Is Delta-8 THC Legal in Rhode Island?

By | Updated on April 10, 2023

Evidence Based 6

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Although hemp-derived products are legal in Rhode Island, it looks like delta-8 is not allowed because it counts as THC, which is a controlled substance and illegal for human consumption. Keep reading to learn more about delta 8 legality in the Ocean State.


Delta-8 THC is illegal in Rhode Island. The state considers all forms of THC a controlled substance.

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Rhode Island Delta-8 THC Laws

Hemp products are legal in Rhode Island:

Hemp products” or “industrial hemp products” means all products made from the plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and seed certified for cultivation, which satisfy the requirements of this chapter.

Rhode Island H5151

Although delta-8 THC falls under this definition of a hemp product, it’s still illegal because THC is a controlled substance in Rhode Island:

Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers…

RI Uniform Controlled Substances Act

Additionally, a Rhode Island-based law firm advises that “Rhode Island law still prohibits products containing THC (including Delta-9 THC) for ingestion.”

Although the laws are not 100% clear, delta-8 appears to be illegal in Rhode Island the vast majority of online delta 8 vendors don’t ship to the state.

What is Delta-8 THC?

Delta-8 is a form of THC, the cannabis substance that causes a high sensation. Most of the THC in cannabis is present in the delta-9 form.

Delta 8 has similar effects to delta 9, including euphoria, sleepiness, and relaxation. But it’s significantly weaker and less likely to cause side effects (1). 

Cannabis plants produce very little delta 8 THC so it’s usually made through a chemical conversion from hemp-derived cannabidiol (CBD).

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill legalized hemp products nationwide. By the bill’s definition, a hemp product is a cannabis derivative with no more than 0.3% delta-9 THC.

Since there’s no limit on other forms of THC, this loophole makes hemp-derived delta-8 THC legal. As it happens, delta 8 is made by extracting pure CBD from hemp and chemically converting it into delta-8 THC.

States Where Delta-8 THC is Illegal

Each state can make its own laws and regulations for delta-8 THC.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Rhode Island

For now, delta 8 is illegal in Rhode Island.

But the state is getting closer to recreational cannabis legalization. If it happens, then we could see delta-8 THC being redefined and treated the same way as adult-use marijuana. 

In that case, delta-8 THC products would become available at licensed cannabis retailers. But this is only a guess, so we’ll have to wait and see.

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