Delta 8 Legality by State

Delta 8 is perhaps the most controversial cannabinoid to enter the marketplace following the passage of the 2018 Farm Bill.  The controversy is probably due to the fact that d8 was the first psychoactive hemp-derived cannabinoid to become mainstream.  Legislators across the US have been quick to express their displeasure that an unintended loophole in the Farm Bill was allowing constituents to get high legally.  Some states have been quick to ban delta 8, while others seek to add regulation to a widely unchecked industry.  Keep reading for a full breakdown of delta 8 legality by state.  

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Delta 8 Legal States:

I’ll start on a high note.  Most of the states in the Union have given delta 8 the green light. Some have implemented restrictive policies, while others have taken a more “anything goes” approach.

1. Alabama

Alabama passed Senate Bill 225 in 2019 which affirmed the actions of the Farm Bill on a state level.  Though there have been several attempts by legislators to ban delta 8 since then, they have all been unsuccessful and delta 8 remains legal in Alabama today.  Currently, a bill has been approved by the House to limit the sale of delta 8 to persons 21 years of age or older.

2. Connecticut

Delta 8 legality is treated much the same way as marijuana in Connecticut.  Both delta 8 and delta 9 are legally only available from licensed dispensaries within the state.  

3.  Florida

Florida legalized delta 8 in 2019, under the condition that it comes from hemp.  This year, the state has imposed an age restriction (21+) on the products, along with regulations over the packaging.

4.  Georgia

Georgia legalized the sale of delta 8 as long as it comes from hemp.

5.  Illinois

Delta 8 is legal in Illinois.  The one caveat is that it can’t be sold at recreational or medical marijuana dispensaries.

6.  Indiana

Delta 8 is legal in Indiana as long as it comes from hemp and not cannabis.

7.  Kansas

Delta 8 is legal in Kansas, as the state follows the federal law.

8. Kentucky:

In Kentucky, you must be at least 21 to buy delta 8.  As of August 1 of this year, testing and labeling requirements have also been put into effect.

9. Louisiana 

Delta 8 remains legal in Louisiana despite efforts to regulate it.

10.  Maine

Maine has followed the lead of the federal law, and made delta 8 legal on a state level.

11. Maryland:

You must be at least 21 years old to purchase delta 8 in Maryland.

12.  Massachussetts

Delta 8 is legal in Massachusetts.

13. Michigan:

Delta 8 is legal in Michigan as long as it is sold by businesses who have obtained licenses from the Michigan Marijuana Regulatory Agency.

14. Minnesota:

Delta 8 legality in Minnesota is oddly specific.  The state permits edible and drinkable delta 8, but not smokable delta 8.

15.  Missouri

Delta 8 is currently legal in Missouri, but a bill proposes to regulate it the same way that cannabis is regulated.

16.  Nebraska

Delta 8 legality in Nebraska essentially follows the federal law.  The state has legalized hemp and its derivatives, and specifically removed hemp products from its list of controlled substances.

17. Nevada:

Nevada specifies that delta 8 is only available from licensed dispensaries.

18.  New Jersey

Delta 8 is currently legal, but there is a bill on the table that would ban hemp products containing more than .3% of the cannabinoid.

19.  New Mexico

New Mexico has legalized hemp and products derived from hemp.  It has also removed hemp from its list of controlled substances.  

20.  North Carolina

North Carolina legalized hemp products in 2022, which makes delta 8 legal.

21.  Ohio

Delta 8 may be bought and sold freely in Ohio as long as it is derived from hemp.  If the delta 8 comes from cannabis, you must be a medical marijuana patient in order to purchase it.

22.  Oklahoma

Delta 8 legality in Oklahoma matches the federal law.

23.  Pennsylvania

Delta 8 is legal in Pennsylvania as long as it comes from hemp.

24.  South Carolina

Delta 8 is legal because South Carolina follows the federal law.

25. South Dakota:

Delta 8 is legal to purchase as long as you’re over the age of 21.

26.  Tennessee

Delta 8 is legal to buy in Tennessee as long as you are at least 21 years old.

27. Texas

Delta 8 legality in Texas is an ever-changing issue.  The state tried to ban it in 2021, but a judge swiftly blocked the ruling.  For the time being at least, delta 8 is legal.

