Can You Get Arrested For Delta 8?

Can You Get Arrested For Delta 8?

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Can You Get Arrested For Delta 8

Amongst the cannabis community, Delta 8 THC has surged in popularity. But this has sparked a common question.

How is Delta 8 THC Legal?

Delta 8, along with other hemp-derived cannabinoids, are federally legal under the 2018 Farm Bill. Since this law was passed, all 50 states have legalized hemp.

And at one point, Delta 8 was legal in every state. However, some areas have been restricting this compound, creating a whirlwind of confusion.

Why are some states banning Delta 8 while others don’t? 

Can you be arrested for having Delta 8?

If you are curious about these restrictions and how they may apply to you, keep reading.

We’ll be covering:

Let’s get started!

What Is Delta 8 THC?

Delta 8 THC is a compound found in hemp plants.

But why is it called “Delta 8 THC?”

This is because it holds a chemical bond on the 8th carbon chain, hence Delta 8.

Compared to other cannabinoids, Delta 8 has offered enthusiasts a different experience from Delta 9 and CBD. Some of these effects include:

  • Mild-euphoria
  • Sense of wellbeing
  • Uplifting feelings

Effects may vary.

How Old Do You Need to Be to Buy Delta 8?

In states where it’s legal, you must be 21 years or older to purchase Delta 8 or any other hemp product.

Why Isn’t Delta 8 THC Legal In Every State?

After hemp became federally legal, every state began amending its hemp policy to align with federal law.

This initial step is what made hemp legal in all 50 states.

However, some states have made additional adjustments.

Although Delta 8 is federally legal and legal in most states, some areas of the United States have explicitly prohibited it.

As of July 14th 2022, these states include:

  • Alaska
  • Arizona
  • Colorado
  • Connecticut
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • Nevada
  • North Dakota
  • Rhode Island
  • Vermont
  • Virginia
  • Utah
  • Washington
  • Oregon

It is illegal to the manufacturer, possess, distribute, or consume Delta 8 THC products in the states above.

Where Is Delta 8 THC Legal?

Delta 8 remains federally legal under the 2018 Farm Bill, and although some states have amended their hemp policy, most have not.

Individual states have continued authorizing the production and distribution of Delta 8 THC products.

As of July 14th, 2022, the states below have legalized Delta 8:

  • 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
  • Washington D.C.

Keep in mind that laws are subject to change, so it’s important to stay updated on your local laws before purchasing these products.  

Can You Be Arrested For Delta 8 THC?

Sometimes, Delta 8 products are nearly identical to marijuana products, making it difficult for law enforcement to distinguish them.

This can make it difficult for police officers, so keeping your products in their original label is important.

However, if an officer suspects that it is marijuana, you could be met with a negative situation.

If you are traveling with D8 in a state where it is unauthorized, you risk facing criminal charges.

So before starting your next adventure, make sure Delta 8 is legal at your destination. If not, leave it home and find an alternative. 

Can You Get Arrested For Smoking Delta 8 THC?

Unfortunately, possibly.

If the state prohibits this cannabinoid, you cannot consume, possess, or distribute these products. 

Can You Be Prosecuted For Delta 8 Consumption?

There are some circumstances where it’s possible to be arrested and prosecuted due to Delta 8 THC consumption.

For example, if you are on bond or probation, a judge can issue an order stating you cannot possess or consume cannabinoids.

This means ALL cannabinoids.

It doesn’t matter if it is hemp-derived or marijuana-derived.  You cannot consume or possess hemp products during this period.

There will be severe penalties if you are in this situation and go against the judge's orders.

Can You Bring Delta 8 THC On A Flight?

According to federal law, hemp products can travel via plane.

But before you jump to any conclusions, you need to follow up on a few things.

Since Delta 8 isn’t legal in all states, conduct research to clarify that Delta 8 is permitted at your destination.

Then you need to contact the airline to find out their policy on hemp products.  

If they allow it, keep your hemp products in the original packaging and store them in your carry-on until you arrive at your destination.

Can You Fail A Drug Test After Using Delta 8?

When drug tests were developed, they weren’t made to detect the difference between hemp and cannabis.

So if you have an upcoming drug test, immediately stop using hemp products.

Delta 8 Alternatives

Delta 8 is well-liked, but its legal status could be a barrier.

If you live in a state where Delta 8 is legal, we have an ideal alternative hemp-derived Delta 9 THC.

Hemp-derived Delta 9 is authorized in all 50 states, which means it can be your travel buddy on nearly any trip.

And the best part is it can be purchased online.

Let us help you make the transition by finding a D9 product today.

Our online store is as easy as any other.

Find the hemp product that best fits your needs.

Whether our Delta 9 Baked Goods or our Live Rosin Gummies, you’ll find that each product offers something different from the next.


Finding out Delta 8 is illegal in your state is a bummer, especially if it’s your favorite cannabinoid.

But by keeping up to date with your local laws, you’ll know what is allowed and what isn’t.

If you’re unsure of your state’s stance on D8, reach out to a government official to find out.

Depending on their answer, you may discover it’s illegal. If so, D9 will allow you to enjoy the legal advantages without having to break your routine.

And who knows? You might enjoy it more.

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