Is Delta 8 THC Legal in Your State? Laws and Map (August 2022)

By | last updated September 15, 2022

Evidence Based 48

Delta-8 has grown incredibly popular, especially in states where adult-use marijuana is illegal. Many people are using delta-8 vapes, oils, edibles, and other products for both recreational and therapeutic effects.

But is delta-8 legal? It depends. For now, delta-8 THC is federally legal if it’s derived from hemp (cannabis with low delta-9 THC levels).

But some states are starting to ban or regulate this cannabinoid. Here’s an up-to-date look at the delta-8 laws of each state and an interactive legality map.

Delta 8 THC State Legality Map

We’ll be updating this post and map over time as delta-8 laws continue to change.

Delta 8 State Legality Overview

Delta-8 THC remains legal on the federal level although that could change if the Hemp Advancement Act is passed. Meanwhile, individual states have their own laws that fall into one of four categories:

  • Legal (although some product types like edibles may be banned)
  • Regulated (only available from licensed retail cannabis stores)
  • Unclear/legal gray area
  • Illegal

Delta-8 is currently legal in 30 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, Wyoming, and in Washington D.C.

In two other states, delta-8 is regulated the same way as recreational cannabis: Connecticut and Michigan.

Meanwhile, delta-8’s legality is unclear in 4 states: Arizona, California, Minnesota, and Mississippi.

Finally, delta-8 THC is illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

Check below for state-by-state delta-8 THC legality. Keep in mind that the laws are often confusing, contradictory, unequally enforced, and subject to change.

In these states, you should be able to buy delta-8 products without any issues, even if the laws are not always crystal clear. However, several states ban some types of delta-8 products, such as edibles or smokables.

Alabama

Delta-8 THC is legal in Alabama. An amendment for banning delta-8 and delta-10 products was removed from Alabama House Bill 2, which passed in April 2021. A similar amendment to the state’s medical marijuana bill was also removed.

Arkansas

Delta-8 THC is legal in Arkansas thanks to HB 1640, which replaced an older hemp bill.

Florida

For now, delta-8 THC is legal in Florida. But that could change if HB 679 passes. The proposed bill aims to create new regulations for hemp extract products and may even ban hemp-derived delta-8 THC entirely.

Georgia

Delta-8 THC made from hemp is legal in Georgia. House Bill 213, passed in 2019, made hemp and hemp-derived products legal in the state.

Hawaii

Delta-8 THC is legal in Hawaii, except for edible and inhalable products. That means delta 8 gummies, vapes, flower, and drinks are prohibitted.

Illinois

Delta-8 THC is legal in Illinois. The state is also working on legislation that will require all cannabinoid products, including delta-8, to be properly tested and labeled before being sold.

Indiana

Hemp-derived delta-8 is legal in Indiana, except for smokable products like sprayed delta-8 hemp flower. Senate Bill 209 was going to redefine hemp as containing no more than 0.3% of any type of THC but that provision was struck down in February 2022.

Kansas

Delta-8 THC is legal in Kansas, even though the state’s attorney general argues it’s not, resulting in police in some counties raiding delta-8 shops.

Kentucky

Delta-8 THC is legal in Kentucky thanks to a judge’s injunction filed on February 28, 2022. But if Senate Bill 170 proposed in February 2022 gets passed, intoxicating, hemp-derived products like delta-8 will become illegal.

Louisiana

Delta-8 is partially legal in Louisiana. According to HB 640, passed in August 2021, inhalable products (vapes and flower) are banned. Additionally, HB 758, passed in June 2022, limits consumable hemp products (gummies, tinctures, beverages) to 8 mg THC per serving and 1% total THC.

So even though consumable products are allowed, they can only contain small amounts of delta-8 THC.

Maine

Delta-8 THC and adult-use cannabis are legal in Maine. The state allows all hemp-derived products.

Maryland

Delta-8 THC is legal in Maryland, like all hemp-derived products.

Massachusetts

Delta-8 THC is legal in Massachusetts. The state also allows recreational cannabis use.

Missouri

Delta-8 is legal in Missouri. All hemp-derived products are legal in Missouri, which means delta-8 made from hemp is legal as well.

Nebraska

Delta-8 THC is legal in Nebraska. The state exempts hemp-derived products, including delta-8 THC, from its list of controlled substances.

New Hampshire

Delta-8 THC is legal in New Hampshire since it counts as a hemp-derived product.

New Jersey

Delta-8 THC is legal in New Jersey. The state legalized recreational marijuana in 2021 and hemp-derived products like delta 8 are also legal.

