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.
Table of Contents
- Delta 8 THC State Legality Map
- Delta 8 State Legality Overview
- States Where Delta 8 is Legal
- States Where Delta-8 is Regulated
- States Where Delta-8 is In a Legal Gray Area
- States Where Delta 8 is Illegal
- What is Delta-8 THC?
- Why Delta-8 is Controversial: The Loophole
- Buying Delta-8 THC
- The Future of Delta-8 THC
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
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.
States Where Delta 8 is Legal
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.
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.
For now, delta-8 THC is legal in Florida. Although the state was working on a bill that might change that, it died in the House.
Delta-8 THC is legal in Hawaii, except for edible and inhalable products. That means delta 8 gummies, vapes, flower, and drinks are prohibitted.
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.
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.
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.
Delta-8 THC and adult-use cannabis are legal in Maine. The state allows all hemp-derived products.
Delta-8 THC is legal in Maryland, like all hemp-derived products.
Delta-8 THC is legal in Massachusetts. The state also allows recreational cannabis use.
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.
Delta-8 THC is legal in Nebraska. The state exempts hemp-derived products, including delta-8 THC, from its list of controlled substances.
Delta-8 THC is legal in New Hampshire since it counts as a hemp-derived product.
Delta-8 THC is legal in North Carolina. It counts as a hemp-derived product, which are legal in the state.
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.
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.
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.
Delta 8 is legal in South Dakota. The state allows hemp and hemp-derived products like delta 8 THC.
Delta-8 is legal in Tennessee. The state tried to ban and later regulate delta-8 THC but the bill didn’t pass.
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.
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.
Delta-8 is legal in Wisconsin, just like all hemp-derived products.
Delta-8 is legal in Wyoming. All hemp-derived products containing less than 0.3% delta-9 THC are legal in the state.
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.
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.
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.
States Where Delta-8 is In a Legal Gray Area
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.
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.
But despite this, we’ve heard reports that you can still easily buy delta-8 products in local smoke shops, so it doesn’t look like the bill is being enforced.
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.
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.
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.
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.
This news is surprising since Colorado was one of the first states to legalize recreational marijuana in 2012.
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.
Delta-8 is illegal in Montana because THC is a controlled substance.
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.
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).
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.”
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. So it’s possible that they might still be able to ship products to Washington. Also, recent news suggests that delta-8 may enter Washington’s regulated market in 2023.
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.
Why Delta-8 is Controversial: The Loophole
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.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.