Is Delta-8 Legal? Here’s Where You Can Buy Delta-8 Legally

Legal gavel hitting delta-8 hemp plant

It would be lovely if the laws surrounding delta-8, and the hemp plant in general, were clearer. Instead, we’re left sifting through complicated, conflicting, and uncertain language about whether this naturally occurring plant compound is legal or not in various states. 

Is delta-8 legal? Well, it’s complicated. Today, we’ll talk about the legality of delta-8. 

Is Delta-8 Legal Federally?

Yes. While hemp-derived products containing less than 0.3% delta-9 tetrahydrocannabinol are legal on a federal level, that isn’t the end-all-be-all response to hemp legalization. The 2018 Farm Bill (which we’ll discuss in a moment) was the catalyst for the legalization of hemp, but each state is still granted the opportunity to shape its own laws that might conflict with federal laws. 

Is Delta-8 Legal In All States?

Currently, delta-8 is not legal in all states. Our hearts go out to Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, New York, Rhode Island, Utah, and Vermont because delta-8 is currently banned in those states. Below, you’ll find a state-by-state guide to delta-8 legalization.

Congress building where the 2018 delta-8 hemp farm bill was signed

Why Is The 2018 Farm Bill Important For Hemp Legalization?

The 2018 Farm Bill matters to hemp legalization because it is the reason hemp products are legal on a federal level. The 2018 Farm Bill expanded on the 2014 Farm Bill. Some of the finer points of the 2018 Farm Bill were: 

  • Removing hemp from the Controlled Substances Act. 
  • Allowing the transfer of hemp-derived products across state lines. 
  • Allowing broader hemp cultivation. 

The bill wasn’t without restrictions. Hemp cannot contain more than 0.3% delta-9 tetrahydrocannabinol. It also gives shared power between state and federal over the cultivation, production, and selling of hemp-derived products. 

While hemp was legalized (with restrictions), we still have to pose the question: is delta-8 legal? Delta-8 is technically a type of tetrahydrocannabinol, but the law talks explicitly about delta-9, not delta-8. Let’s take a look at the delta-8 laws, state by state. 

Delta-8 Laws By State

Each state has its own unique laws regarding hemp, even though it is legal on a federal level. Let’s take a look at how the states break down their views on delta-8 tetrahydrocannabinol. Is delta-8 legal in your state? Let’s find out. 

States that have outright banned delta-8.

Alaska. Mildly surprising considering they’ve regulated the more intense delta-9. 

Arizona. Also surprising, considering Arizona is rather hemp-friendly, and recreational use of delta-9 is legal. 

Arkansas. Not surprising, as this is not generally a pro-hemp state. 

Colorado. You may be surprised by this one. The motivation is likely due to Colorado’s desire for established regulation of delta-8. Specifically, it states that “chemically modifying or converting any naturally occurring compounds from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product.”

Delaware. Not surprising, as recreational delta-9 use is also prohibited. 

Kentucky. Also, not surprising, considering medicinal and recreational use of delta-9 tetrahydrocannabinol are illegal. Hemp, however, is legal if within the federally compliant limit of less than 0.3% of delta-9. 

Idaho. Not surprising, as all tetrahydrocannabinol is banned besides hemp products under 0.3%. The bill continues, stating that “synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Hemp, and/or synthetic substances, derivatives, and their isomers with similar chemical structure…” Idaho isn’t a very hemp-friendly place. Next. 

Iowa. Iowa is another state that isn’t very friendly towards hemp. It doesn’t even have a medical program. So it’s not surprising that delta-9 is banned here. 

Mississippi. Recreational tetrahydrocannabinol is illegal in this state, as are all derivatives of them. Sorry, southerners. 

Montana. Banned. 

New York. Maybe surprising to some, but New York’s ban on delta-8 is one of the most comprehensive of the lot. You can read more about New York’s ban on delta-8 here

Rhode Island. Laws are changing rapidly, and as of June 22, 2021, Rhode Island has passed a bill on cannabis legalization. This could have positive implications for delta-8 coming soon. 

Utah. Utah is pretty strict on tetrahydrocannabinol laws, so this isn’t a shocker. 

Vermont. As of April 2021, Vermont called delta-8 a “synthetic” although it is naturally occurring in the hemp plant. Therefore it violates the state’s law on synthetic hemp.

Magnifying glass on the United States to signify legality

States that have introduced legislation with the intention of banning delta-8.

Alabama. Delta-8 is currently legal.

North Dakota. Delta-8 Is currently legal. 

Oregon. Delta-8 is currently legal. Oregon is known as the mecca for cultivation and extraction, so this was a little surprising. It’s believed that instead of an intent to ban delta-8, Oregon actually wants to create comprehensive regulation just as it does for adult-use hemp. If the latter is the case, it is the right path forward to set an example for other states to regulate delta-8 so compliant, safe, and premium products can hit the market. 

States that have voiced the likelihood of introducing legislation to ban delta-8.

