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Is Delta 8 Legal to Smoke in Public?

Is Delta 8 Legal to Smoke in Public?

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For those of you that live in a state with legal Delta-8, you may be wondering—can I smoke Delta 8 in public? The short answer, probably not. Each state has its own law on whether smokable hemp is legal or not, but all in all, if you are in public, you should not be smoking any product that contains THC.

We hate to be the bearer of bad news, but that does not mean you can’t enjoy Delta-8 legally in other locations. But first, let’s clear the air on where Delta 8 legally stands today.

smoking delta 8 in public

Where is Delta-8 Legal?

Back in 2018, Congress passed the 2018 Farm Bill, which was later authorized on December 20th, 2018. From then on, the production, distribution, and sale of hemp products became legal on a federal level.

According to this bill, a hemp product can contain any derivatives, cannabinoids, or isomers of hemp, with the only concentration limit on hemp-derived Delta 9 THC. Federal law states that a product can legally have up to 0.3% of hemp-derived Delta-9 on a dry weight basis. 

After this bill, state lawmakers began to amend their hemp policy to align with federal law. Since then, hemp manufacturers across the country have produced an array of hemp merchandise. Some include CBD, Delta-8, and Delta-9 products, all of which are legal within the guidelines of the 2018 Farm Bill.

As of November 23, 2021, smokable hemp products are legal in most states. To ensure that hemp flower and Delta 8 products haven’t been outlawed near you, reach out to a lawyer or your local official for a solid answer. However, if you know that Delta-8 is legal, it’s time to discuss traveling with it. 

Traveling with Delta-8 THC

We can all agree that traveling away from home is an exciting time. But before you pack  Delta-8 in your luggage, you need to research the laws of all the states you plan to travel through. Even if you buy Delta-8 legally, it has restrictions in other parts of the U.S.

The same goes for traveling on an airplane. According to federal law, hemp products can be transported across state lines. However, each airline has its own rules. To avoid falling into unexpected trouble, contact the flight company and ask about their traveling policy.

The Ideal Location to Smoke Hemp

It’s been a long day, and all you can think about is relaxing with your Delta-8 flower. You decide you want to go for a walk to experience the world around you, but then you stop and go back inside. Why can’t you smoke Delta 8 in public? There is no solidified answer on consuming hemp products in public, but there is on smoking in general.

Like tobacco and marijuana, it is prohibited to smoke at public buildings, state parks, and other locations around your community. You can carry these items on you, but they cannot be ignited or used in these areas. Instead, you are encouraged to enjoy these items in the comfort of your home. Or at a private residence with the owner’s permission.

That said, there are specific locations that are permitted for customers to smoke on site. Usually, at hemp cafes, restaurants, and some coffee shops. Keep in mind, most of these businesses are located in states that have legalized recreational marijuana. So if marijuana isn’t legal in your area, you likely won’t find these types of storefronts. 

Buying Smokeable Delta-8 Products Online

Delta-8 products do not stop with flower, blunts, and joints. Online and in-store, you can also find Delta-8 in the form of gummies, candies, and baked goods. Simply search for the nearest hemp store or go shopping online.

When you go to the store, you risk hitting traffic and wasting your precious time, which is why many customers shop directly from us. At Hometown Hero, our online store is open 24 hours and can be accessed with a click of a button. 

If you’re looking for Delta-8 gummies, pre-rolls, or our highly praised Rainbow Squares, you can find it all here. As long as you are 21 years or older and living in a state where Delta-8 is legal, we can ship our products directly to your door. Don’t waste another second with mediocre hemp, and taste real quality. 


It may feel sudden learning about all the smoking restrictions that our states have in place. But over time, hopefully, more businesses will open up storefronts that will allow the cannabis community to connect in a comfortable environment. Until then, it is best to consume your products at home, curled up on the couch with a few friends.

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