New Mexico

Delta-8 THC is legal in New Mexico. The state’s hemp laws are similar to federal ones and recreational marijuana was also legalized in 2021.

North Carolina

Delta-8 THC is legal in North Carolina. It counts as a hemp-derived product, which are legal in the state.

Ohio

Delta-8 is legal in Ohio. Although the state’s Medical Marijuana Control Program said that medical marijuana products containing delta-8 THC are subject to specific rules, this doesn’t apply to unregulated products.

Oklahoma

Delta-8 THC is legal in Oklahoma. The state explicitly excludes delta 8 and delta 10 from the definition of marijuana, which is illegal in Oklahoma.

Pennsylvania

Delta-8 THC is legal in Pennsylvania. The state allows all hemp-derived products as long as they contain no more than 0.3% delta-9 THC.

South Carolina

Delta-8 THC is legal in South Carolina. Although there have been reports of police raids on delta 8 vendors in the state, we haven’t heard of any new ones happening recently.

The state’s Attorney General also released a letter arguing that delta 8 is illegal but this statement is not legally binding. He left it up to individual law enforcement officers to decide if the state’s Hemp Act is being violated.

South Dakota

Delta 8 is legal in South Dakota. The state allows hemp and hemp-derived products like delta 8 THC.

Tennessee

Delta-8 is legal in Tennessee. The state tried to ban and later regulate delta-8 THC but the bill didn’t pass.

Texas

For now, Delta-8 THC is legal in Texas. Two separate bills aimed at banning delta-8 THC failed to pass in April and May of 2021: House Bills 3948 and 2593.

The Texas Department of State Health Services (DSHS) also tried to ban delta-8 THC but was challenged by local delta 8 brand Hometown Hero.

The courts granted a temporary injunction keeping delta 8 legal while the lawsuit is taking place, and the Texas Supreme Court denied the DSHS request to ban delta 8.

Virginia

Delta-8 THC is partially legal in Virginia. The Virginia Department of Agriculture and Consumer Services and the General Attorney’s Office announced in June 2022 that food and drink products containing delta-8 THC are in violation of the state’s Food and Drink Law. Other types of delta 8 products remain legal.

West Virginia

Like other hemp-derived products, delta-8 THC is legal in West Virginia. The state didn’t pass Senate Bill 666, which wanted to add delta 8 to the list of controlled substances.

Wisconsin

Delta-8 is legal in Wisconsin, just like all hemp-derived products.

Wyoming

Delta-8 is legal in Wyoming. All hemp-derived products containing less than 0.3% delta-9 THC are legal in the state.

Washington D.C

Delta-8 THC is legal in Washington D.C. Hemp-derived products are legal in the District of Columbia, as well as recreational marijuana.

States Where Delta-8 is Regulated

In these states, delta-8 THC is treated the same way as recreational cannabis. This means you can only buy it from licensed cannabis stores.

We expect more states to join this category in the coming months, potentially including some that banned delta-8 THC.

Connecticut

Delta-8 THC is regulated in Connecticut, so you can only buy it from licensed cannabis retailers. The state passed Bill 1201 on July 1, 2021, which legalized adult-use cannabis and added delta-8 to the definition of THC and marijuana.

Michigan

Delta-8 is regulated in Michigan in the same way as recreational cannabis. The state passed House Bill 4517 on July 17, 2021, which made it illegal to sell delta-8 and other THC isomer products outside of licensed marijuana retailers.

In these states, it’s not 100% clear whether delta 8 THC is legal, partially illegal, or completely illegal. Until state authorities release a clear statement, all we can do is use the available information to give our best guess.

California

Delta-8 THC is either illegal or regulated in California. The state passed Bill AB-45 in October 2021, which added delta-8 to the definition of THC and also made it illegal to sell hemp products with more than 0.3% of any kind of THC.

It’s not clear if this means that delta-8 is completely banned or if it will be regulated the same way as adult-use cannabis. Either way, it looks like most online delta 8 vendors will stop shipping to the state.

Minnesota

Delta-8 THC appears to be effectively illegal in Minnesota. That’s because the state passed a June 2022 bill that limits hemp-derived products to no more than 0.3% of any type of THC and hemp edibles to no more than 5 mg THC/serving and 50 mg in total. But it’s not clear if this law applies to out-of-state delta 8 vendors.

Mississippi

Delta-8 appears to be legal in Mississippi because hemp-derived products are exempt from the state’s controlled substances definition of tetrahydrocannabinol.

However, many delta 8 brands don’t ship to Mississippi and you’ll get contradicting answers depending on who you ask.