Georgia. This state has a limited medical hemp program, but delta-8 is currently legal. Policies may change as members of Congress have shifted from one side of the aisle to the other in the latest election. 

Indiana. There is no medical hemp program in this state, yet delta-8 is currently legal. 

Kansas. Delta-8 is currently legal, although they banned “synthetic hemp” in 2010. Depending on how they classify delta-8, laws could change. 

Louisiana. A pretty stringent state when it comes to hemp laws, but delta-8 is currently legal. 

Missouri. Similar to Louisiana and Kansas, they have banned “synthetic hemp” Currently, delta-8 is legal. 

Nebraska. A very unfriendly state towards hemp but has allowed hemp-derived products. Delta-8 is currently legal. 

North Carolina. Delta-8 is currently legal in North Carolina, although they have strict laws and harsher punishments for those who don’t follow the rules. Times are changing, though, and NC may start to change its tune. 

South Carolina. This state also doesn’t provide access to medical hemp and can be unfriendly towards delta-9. Currently, delta-8 is legal in South Carolina

Tennessee. This state is pretty intolerant of hemp and will likely create laws surrounding the use of delta-8, which is a type of tetrahydrocannabinol. Currently, delta-8 is legal in Tennessee. 

Texas. Cannabis is illegal for recreational use in Texas. Historically, the state has been unfriendly toward the plant, but times are changing. Delta-8 is currently legal in Texas. 

Washington. As of April 2021, Washington has clarified the meaning behind its hemp laws surrounding delta-8. It’s uncertain whether delta-8 is technically banned here, but it appears that Washington is not pro-delta-8

Wisconsin. Hemp containing delta-9 is currently illegal in Wisconsin. They may also ban delta-8 in the future. Currently, delta-8 is legal in Wisconsin. 

Wyoming. Wyoming is unfriendly towards tetrahydrocannabinol, with delta-9 being illegal both medicinally and recreationally. It has legalized hemp-derived products with less than 0.3% delta-9. So it’s up in the air what will happen with delta-8. Currently, delta-8 is legal in Wyoming. 

States Providing A Framework To Sell Delta-8 Legally.

Florida. Florida is currently the only state that has enacted legislation that provides a framework for selling delta-8 legally (go, Florida!), along with all forms of hemp-derived products. You can read more about Florida’s policies on hemp products here.

Legal gavel on map of United States

States Without Delta-8 Legislation Or Any Intent Introduce It.

California. Delta-8 is legal in California. 

Connecticut. This state has legalized all derivatives, hemp, and isomers of hemp except for delta-9, mirroring federal law. 

Hawaii. Hawaii’s language is the same as Connecticut, aligning with the verbiage of federal laws. 

Illinois. Illinois also aligns with federal law, legalizing hemp and all hemp derivatives, making delta-8 legal in Illinois. 

Maine. Same, same. 

Maryland. Maryland views delta-8 as a hemp isomer and was quick to pass legislation to legalize hemp products after the passing of the 2018 Farm Bill. Therefore, delta-8 is legal in Maryland. 

Massachusetts. State laws specifically protect hemp-derived tetrahydrocannabinol, and delta-8 is legal here. 

Michigan. Delta-8 is currently legal and unregulated in Michigan, a pretty hemp-friendly state overall. 

Minnesota. This state, like many others within this category, aligns with the federal guidelines on hemp-derived cannabinoids. Therefore, delta-8 is legal in Minnesota. 

Nevada. Currently, delta-8 is legal in Nevada. 

New Hampshire. Hemp-derived delta-8 is legal in this state. 

New Jersey. New Jersey is another state that mirrors the federal laws regarding hemp and all of its derivatives. Delta-8 is legal in New Jersey. 

New Mexico. Another fan of adhering to federal law regarding hemp. New Mexico has legalized delta-8, hemp, and all of its derivatives other than delta-9, which is still illegal federally. 

Ohio. Again, samesies for Ohio. Delta-8 all the way, baby. 

Oklahoma. While Oklahoma is a bit less hemp-friendly, it aligns with federal law, allowing hemp-derived delta-8 to be sold in the state. 

Pennsylvania. Delta-8 is legal in Pennsylvania. 

South Dakota. It’s a little surprising that delta-8 is legal in a state with no industrial hemp or medical hemp programs. But we’re not complaining. Delta-8 is legal in South Dakota! 

Virginia. Virginia law also aligns with federal law. Delta-8 is legal in Virginia. 

West Virginia. West Virginia’s hemp laws are nearly identical to federal law, making delta-8 legal in this state, although not well regulated.

Legal Justice statue to symbolize delta-8 legality

Is Delta-8 Legal?

You’ve got the rundown on whether delta-8 is legal in your state. If you’re one of the lucky ones, you can purchase some Delta North Delta-8 Gummies here. Are delta-8 gummies legal? We suggest you do your research and keep up-to-date on the rapidly changing laws in your area. For now, enjoy your chill AF, smooth high with Delta North gummies.