Is Delta-8 THC Legal in Vermont?

By | Updated on October 5, 2023

Evidence Based 5

We personally test CBD products and may earn a commission if you shop through the links on this page. Here’s how we make money.

Vermont is one of few states to make legislation that says delta 8 manufactured from hemp is prohibited. Keep reading for a detailed breakdown of delta 8 legality in the Green Mountain State.


Delta-8 THC is illegal in Vermont since 2021. The state specifically banned the production of delta-8 THC from hemp, which is how virtually all delta 8 products are made.

If you want to buy high-quality delta 8 THC products, I recommend Extract Labs. It’s a transparent brand that provides up-to-date potency and contaminant third-party lab test results, which are crucial for getting a safe and effective delta 8 product.

Vermont Delta-8 THC Laws

Hemp products are legal in Vermont.

Unfortunately, the state’s Agency of Agriculture, Food and Markets announced on April 23, 2021, that delta 8 made from hemp is illegal:

…while naturally occurring delta-8-THC is not barred from hemp or hemp products, Vermont producers cannot manufacture the delta-8-THC cannabinoid from hemp…

Manufacturing delta-8-THC from CBD has become a way to create a psychoactive substance under the guise of being derived from legally produced hemp, which by definition does not have high concentrations of psychoactive cannabinoids…

In addition, delta-8-THC manufactured from hemp may be a controlled substance under federal and/or State law.

Vermont Agency of Agriculture, Food and Markets

As the Agency explains, naturally-occurring delta 8 is allowed. But delta 8 that’s made artificially from hemp-derived CBD is considered synthetic.

According to Vermont’s Hemp Rules, synthetic cannabinoids cannot be used in any hemp product:

A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product.

Vermont Hemp Rules, May 21, 2021

What is Delta-8 THC?

Delta 8 is one of many forms of tetrahydrocannabinol (THC), the intoxicating component of marijuana. Delta 8 can get you high and cause other effects associated with cannabis.

But delta 8 is significantly weaker than delta 9, the most abundant form of THC in cannabis (1). Since natural delta 8 concentrations in cannabis plants are low, it’s usually made by chemically converting CBD.

Why Delta-8 THC is Federally Legal

Delta 8 is legal on the federal level thanks to a loophole in the 2018 Farm Bill. The bill legalized hemp products, limiting them to no more than 0.3% delta-9 THC.

Since this limit doesn’t extend to other types of THC, hemp-derived delta-8 THC is technically legal under the bill.

As it happens, manufacturers take pure CBD from hemp and convert it into delta-8 THC through a chemical isomerization process.

Other States Where Delta-8 THC is Illegal

Each state has the power to create its own laws 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 Vermont

Delta 8 THC is illegal in Vermont but that could change in the future. The state’s recreational marijuana market is slated to begin operations in 2022.

After that happens, the state may decide to regulate delta 8 THC and allow its sale in licensed adult-use dispensaries. But we’ll have to wait and see.

Leave a Comment