Wilson claims delta-8 products derived from hemp plants carrying the federal 0.3% THC limit aren’t permitted anywhere in the state. Wilson’s comment on the legality of delta-8 in South Carolina means the use, possession, sale, distribution, and production of delta-8 products are in a grey area but likely not officially prohibited. Recreational and medical cannabis is not legal in South Carolina. South Carolina also permits CBD and delta-10 THC. You can legally purchase delta-8 products online and through retail stores.
Delta 8 THC is legal but regulated in South Dakota. State lawmakers passed House Bill 1292 in March 2022, allowing adults 21+ legal access to delta-8 and other intoxicating hemp products, including delta-10, HHC, and THC-O. Marijuana and marijuana-derived compounds remain illegal.
Delta-8 THC is legal and not considered a controlled substance following Senate Bill 354 in Tennessee, which legalized hemp and hemp-derived compounds. A recently proposed bill, House Bill 1927, to ban and regulate delta-8 did not pass. You can freely purchase delta-8 products from online and physical stores operating in Tennessee.
Hemp-derived delta-8 THC with less than 0.3% THC is legal in Texas after a Travis County judge temporarily blocked the state from classifying it as a controlled substance. While two separate bills (House Bill 2593 & House Bill 3948) have failed to ban cannabinoids, ongoing legal battles exist. In August 2020, the DEA issued an interim final rule seeking to address the status of delta-8 THC, which it believes is a “synthetically derived” THC and must be scheduled under the Controlled Substances Act (CSA). However, The DEA’s rule doesn’t clearly define what it means by “synthetically derived,” opening it up to interpretation and confusion. Some believe the DEA is applying the dictionary meaning of “synthetic” here. Others suggest “synthetically derived” doesn’t apply here since neither hemp-derived CBD nor delta-8 is strictly an artificial chemical, and the isomerization of CBD to delta-8 doesn’t result in a synthetic compound. Actual synthetic cannabinoids (K2, Spice) are exclusively created in laboratories using only laboratory chemicals with zero natural cannabis plants used in the process. Delta-8 is legal for now, but the process of turning CBD into delta-8 THC is under fire and fraught with contradictions.
Hemp-derived delta-8 THC is illegal in Utah under state law. All isomers of THC are considered controlled substances. The use, possession, sale, distribution, purchase, and production of delta-8 products are prohibited under state law but are available to medical cannabis patients in licensed dispensaries. Possessing any amount of delta-8 can be punishable by up to 1 year in prison.
Delta-8 THC is illegal and is considered a Schedule I controlled substance in Vermont. Vermont Agency of Agriculture, Farms, and Markets (AAFM), which oversees and regulates the state’s hemp program, considers the possession, sale, and manufacture of synthetically-derived delta-8 products prohibited under state law and could be categorized as a controlled substance.
Delta-8 products are legal with restrictions in Virginia, except for food and drinks containing cannabinoids. Virginia restricts the sale, distribution, and manufacture of hemp-derived delta-8 edibles, such as beverages and foods, citing health and safety issues. Delta-8 vapes, oils, and other non-edible products are available online or through physical stores. Medical and recreational cannabis is also legal. Delta-8 THC products can only be sold and distributed in state-licensed medical cannabis dispensaries to users 21 and over.
Delta-8 THC is illegal, restricted, and is considered a controlled substance, provided the product is made from delta-8 synthetically converted CBD, as outlined in Policy Statement #PS21-01. However, medical and recreational marijuana is legal in Washington under state law. In September 2021, the Liquor and Cannabis Board determined that marijuana license holders can’t make or sell delta-8 THC products.
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. The use, possession, sale, distribution, and production of delta-8 products are permitted without risk of penalty or prosecution.
Delta-8 and all other hemp-derived products are legal in Wisconsin. The state does not classify it as a controlled substance, meaning the use, possession, sale, and purchase of delta-8 products are permitted without risk of penalty or prosecution. However, marijuana and marijuana-derived delta-8 are not legal under state law. You can purchase hemp-derived delta-8 products online and in retail stores.
Delta-8 is entirely legal in Wyoming. The state does not categorize hemp-derived delta-8 as a controlled substance following the passage of House Bill 0171, which legalized hemp and hemp-derived compounds, including delta-8. This bill ultimately means the use, possession, sale, distribution, purchase, and production of delta-8 products are legal under state law. However, marijuana and marijuana-derived delta-8 are not permitted within the state.
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