Is Delta-8 THC Legal?

In recent years, Delta-8 has gained popularity due to its unique effects, often described as similar to Delta-9 THC yet milder and more body-focused. If you're interested in experiencing Delta-8 for yourself, you're likely wondering whether it's legal. Well- you've come to the right place!

Yes, Delta-8 THC is Federally Legal...

Delta-8 THC is legal, and here's why: Delta-8 is a minor cannabinoid found in cannabis, a plant species that includes hemp and marijuana. The legal difference between hemp and marijuana is their percentage of Delta-9 THC.

The U.S. government defines marijuana (federally illegal) as cannabis with greater than a 0.3% concentration of Delta-9 THC.
Hemp (federally legal) is defined as cannabis with less than a 0.3% concentration of Delta-9 THC.

According to the 2018 Farm Bill, hemp-derived cannabinoids, including Delta-8 THC, are legal on a federal level.

This means you can purchase Delta-8 edibles and other cannabis products as long as (1) the cannabinoids are sourced from hemp plants and (2) the Delta-9 THC concentration, if any, does not exceed 0.3% of a product's dry weight.

However, state regulations vary, so Delta-8 THC products are legally available for purchase in most but not all states. Read on to learn what states we ship Delta-8 to and how Delta-8 from hemp first became legalized in the U.S.

About Hemp and the 2018 Farm Bill

Signed by President Trump and implemented by the U.S. Department of Agriculture (USDA), the 2018 Farm Bill allows pilot programs to study hemp and hemp-derived products while also outlining actions that are considered violations of the federal hemp law, including such activities as cultivating hemp without a license or producing cannabis with more than 0.3 percent Delta-9 THC.

Importantly, the 2018 Farm Bill distinguished hemp from marijuana based on the concentration of Delta-9 THC, but the concentration of Delta-8 THC does not currently have an expressed limit on a federal level. This means that Delta-9 THC products are legal in all 50 states but their THC concentration cannot exceed 0.3% of the product's dry weight, so they usually only come in edible form. Delta-8 THC can come in inhalable, edible, or concentrated forms where legal.

Where is Delta-8 Legal? Delta-8 Legality by State

While Delta-8 THC is federally legal, some states have set severe restrictions or outright bans on this novel cannabinoid. The following is a list of states and their laws regarding the legality of Delta 8 THC.

Alabama ✅	Alaska 🚫 Try Delta-9 Instead!	Arizona 🚫 Try Delta-9 THC Instead!
Arkansas ✅	California ✅	Colorado 🚫
Connecticut 🚫 Try Delta-9 Instead!	Delaware 🚫 Try Delta-9 Instead!	Florida ✅
Georgia ✅	Hawaii 🚫	Idaho 🚫
Illinois ✅	Indiana ✅	Iowa 🚫 Try Delta-9 Instead!
Kansas ✅	Kentucky ✅	Louisiana ✅
Maine ✅	Maryland ✅	Massachusetts ✅
Michigan ✅	Minnesota ✅	Mississippi ✅
Missouri ✅	Montana 🚫 Try Delta-9 Instead!	Nebraska ✅
Nevada 🚫 Try Delta-9 Instead!	New Hampshire ✅	New Jersey ✅
New Mexico ✅	New York 🚫 Try Delta-9 Instead!	North Carolina ✅
North Dakota ✅	Ohio ✅	Oklahoma ✅
Oregon 🚫	Pennsylvania ✅	Puerto Rico ✅
Rhode Island 🚫 Try Delta-9 Instead!	South Carolina ✅	South Dakota ✅
Tennessee ✅	Texas ✅	Utah ✅
Vermont 🚫 Try Delta-9 Instead!	Virginia ✅	Washington 🚫
West Virginia ✅	Wisconsin ✅	Wyoming ✅
Washington D.C. ✅

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