This, we are told, is the most up to date map there is as of 7 July 2021 detailing where Delta 8 is legal in the USA
Writer Gleb Oleinik who put this map together also published a fantastic accompanying article at https://cbdthinker.com/is-delta-8-thc-legal/ explaining what’s legal, where it’s legal and lots more to boot. We highly recommend taking time to read this
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of research studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to spend his time in the gym and out in nature.
Delta-8 has grown incredibly popular, especially in states where adult-use marijuana is illegal. Many people are using delta-8 vapes, oils, edibles, and other products for both recreational and therapeutic effects.
But is delta-8 legal? It depends. Delta-8 THC is federally legal as long as it’s derived from hemp (cannabis with low delta-9 THC levels).
However, some states are starting to ban or regulate this cannabinoid. Here’s a detailed look at the delta-8 laws of each state and an interactive legality map.
Table of Contents
Although delta-8 THC is legal on the federal level, many states have their own laws.
Delta-8 THC is currently illegal in 14 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, North Dakota, Rhode Island, Vermont, and Utah.
Meanwhile, delta-8 is legal in 32 states: Alabama, California, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Washington, Wisconsin, Wyoming, and in Washington D.C.
There are also four states where delta-8 is either regulated or in a legal gray area: Connecticut, Nebraska, Nevada, and Kentucky.
Check below for state-by-state delta-8 THC legality laws.
Keep in mind that the laws are often confusing, contradicting, and may change. For example, many states are trying to pass legislation to ban or regulate delta-8 THC in the same way as recreational cannabis.
States Where Delta 8 is Illegal
The following 14 states have legislation prohibiting delta-8 or all forms of THC. However, people still report being able to buy delta-8 products in these states, likely due to a lack of enforcement and clarity from the state government.
Delta-8 THC is illegal in Alaska, even though the state allows recreational cannabis. That’s because hemp and hemp-derived products (including CBD) are still illegal in Alaska unless you have authorization from the state’s industrial hemp pilot program.
Delta-8 is illegal in Arizona even though the state legalized recreational cannabis in 2021.
Delta-8 THC is illegal in Arkansas.
Colorado made delta-8 illegal on May 14, 2021. The state clarified that converting any cannabinoids from hemp with a chemical process (which is how delta-8 is made from CBD) makes them non-compliant. This news is surprising since Colorado was one of the first states to legalize recreational marijuana in 2012.
Delta-8 is illegal in Delaware. The state’s Controlled Substances Act includes “Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers” as a schedule 1 controlled substance.
Delta-8 is illegal in Idaho, along with all other forms of THC. Idaho’s cannabis laws are quite strict and it was the last state to legalize hemp on April 16, 2021.
Delta-8 THC is partially illegal in Iowa. Although Iowa made hemp-derived products legal in 2020, the legislation also banned their use through inhalation, which means that smokable and vapable delta-8 and CBD products are illegal.
Delta-8 is illegal in Mississippi.
Delta-8 is illegal in Montana.
Hemp-derived delta-8 THC is likely to be banned in New York. The state revised its regulations in May 2021, making it illegal to make hemp cannabinoid products created through isomerization (such as delta-8 and delta-10 THC). However, these regulations are up to public comment until July 19, so they’re not yet finalized.
This could mean that New York plans to regulate delta-8 THC products in the same way as recreational marijuana since the state recently legalized cannabis.
Delta-8 THC is illegal in North Dakota. The state’s bill 1045, signed in April 2021, changed the definition of THC to include delta-8 and other isomers, and also changed the definition of hemp and hemp-derived products to anything with no more than 0.3% THC (in any form).
Delta-8 THC is illegal in Rhode Island. Although the laws are not 100% clear, the state prohibits ingestible products containing any form of THC.
Delta-8 THC is illegal in Vermont. The state’s Agency of Agriculture, Food and Markets clarified on April 23, 2021, that “while naturally occurring delta-8-THC is not barred from hemp or hemp products, Vermont producers cannot manufacture the delta-8-THC cannabinoid from hemp…In addition, delta-8-THC manufactured from hemp may be a controlled substance under federal and/or State law.”
Delta-8 is illegal in Utah because the state considers all isomers of tetrahydrocannabinol (THC) a controlled substance.
