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Delta 8 THC in Rhode Island: Is it Legal?

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Rhode Island law allows for the purchase of products with hemp-derived CBD, Delta-9 THC, and other cannabinoids, but not Delta-8. Delta 8 THC is a cannabinoid found organically in the hemp plant that has quickly expanded in popularity nationwide with promising applications not only in the recreational field, but also medically. While Delta 8 THC might feature properties familiar to Delta 9 THC, the main chemical found in marijuana, it has completely different effects and generally less potency.

But now you wonder, is Delta 8 THC legal in Rhode Island?

Related article: What is Delta 8 THC?

You Can Buy Select Spectrum in Rhode Island 

Delta-8 may not be legal in Rhode Island, but you can buy Select Spectrum products. So what does "Select Spectrum" mean? It's a blend that hemp-derived compounds containing CBD, Delta-9 THC, and other cannabinoids. Because of this combination of cannabinoids, the blend can create the "entourage effect." 

In each Select Spectrum gummy, there is 10mg of CBD, 10mg of Delta-9, and other cannabinoids. Select Spectrum products fall within the legal definition of hemp. This means you can order Select Spectrum online, and pay with credit or debit. So if you're looking for a hemp product that offers effects that are as active or noticeable as Delta-8, but you live in Rhode Island, we suggest giving Select Spectrum a try. Also, remember to start out small when trying any cannabinoid product. 

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No, Delta 8 THC is not legal in Rhode Island

As of writing this 09/22/21, Delta 8 THC is illegal under Rhode Island state law. It appears that Rhode Island has taken a page from from the regulations of Delta 8 THC in Mississippi and not those of Delta 8 THC in New Jersey.  Hopefully, we'll see bills passed in the future with similar wording that of Delta 8 THC in Massachusetts soon.

The following bills highlight why Delta 8 THC is illegal in Rhode Island


2-26-3. Definitions

(2) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including “marijuana” and “industrial hemp” or “industrial hemp products” which satisfy the requirements of this chapter.

(3) “Cannabidiol” or “CBD” means cannabidiol (CBD) derived from a hemp plant as defined in §2-26-3(8), not including products derived from exempt cannabis plant material as defined in 21 C.F.R. §1308.35.

(8) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight or per volume basis regardless of moisture content, and which satisfies the requirements of this chapter.

(9) “Hemp-derived consumable CBD product” means any product meant for ingestion, including but not limited to concentrates, extracts, and cannabis-infused foods and products, which contains cannabidiol derived from a hemp plant as defined in § 2-26-3(8), which shall only be sold to persons age twenty-one (21) or older, and which shall not include products derived from exempt cannabis plant material as defined in 21 C.F.R. §1308.35.

(10) “Hemp products” or “industrial hemp products” means all products made from the plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, and seed certified for cultivation., which satisfy the requirements of this chapter.

(13) “THC” means tetrahydrocannabinol, the principal psychoactive constituent of cannabis.

SECTION 3. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled “Uniform Controlled Substances Act” is hereby amended as follows:

§ 21-28-1.02. Definitions. [Effective until January 1, 2023.]

(30) “Marijuana” means all parts of the plant cannabis sativa L., whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is incapable of germination. Marijuana shall not include “industrial hemp” or” industrial hemp products” which satisfy the requirements of chapter 2-26 of the general laws and the regulations promulgated thereunder.


§1308.11 Schedule I

(d) Hallucinogenic substances.

(23) Marihuana

(31) Tetrahydrocannabinols

Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

1 cis or trans tetrahydrocannabinol, and their optical isomers

6 cis or trans tetrahydrocannabinol, and their optical isomers

3,4 cis or trans tetrahydrocannabinol, and its optical isomers


Exemption of certain cannabis plant material, and products made therefrom, that contain tetrahydrocannabinols.

(a) Any processed plant material or animal feed mixture containing any amount of tetrahydrocannabinols (THC) that is both:

(1) Made from any portion of a plant of the genus Cannabis excluded from the definition of marijuana under the Act [i.e., the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination] and

(2) Not used, or intended for use, for human consumption, has been exempted by the Administrator from the application of the Act and this chapter.

(b) As used in this section, the following terms shall have the meanings specified:

(1) The term processed plant material means cannabis plant material that has been subject to industrial processes, or mixed with other ingredients, such that it cannot readily be converted into any form that can be used for human consumption.