Arizona

Delta-8 THC is either illegal or regulated the same way as recreational cannabis in Arizona. It’s not clear. For now, it seems like you can buy it from some licensed cannabis dispensaries.

States Where Delta 8 is Illegal

The following states have legislation prohibiting delta-8 in one way or another. However, some people report being able to buy delta-8 products in these states, likely due to a lack of enforcement and clarity from the state government.

Alaska

Delta-8 THC is illegal in Alaska, even though the state allows recreational cannabis. That’s because all forms of THC are illegal. On top of that, hemp-derived products are still illegal in Alaska unless you have authorization from the state’s industrial hemp pilot program.

Colorado

Delta-8 THC is illegal in Colorado. The state clarified that converting any cannabinoids from hemp with a chemical process (which is how delta-8 is made from CBD) makes them non-compliant.

This news is surprising since Colorado was one of the first states to legalize recreational marijuana in 2012.

Delaware

Delta-8 is illegal in Delaware. The state’s Controlled Substances Act includes “Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers” as a schedule 1 controlled substance.

Idaho

Delta-8 is illegal in Idaho, along with all other forms of THC. Idaho’s cannabis laws are quite strict and it was the last state to legalize hemp on April 16, 2021.

Iowa

Delta-8 THC appears to be illegal in Iowa. Although non-inhalable, consumable hemp products were made legal in 2020, it’s not clear if this legislation allows for hemp-derived delta-8 THC.

Montana

Delta-8 is illegal in Montana because THC is a controlled substance.

Nevada

Delta-8 is illegal in Nevada. The state passed SB49 on June 4, 2021, which added delta-8 THC to the state’s definition of THC and redefined hemp to close the delta-8 loophole.

New York

Delta-8 THC is banned in New York. The state revised its regulations in May 2021, making it illegal to make hemp cannabinoid products created through isomerization (such as delta-8 and delta-10 THC). These regulations were confirmed by the New York Cannabis Control Board (CCB) in November 2021.

North Dakota

Delta-8 THC is illegal in North Dakota. The state’s bill 1045, signed in April 2021, changed the definition of THC to include delta-8 and other isomers, and also changed the definition of hemp and hemp-derived products to anything with no more than 0.3% THC (in any form).

Oregon

Delta-8 is illegal in Oregon. The state banned all “artificially derived cannabinoids”, including delta 8, delta 10, THC-O, and even CBN, on July 1, 2022.

Rhode Island

Delta-8 THC is illegal in Rhode Island. Although the laws are not 100% clear, the state prohibits ingestible products containing any form of THC.

Vermont

Delta-8 THC is illegal in Vermont. The state’s Agency of Agriculture, Food and Markets clarified on April 23, 2021, that “…Vermont producers cannot manufacture the delta-8-THC cannabinoid from hemp…In addition, delta-8-THC manufactured from hemp may be a controlled substance under federal and/or State law.”

Utah

Delta-8 is illegal in Utah because the state considers all isomers of tetrahydrocannabinol (THC) a controlled substance.

Washington

Delta 8 appears to be illegal in Washington. The state’s Liquor and Cannabis Board stated in September 2021 that marijuana license holders can’t make or sell delta 8 THC products in the state’s regulated market.

But this ruling doesn’t specify if it affects unlicensed online vendors selling and shipping delta 8 all over the country. So it’s possible that they might still be able to ship products to Washington.

What is Delta-8 THC?

Delta-8 is a form of tetrahydrocannabinol (THC). Most of us are only familiar with delta-9 THC, which is what most people refer to when they say THC. 

Delta-8 is an isomer of delta-9 THC, which means it has the same molecular formula as but the atoms are arranged differently. THC actually has four different isomers: delta-7, delta-8, delta-9, and delta-10. 

Research suggests that delta-8 is about 66% as potent as delta-9 and has similar effects (1). This means it can get you high and produce other typical effects of THC, such as sedation. 

Delta-8 THC also appears to have a lower chance of causing anxiety and other common side effects of delta-9 THC, which is another reason for its popularity.

delta 8 legality

Why Delta-8 is Controversial

Delta-8 THC is controversial because it offers a “legal high” in states where recreational cannabis is banned. It’s all because of a loophole in the 2018 Farm Bill that legalized hemp across the nation.

The bill limits hemp-derived products to no more than 0.3% of delta-9 THC but has no such limit for delta-8 THC. Cannabis and hemp plants naturally have low delta-8 THC levels, so legislators never bothered to mention it in the bill.

But you can also make large amounts of delta-8 from hemp-derived CBD through a fairly simple chemical process. By the bill’s definition, this delta-8 THC is considered legal.