28.  Wisconsin

Wisconsin adheres to the federal law, which means that delta 8 is legal in Wisconsin.

29.  Wyoming

Delta 8 is legal in Wyoming.

States Where Delta 8 is Banned:

The following states have either outright banned delta 8, or imposed policies that are so restrictive that it is essentially banned.

1. Alaska

Delta 8 is a controlled substance.

2.  Arizona

While recreational marijuana is legal in Arizona, the state has banned delta 8 along with other THC isomers including delta 10 and HHC.

3.  Arkansas

Governor Sarah Huckabee Sanders signed a bill into law on April 11 of this year which outlaws the sale of delta 8 products.  The bill took effect on August 1.  Lawmakers, anticipating legal challenges, have included clauses that would regulate delta 8 sales if they were ordered to stop enforcing the ban.  As it stands, delta 8 is still illegal in Arkansas.  If that were to change, the sale of delta 8 products would be permitted by licensed retailers, and would be subject to other regulations as well.

4.  California

California has such intense regulations surrounding delta 8, that it might as well be banned.  Products derived from hemp must contain no more than .3% THC.  The state legally defines “THC” to include delta 8, delta 10, and other isomers.  Delta 8 that comes from cannabis instead of hemp, which is rare, is legal for adults 21 and older.

5.  Colorado

Currently, delta 8 is banned in Colorado.  At this time, there is a bill on the table which would change delta 8 legality by imposing regulations on its sale within the state.

6.  Delaware

Delaware considers delta 8 to be a controlled substance.

7.  Hawaii

In Hawaii, delta 8 legality, or more accurately illegality, is extremely specific.    Hawaii has explicitly banned the sale of all food and beverage containing hemp (Including CBD).  Additionally illegal to sell are “hemp flower material, hemp leaf, hemp cigarettes, etc. intended to be smoked or inhaled”, “cannabinoid-containing products intended to be aerosolized and inhaled (I.e. vape liquids containing cannabinoids)”.  Delta 8 derived from cannabis would also be illegal.  If you can find some way to enjoy delta 8 while following all those parameters, and even a couple more, then go for it, but I think for most it’s safe to say that delta 8 is a no-go in Hawaii.

8. Idaho

Idaho considers delta 8 and other isomers of THC to be Schedule I Controlled Substances.

9.  Iowa

Iowa considers delta 8 to be a controlled substance.

10. Mississippi

Mississippi permits the cultivation and production of hemp, but has declared “all isomers, synthetic substances, and THC derivatives” to be illegal, which would include delta 8.

11.  Montana

Montana considers THC and its isomers to be Schedule I Controlled Substances, which includes delta 8.

12.  New Hampshire

Delta 8 legality in New Hampshire has recently changed.  I was all set to put this state under the “legal” category, but upon further inspection have discovered that delta 8 is no longer legal in New Hampshire.  A new bill signed into law on August 9 of this year has explicitly banned the sale of products derived from hemp that contain .3% or more of any type of THC or THC isomer, which includes delta 8. 

13.  New York

While New York permits the sale of recreational marijuana, it prohibits the sale of delta 8.

14.  North Dakota

North Dakota considers any substance containing 3.% or more, of any type of THC including delta 8, to be controlled substances.

15. Oregon:

Oregon has banned delta 8 by declaring it an “artificially derived cannabinoid” and outlawing that class of products.

16.  Rhode Island

Delta 8 is a controlled substance.

17. Utah:

Delta 8 is a controlled substance in Utah.

18. Vermont:

Delta 8 is illegal in Vermont.

19. Virginia:

Virginia prohibited the sale of delta 8 products this year.

20.  Washington

Washington has made it illegal for marijuana license holders to make or sell delta 8 products.

21.  West Virginia

Delta 8 legality has changed in West Virginia this year.  The state now considers delta 8 to be a controlled substance.  Anyone selling psychoactive hemp products requires a state license, and may not sell products containing more than .3% of any kind of THC.  All of these restrictions mean that delta 8 is no longer legal in West Virginia.

The bottom line:

As you can see, legislators have very different opinions when it comes to delta 8. The laws are changing constantly, so definitely be sure to stay up to date with your local legislation. In just a few months, this whole list may look completely different! Regardless, it will be interesting to see what the future holds for delta 8 legality across the US.