States Where Delta-8 is Regulated Or In a Legal Gray Area
You’ll be able to purchase delta-8 THC in these states but it might be in a legal gray area or regulated in the same way as recreational cannabis.
Delta-8 THC is regulated in Connecticut, so you can only buy it from licensed cannabis retailers. The state passed Bill 1201 on July 1, 2021, which adds delta-8 and other isomers to the definition of THC/marijuana.
Delta-8 THC is in a legal gray area in Nebraska. The state considers all tetrahydrocannabinols controlled substances but also allows hemp-derived products so it’s not clear if hemp-derived delta-8 is legal or not.
Delta-8 THC is regulated the same way as marijuana in Nevada because the state recently added delta-8 to its definition of THC (see NRS 453.139). This means that delta-8 products can only be sold through the state’s legal marijuana system, which makes it difficult to purchase delta-8 products online and ship them to Nevada.
It’s not clear whether delta-8 THC is legal in Kentucky. Although the state includes “tetrahydrocannabinols” on its list of schedule 1 controlled substances, delta-8 products are readily available in the state without any issues with authorities.
There was also an April 19, 2021 letter by the state’s Department of Agriculture saying that “delta-8 THC is a Schedule 1 controlled substance under federal law and Kentucky law.” However, this letter misinterprets federal law and doesn’t have any authority.
States Where Delta 8 is Legal
Delta-8 THC is legal in Alabama. An amendment for banning delta-8 and delta-10 products was removed from Alabama House Bill 2, which passed in April 2021. A similar amendment to the state’s medical marijuana bill was also removed.
Delta-8 THC is legal in California. However, the state is working on rules that would see hemp-derived delta 8 regulated the same way as recreational cannabis.
Bill AB-45 defines delta-8 and other isomers of THC as the same thing, which means that delta-8 products might only be available at legal cannabis stores in the future.
Hemp-derived delta-8 THC is legal in Florida. In fact, all isomers except for delta-9 THC (including delta-7 and delta-10) are currently legal.
Delta-8 THC made from hemp is legal in Georgia. House Bill 213, passed in 2019, made hemp and hemp-derived products legal in the state.
For now, delta-8 THC is legal in Hawaii. But this could change. Although CBD and other hemp-derived products are not strictly banned in Hawaii, the state aligns with the FDA’s policy by saying that CBD cannot be sold as a dietary supplement or added to foods or beverages.
Delta-8 THC is legal in Illinois. However, the state is working on legislation that will require all cannabinoid products to be tested and labeled before being sold.
Hemp-derived delta-8 THC is legal in Indiana because the state only bans delta-9 THC.
Delta-8 THC is legal in Kansas. Like some other states, Kansas only has legislation banning delta-9 THC.
Delta-8 THC is legal in Louisiana since only delta-9 THC is considered an illegal substance.
Delta-8 THC and all forms of cannabis are legal in Maine.
Delta-8 THC is legal in Maryland.
Delta-8 THC is legal in Massachusetts. The state also allows recreational cannabis use.
Delta-8 is legal in Michigan but this may soon change. The state is on the cusp of passing House Bill 4517, which will make it illegal to sell delta-8 and other THC isomer products outside of licensed cannabis stores.
Delta-8 THC is legal in Minnesota.
Delta-8 is legal in Missouri. All hemp-derived products are legal in Missouri, which means delta-8 made from hemp is legal as well.
Delta-8 THC is legal in Minnesota.
Delta-8 THC is legal in New Jersey. The state legalized recreational marijuana in 2021 and hemp-derived cannabinoid products with less than 0.3% delta-9 THC are also legal.
Delta-8 THC is legal in New Mexico. Recreational marijuana was also legalized in 2021.
Delta-8 THC is legal in North Carolina. However, the state has fairly restrictive cannabis laws so it’s likely that legislators may decide to ban or regulate delta-8 in the near future.
Delta-8 is legal in Ohio. Although the state’s Medical Marijuana Control Program said that medical marijuana products containing delta-8 THC are subject to specific labeling and other rules it’s unclear if this applies to regular delta-8 products.
Delta-8 THC is legal in Oklahoma. The state originally planned to include delta-8 and delta-10 THC in the definition of marijuana but these provisions were later removed from Senate Bill 1033.