Delta-8 THC has also generated debate about whether it counts as synthetic. The process used to create delta-8 from CBD is clearly not natural.

  • On one hand, you could argue that delta-8 THC is not synthetic because it’s made from CBD, a natural cannabinoid
  • On the other hand, you could argue that creating any new cannabinoid from another cannabinoid makes it synthetic

Some also argue that delta-8 THC is illegal because it violates the 1986 Federal Analogue Act, which bans substances that are “substantially similar” to controlled drugs.

Buying Delta-8 THC

Delta 8 products are sold by a growing number of brands across the country. Unfortunately, there are only a handful of trustworthy delta-8 brands because the market is unregulated and has attracted bad actors looking to make a quick buck.

If you’re 100% set on buying delta-8 THC products, make sure to look for a reputable brand. It should provide third-party test results for potency and contaminants from a reputable lab and be transparent about its business practices.

It’s best to choose established CBD companies that have already been operating for several years and have a solid reputation.

The Future of Delta-8 THC

The future remains uncertain for delta-8 THC.

A proposed congressional bill called the Hemp Advancement Act was recently filed. It seeks to redefine hemp’s 0.3% THC limit to include delta 8 and other THC isomers, which would essentially make hemp-derived delta 8 products illegal.

Meanwhile, individual state laws for delta-8 THC are constantly changing. The most likely outcome is that most states will choose to regulate delta-8 THC in a similar way to recreational marijuana. 

This means delta-8 products will only be available from licensed businesses and go through proper testing, labeling, and other regulations.

This is the best solution for consumers as it will raise the quality and safety of delta-8 THC products.

Sources

  1. https://legiscan.com/AL/bill/HB2/2021
  2. https://www.flsenate.gov/Session/Bill/2022/679
  3. https://www.billtrack50.com/BillDetail/1062771
  4. https://ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=147&GAID=16&SessionID=110&LegID=127978
  5. https://legiscan.com/LA/bill/HB640/2021
  6. https://whyy.org/articles/recreational-marijuana-is-legal-in-n-j-what-happens-now/
  7. https://kvia.com/news/new-mexico/2021/06/29/recreational-pot-now-legal-in-new-mexico/
  8. https://www.news5cleveland.com/news/local-news/ohio-attempts-to-regulate-delta-8-thc-in-medical-marijuana-products
  9. http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENR/SB/SB1033%20ENR.PDF
  10. https://www.wyff4.com/article/clinton-laurens-county-police-seize-delta-8-thc-from-vape-shop-owner-argues-its-legal/35917902#
  11. https://www.scag.gov/media/p5vdm3wi/02729616.pdf
  12. https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB3948
  13. https://legiscan.com/TX/bill/HB2593/2021
  14. https://www.dallasobserver.com/news/delta-8-still-legal-after-texas-supreme-court-decision-13011135
  15. https://www.virginiamercury.com/2021/07/01/marijuana-is-now-legal-in-virginia-advocates-are-already-pushing-for-changes-to-the-law/
  16. https://portal.ct.gov/DCP/News-Releases-from-the-Department-of-Consumer-Protection/2021-News-Releases/Selling-THC-Containing-Hemp-Products-Is-Now-Illegal
  17. http://www.legislature.mi.gov/(S(cqnlpru52530pyc4eqtiroc1))/mileg.aspx?page=GetObject&objectname=2021-HB-4517
  18. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB45
  19. https://www.whas11.com/article/news/investigations/focus/louisville-kentucky-delta-8-hemp-legal-battle-lawmakers-politicans-sb170/417-42e66a8e-9817-4e37-81b6-91e57e0fb06d
  20. https://i.redd.it/oz4ymuxtf7u61.jpg
  21. https://hempindustrydaily.com/kentucky-hemp-group-sues-over-delta-8-thc-ban-and-police-raids/
  22. http://plants.alaska.gov/hemp/pdf/resources/Industrial%20Hemp%20Letter%208-5-2020.pdf
  23. https://delcode.delaware.gov/title16/c047/sc02/index.html
  24. https://www.denvergov.org/files/assets/public/public-health-and-environment/documents/phi/dehs_mfdfd_industrialhemp_delta8_notice_cdphe_logo_051421.pdf
  25. https://legislature.idaho.gov/sessioninfo/2021/legislation/H0126/
  26. https://www.legis.iowa.gov/docs/code//204.pdf
  27. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/ExhibitDocument/OpenExhibitDocument?exhibitId=52958&fileDownloadName=0505SB49_.pdf
  28. https://regs.health.ny.gov/sites/default/files/proposed-regulations/Cannabinoid%20Hemp_0.pdf
  29. https://www.marijuanamoment.net/new-york-marijuana-regulators-approve-rules-for-hemp-flower-sales-delta-8-thc-and-more/
  30. https://www.legis.nd.gov/assembly/67-2021/documents/21-8006-02003m.pdf
  31. https://www.psh.com/delta8-thc-is-popular-but-is-it-legal
  32. https://agriculture.vermont.gov/hemp-program/manufacture-delta-8-thc-or-its-use-hemp-products-permitted-under-vermont-hemp-program
  33. https://agriculture.vermont.gov/hemp-program/manufacture-delta-8-thc-or-its-use-hemp-products-permitted-under-vermont-hemp-program
  34. https://le.utah.gov/xcode/Title58/Chapter37/58-37-S4.html
  35. https://content.govdelivery.com/accounts/WALCB/bulletins/2f0582c
  36. https://www.who.int/medicines/access/controlled-substances/IsomersTHC.pdf
  37. https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/
  38. https://www.reuters.com/legal/litigation/controlling-cannabis-classification-delta-8-thc-2021-09-22/
  39. https://legiscan.com/KY/bill/SB170/2022
  40. https://www.ibj.com/articles/indiana-house-committee-strikes-senates-attempted-delta-8-ban
  41. https://legiscan.com/WV/bill/SB666/2022
  42. https://www.congress.gov/bill/117th-congress/house-bill/6645/text?r=16&s=1
  43. https://www.marijuanamoment.net/hemp-could-have-more-thc-under-new-congressional-bill-that-aims-to-fix-regulatory-issues-for-expanding-industry/
  44. https://www.arkleg.state.ar.us/Bills/FTPDocument?path=%2FBills%2F2021R%2FPublic%2FHB1640.pdf
  45. https://www.cjonline.com/story/news/drugs/marijuana/2022/06/28/topeka-cannabis-store-sues-kansas-over-delta-8-state-officials/7759648001/
  46. https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=287736
  47. https://www.vdacs.virginia.gov/press-releases-220630-retail-sale-of-thc-infused-edibles.shtml?utm_source=newsletter&utm_medium=email&utm_campaign=newsletter_axioslocal_richmond&stream=top
  48. https://www.legis.la.gov/Legis/ViewDocument.aspx?d=1287041

