Is Delta 8 Legal?

Users love delta 8 as an alternative to traditional delta 9 THC.  But, is delta 8 actually legal?  Where does this cannabinoid stand on a federal and state level?  Though it appears to be virtually everywhere, from gas stations, to countless online vendors, to head shops, delta 8’s legal status is something of a gray area.  Read on to have your questions about the legality of delta 8 answered.

In the meantime, if delta 8 is legal in your state, then check out our selection of lab tested delta 8 blunts and prerolls.

The 2018 Farm Bill

If you’re wondering why delta 8 and other cannabinoids seemed to explode onto the market out of nowhere, it’s thanks to the passing of the 2018 Farm Bill.  This bill legalized hemp on a federal level with the intent of increasing its production for things like clothing, rope, and food.  Legally, hemp is defined as cannabis containing less than .3% delta 9 THC by dry weight.  However, it wasn’t long before people realized they could use hemp to make a myriad of cannabinoids.  These cannabinoids, including delta 8, were technically legal on a federal level thanks to the passing of the bill.  This was especially appealing to people who lived in states without legal cannabis.

Backlash

Legislators were not thrilled that there were suddenly tons of legal ways to get high available in their states.  This was especially true in states without legal cannabis; these legislators didn’t support legal cannabis, so why would they support a loophole that amounted to generally the same thing?  Even states with legal cannabis were not fans of these “new” cannabinoids.  The following states have imposed bans on delta 8 since the passing of the farm bill:

• Alaska
• Colorado
• Delaware
• Idaho
• Montana
• New York
• North Dakota
• Oregon
• Rhode Island
• Vermont
• Washington

It’s complicated

So, you would assume that delta 8 is legal in every other state, right?  Not so fast.  Delta 8 legality is a complicated issue.  Certain states have imposed regulations, deeming delta 8 just about illegal due to the number of restrictions.  These states include:

• Hawaii
• Illinois
• Kansas
• Massachusetts
• Mississippi
• Pennsylvania
• South Carolina

It’s questionable whether or not delta 8 bans in these states are actually enforced.  Without being in these particular states, it’s challenging to say how they are each handling it.  Some have simply made restrictions so intense that it would be difficult to enjoy legal delta 8.  For example, Hawaii has implemented a ban on smokable hemp products, gummies, and beverages; however capsules, powders, and oils are permissible, yet subject to heavy restrictions.  

Cannabis only

Other states have determined that delta 8 is legal, but only if it comes from cannabis.  These states include:

• Arizona
• California
• Connecticut
• Maryland
• Michigan
• Nevada
• Utah

Restrictions apply

Certain states have embraced delta 8, but have implemented their own restrictions to regulate the market.  Some of these restrictions include age limits, product specifications, and testing requirements.  For example, Iowa does not permit smokable delta 8, but allows gummies and lotions.  The following states have legal delta 8 that is subject to restrictions:

• Iowa
• Kentucky
• Louisiana
• Minnesota
• New Hampshire
• Ohio
• South Dakota
• Tennessee
• Virginia

We recommend reading up on the specific restrictions in these states to ensure that you’re using delta 8 legally.

Legal

The remainder of the US states have either affirmed the federal law with their own legislation legalizing hemp, or have implemented no legislation at all, which means that delta 8 is subject to the federal law.  Therefore, delta 8 is legal in the following states:

• Alabama
• Arkansas
• Florida
• Georgia
• Indiana
• Maine
• Missouri
• Nebraska
• New Jersey
• New Mexico
• North Carolina
• Oklahoma
• Texas
• West Virginia
• Wisconsin
• Wyoming

The bottom line

So, is delta 8 legal?  Federally yes; on state levels, it varies.  While some states have affirmed the federal law, or not reacted to the hemp issue at all, others have implemented bans or restrictions.  These laws are constantly changing, so make sure you’re up to date before enjoying delta 8.  If you do live in a state with legal delta 8, DVNT has you covered to reliable, lab tested delta 8 blunts and prerolls.