Delta-8 is legal in Oregon but the state is working on legislation that would regulate delta-8 and similar “artificially derived cannabinoids” through the legal cannabis market.
Delta-8 THC is legal in Minnesota. The state allows all hemp-derived products as long as they contain no more than 0.3% delta-9 THC.
Delta-8 THC is legal in Minnesota.
Delta-8 is legal in South Dakota. The state only considers delta-9-tetrahydrocannabinol a controlled substance and makes no mention of delta-8. Additionally, South Dakota is in the middle of a Supreme Court battle over the legality of recreational cannabis.
Delta-8 is legal in Tennessee, as long as it’s made from hemp and contains no more than 0.3% delta-9 THC.
Hemp-derived delta-8 THC is legal in Virginia. The state also legalized recreational cannabis in 2021.
Delta-8 is legal in Washington. However, the state’s Liquor and Cannabis Board (LCB) noted in April 2021 that delta-8 products cannot be produced or processed in LCB regulated facilities and sold in licensed marijuana stores. Although the statement was advisory, it looks like the LCB is discussing potential rules to regulate delta-8 THC.
Like other hemp-derived products, delta-8 THC is legal in West Virginia.
For now, delta-8 is legal in Wisconsin. However, a news story from April 2021 suggests that the state’s Department of Agriculture, Trade and Consumer Protection is still discussing delta-8 and waiting on a statement from the DEA.
Delta-8 is legal in Wyoming. All hemp-derived products containing less than 0.3% delta-9 THC are legal in the state.
Delta-8 THC is legal in Washington D.C.
What is Delta-8 THC?
Delta-8 is a form of tetrahydrocannabinol (THC). Most of us are only familiar with delta-9 THC, which is what most people refer to when they say THC.
Delta-8 is an isomer of delta-9 THC, which means it has the same molecular formula as but the atoms are arranged differently. THC actually has four different isomers: delta-7, delta-8, delta-9, and delta-10.
Research suggests that delta-8 is about 66% as potent as delta-9 and has similar effects (1). This means it can get you high and produce other typical effects of THC, such as sedation.
Delta-8 THC also appears to have a lower chance of causing anxiety and other common side effects of delta-9 THC, which is another reason for its popularity.
Why Delta-8 is Controversial
Delta-8 THC remains controversial is because it provides a legal way to get high even in states where cannabis is illegal.
That’s because delta-8 THC is usually made from hemp, a non-intoxicating variety of cannabis that became federally legal thanks to the 2018 Farm Bill. The bill defines hemp and hemp products by their delta-9 THC content (no more than 0.3%).
Cannabis and hemp plants have naturally low delta-8 THC levels. However, you can also make delta-8 from hemp-derived CBD through a special chemical isomerization process.
As such, manufacturers can make intoxicating delta-8 THC products from hemp. Since lawmakers never expected this when they legalized hemp, many states are deciding to ban or regulate delta-8 THC, with many others considering the same.
Another big question with delta-8 THC is whether it counts as synthetic or not. The process used to create delta-8 from CBD is certainly not natural but it’s difficult to say whether it counts as synthetic:
- On one hand, you could argue that delta-8 THC is not synthetic because it’s made from CBD, a natural cannabinoid
- On the other hand, you could argue that creating any new cannabinoid from another cannabinoid makes it synthetic
This is a big deal because synthetic cannabinoids (such as “spice” and “K2”) were banned by the 2012 Synthetic Drug Abuse Prevention Act.
The Future of Delta-8 THC
Is delta-8 legal or illegal? It depends on your state.
Although the DEA recently added delta-8 to its orange book of controlled substances under the category “tetrahydrocannabinols,” this doesn’t make it illegal as only the federal government has the authority to outlaw delta-8 on the federal scale.
It’s unlikely that we’ll see a federal law banning delta-8 THC since all signs point towards federal cannabis decriminalization and legalization.
At the same time, individual state laws for delta-8 THC are constantly changing. The most likely outcome is that most states will choose to regulate delta-8 THC in a similar way to medical and recreational marijuana.
This means delta-8 products will only be available from licensed businesses and go through proper testing, labeling, and other regulations.
This is arguably the best solution for consumers as it will raise the quality and safety of delta-8 THC products.