(2) The term animal feed mixture means sterilized cannabis seeds mixed with other ingredients (not derived from the cannabis plant) in a formulation that is designed, marketed, and distributed for animal consumption (and not for human consumption).

(3) The term used for human consumption means either:

(i) Ingested orally or (ii) Applied by any means such that THC enters the human body.

(4) The term intended for use for human consumption means any of the following:

(i) Designed by the manufacturer for human consumption; (ii) Marketed for human consumption; or (iii) Distributed, exported, or imported, with the intent that it be used for human consumption.

(c) In any proceeding arising under the Act or this chapter, the burden of going forward with the evidence that a material, compound, mixture, or preparation containing THC is exempt from control pursuant to this section shall be upon the person claiming such exemption, as set forth in section 515(a)(1) of the Act (21 U.S.C. 885(a)(1)). In order to meet this burden with respect to a product or plant material that has not been expressly exempted from control by the Administrator pursuant to Sec. 1308.23, the person claiming the exemption must present rigorous scientific evidence, including well-documented scientific studies by experts trained and qualified to evaluate the effects of drugs on humans.

Rhode Island and The Future of Delta 8 THC

If you want to see a change in the previous laws, we encourage you to voice your opinions to your local and state lawmakers.

Although Delta 8 THC might be illegal in Rhode Island, we still got you covered with a whole catalog of High Times Hemp Cup Award-Winning CBD, plus our Select Spectrum products (which contain CBD)! We can ship any of our products, from our top-notch CBD Blunts to our delicious Select Spectrum gummies, right to you, safely and discreetly.

Is Delta 9 THC Legal in Rhode Island?

Remember the 2018 Farm Bill? Well, that document states that all derivatives, cannabinoids, and isomers of hemp are federally legal, with the only concentration limit in place on hemp-derived Delta 9 THC.

According to federal law, a hemp product can have up to 0.3% of hemp-derived Delta 9 THC by weight.

This limit has been established in all 50 states, making hemp-derived Delta 9 legal throughout the U.S.

So, although Delta 8 is illegal in Rhode Island, hemp-derived Delta 9 products Farm-Bill Compliant are legal.

Can You Travel with Delta 9?

When it comes to traveling with Delta 9, there are a few factors to consider.

Where does the Delta 9 derive from?

If Delta 9 derives from marijuana, it is not legal in Rhode Island, and it cannot travel state lines.

So let’s say you bought a marijuana-derived product in New York; you cannot legally bring it with you to Rhode Island.

But hemp-derived Delta 9 has different laws.

As long as a hemp product contains no more than 0.3% of hemp-derived Delta 9, it is legal in Rhode Island and every other state.

The legal status of this product allows you to take hemp-derived Delta 9 with you anywhere. And as long as you clarify with the airline, you may be able to bring it on an airplane with you.

Advantages of Buying Delta 9 Online

So we know that hemp-derived Delta 9 is legal, but where can you buy it?

It’s common to buy it in person at a local smoke shop or hemp store, but you can also buy it online.

Yes, you heard us right—online.

Since hemp is federally legal, it can be shipped right to your door.

And if you’re surfing online, you’ll find various brands to choose from.

Some benefits of buying hemp products online:

  • Exclusive deals
  • Large inventory
  • Shipping
  • Access to customer reviews
  • Reward programs

Each brand is different from the next, and as long as they are third-party lab-tested, manufactured in the U.S., and have positive customer reviews, you’ll be in the right direction.

So if the store seems out of the way, take the leap and shop online.

At Hometown Hero, we offer every advantage above and more.

Our inventory carries a large selection of hemp-derived Delta 9 products, with updated customer reviews to give you a complete insight into our customers' thoughts.

Whether you’re looking for Delta 9 Baked Goods or Delta 9 Gummies for the go, we have everything you need here. 

Final Thoughts

Here’s the thing about hemp. Although Delta 8 THC isn’t legal in Rhode Island, you can try hemp-derived Delta 9 as an alternative. It’s clear that there are many benefits of switching over in terms of legal status and availability. As long as you are 21 years or older, you can order with Hometown Hero today. And who knows? It may become your favorite hemp product.

The information provided on this website does not, and is not intended to, constitute legal advice or reliable statements of the status of any laws. Any information, content, and materials available on this site are for general informational purposes only, and are not intended to cause you to buy or not buy any of our products. The laws are different state to state and are constantly evolving. Information on this website may not constitute the most up-to-date legal or other information. Please consult an attorney where you live or are shipping to for verification the legal status of products on this website. Click here for our Legal Disclaimer.

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