23 thoughts on “Is Delta 8 THC Legal in Your State? Laws and Map (August 2022)”

  1. When a statement like this talks about K2 or Spice: ” This is a big deal because synthetic cannabinoids (such as “spice” and “K2”) were banned by the 2012 Synthetic Drug Abuse Prevention Act.” “Cannabinoids’ term should not be associated with “K2 or Spice, perhaps ‘bathsalts’ would be a better term.

    Reply
    • Hey James, delta 8 is not officially illegal in Kentucky. If it was, then you wouldn’t see many businesses in Kentucky selling it or shipping delta 8 products to the state. But it’s in a legal gray area which means clarification is needed. That’s why there’s a new bill being pushed in the Kentucky Senate to make it illegal. If that bill passes then yes, it will be illegal.

      Reply
  2. In Illinois it seems there are counties that will not allow the sale of Delta 8. Is there someone I can talk to about what counties/cities we are allowed to sell Delta 8 in legally?

    Reply
    • That’s not surprising, during my research I’ve come across several states where one or a few counties treat delta-8 as illegal and raid stores even though there isn’t a clear law making it illegal. I think you’d have to research the individual situation in each county by asking local delta 8 store owners and lawyers/attorneys.

      Reply
    • Thanks for the info! I know people are still able to get delta 8 products shipped to many illegal states like Utah. But I believe it’s still technically considered illegal

      Reply
      • I’m seeing companies refusing to ship to Illinois now all of a sudden any thoughts on why this is the case right now?

        Reply
    • It should still be legal. This news about the redefinition came out a while back and it only seems to affect the state’s medical program. Delta 8 products outside that program shouldn’t be affected.

      Reply
  3. I own hemp-based wellness boutiques in Utah and sell D8 products that have been meticulously scrutinized and approved by Utah’s Department of Agriculture, so it is a misnomer that it is illegal here. There are upcoming guidelines requiring that THC cannot be greater than 10% of total cannabinoids in a product. Here is a link to all the currently registered and approved products, including D8:

    https://docs.google.com/spreadsheets/d/16m4nvAIcm9nTI8fOPW6yrTsC830vjPiHpqiSyEtvvTc/edit#gid=1931377525

    Reply
    • Thank you for the comment, all of the available information I can find right now says that delta 8 is still considered illegal in the state. I will update the article once the guidelines are published.

      Reply

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