Delta 8 THC sure has taken the
hemp world by storm in the last couple of years. This mildly psychoactive, bliss-inducing
cannabinoid offers a soothing high that hemp lovers just can’t get enough of.
But, there’s
one problem. Delta 8 THC isn’t actually
legal everywhere throughout the country.
Unsurprisingly, the cannabinoid’s psychoactive nature hasn’t thrilled
legislators across the board. Obviously,
it’s very important that all hemp enthusiasts abide by state laws at all times,
and that’s why we’ve attempted to make it easier to understand the laws where
you live.
Is Delta 8 THC Federally Legal?
Delta 8 THC is,
in fact, federally legal, thanks to the Farm
Bill that was passed in 2018. This law declares that all hemp products are
legal under federal law as long as they contain a maximum of 0.3% delta 9 THC.
Is Delta 8 THC Legal in All 50 States?
While delta 8
THC is considered legal under federal law, that doesn’t mean that all 50 states
agree. States can choose to come up with
their own hemp-related laws that override those of the federal government, and
several states have enacted bans on delta 8 following its quick rise in
popularity.
Alabama: Delta-8
THC remains legal in Alabama. The state
also legalized medical marijuana in 2021, but recreational marijuana remains
banned.
Alaska: Although
Alaska is a state that has legalized recreational marijuana, delta-8 THC is a
banned substance throughout the state.
Arizona: Arizona
has banned delta-8 THC, even though they permit recreational marijuana use.
Arkansas: Delta-8
is illegal in Arkansas, a state which has maintained a medical marijuana
program since 2016.
California: Delta-8
THC is legal in California. The state
also permits the sale and use of recreational marijuana.
Colorado: While
Colorado was famously one of the first states to legalize recreational
marijuana, delta-8 is a banned cannabinoid.
Connecticut: Delta-8
THC is a legal cannabinoid in Connecticut.
The state also recently legalized recreational marijuana.
Delaware: Delaware
recently became another state to ban delta-8 THC, and thus, has maintained a
medical marijuana program since 2011.
Florida: Delta-8
THC is legal in Florida, another state that has a successful medical marijuana
program.
Georgia: Delta-8
THC is a legal cannabinoid in Georgia, and the state also legalized medical
marijuana several years ago.
Hawaii: As
of recently, delta-8 THC has been illegal in Hawaii. The state has a medical marijuana program,
and has decriminalized possession of small amounts of cannabis.
Idaho: Delta-8
is illegal in Idaho, and the state has some of the strictest cannabis laws, not
even permitting medical marijuana use.
Illinois: Illinois
is a state that’s lenient with cannabis overall, with recreational cannabis use
being fully legal. The state recognizes
delta-8 THC as legal.
Indiana: While
Indiana has strict cannabis laws, not even having a medical marijuana program,
delta-8 THC is a legal cannabinoid.
Iowa: Iowa,
a state with a medical marijuana program, has banned delta-8 THC.
Kansas: Delta-8
THC is a legal cannabinoid in Kansas.
Kansas is in the process of trying to pass a bill that would allow for a
medical marijuana program.
Kentucky: Delta-8
THC has been banned in Kentucky, while the state has been trying to legalize
both recreational and medical marijuana these past few months.
Louisiana: Delta-8
is a legal cannabinoid under Louisiana law.
The state also manages a medical marijuana program.
Maine: Maine
permits the use of delta-8 THC, with liberal laws that have also led to the
legalization of recreational marijuana.
Maryland: Maryland
has maintained that delta-8 THC is legal, and the state has managed a medical
marijuana program for several years.
Massachusetts: Delta-8
THC is fully legal in Massachusetts, and the state also allows cannabis to be
used recreationally.
Michigan: Michigan
allows for delta-8 THC, and so, has recently legalized recreational marijuana.
Minnesota: Delta-8
THC is legal in Minnesota. The state has
a medical marijuana program, and has decriminalized possession of small amounts
of cannabis.
Mississippi: Mississippi’s
cannabis laws are very strict, banning delta-8 THC and not having a medical marijuana
program.
Missouri: Delta-8
THC is legal in Missouri, even though the state’s cannabis laws only permit
medical marijuana use.
Montana: Delta-8
THC is illegal in Montana. Meanwhile,
the state has a successful medical marijuana program.
Nebraska: Delta-8
THC is legal in Nebraska, although the state does not even have a medical
marijuana program, despite decriminalizing possession of small amounts of
cannabis.
Nevada: Delta-8
THC is illegal in Nevada, even though the state permits recreational cannabis
use.
New Hampshire: Delta-8
THC is a legal cannabinoid in New Hampshire, another state with a successful
medical marijuana program.
New Jersey: Delta-8
THC remains legal in New Jersey, where recreational marijuana legalization laws
went into effect last year.
New Mexico: Delta-8
THC is legal in New Mexico, as is recreational cannabis use.
New York: Despite
legalizing recreational cannabis, New York considers delta-8 to be illegal.
North Carolina: North
Carolina has become more lenient lately, decriminalizing small amounts of
cannabis possession. The state permits
delta-8 THC.
North Dakota: Delta-8
is strictly banned in North Dakota, a state that does allow for medical
marijuana use.
Ohio: Ohio,
a state that recognizes legal medical marijuana, maintains that delta-8 is
legal.
Oklahoma: Delta-8
is legal throughout Oklahoma, a state with a booming medical marijuana
industry.
Oregon: Oregon,
a fully cannabis-friendly state, allows delta-8 THC to be sold legally.
Pennsylvania: Delta-8
THC is legal in Pennsylvania, a state that only allows for medical marijuana
use.
Rhode Island: Delta-8
is strictly illegal in Rhode Island, another state to operate a medical
marijuana program.
South Carolina: Delta-8
is fully legal in South Carolina, where medical marijuana is also legal.
South Dakota: Delta-8
THC is legal in South Dakota, as is recreational cannabis.
Tennessee: Although
Tennessee has completely banned marijuana, delta-8 THC is legal.
Texas: Delta-8
is legal throughout Texas, where medical marijuana is also legal.
Utah: Delta-8
THC is banned in Utah. Only a few years
ago, the state legalized medical marijuana.
Vermont: Vermont
recognizes recreational marijuana as legal, but has banned delta-8 THC.
Virginia: Delta-8
THC is legal in Virginia, as is recreational marijuana.
Washington: Although
recreational cannabis is legal in Washington, delta-8 is not.
West Virginia: Delta-8
is legal in West Virginia, as is medical marijuana.
Wisconsin: Wisconsin
strictly prohibits recreational marijuana use, as only medical is allowed. However, the state does permit legal delta-8.
Wyoming: While
Wyoming is working on legalizing recreational marijuana, delta-8 remains fully
legal.
This list offers the
most up-to-date information as of May, 2203.
But, states can change their laws regarding cannabis suddenly, and
without any real warning. So, make a
point to consistently check up on your state’s current hemp laws, as well as
marijuana laws, to make sure that you’re not breaking the law without knowing
it.
Ultimately, if you live
in one of the above states that has banned delta 8 THC, we cannot legally ship
it to you. While it’s true that these
states are more likely to enforce laws regarding sales rather than possession,
it’s still going to be hard finding delta 8 if it can’t legally be sold where
you live. Our hope is that as we learn
more about the value of the hemp plant, states will become more willing to
embrace legal delta 8 in the near future.
Leave a Reply