State Delta 8-THC Information

The 2018 Farm Bill removed hemp from the controlled substances act as long as it contained less than .3% in Delta 9 THC in dry weight. Delta 8-THC is a loophole no regulator foresaw as it can have intoxicating effects but is federally illegal. Many states, including those with marijuana recreational use laws are banning Delta 8-THC.

Please be patient with us as we are working on this chart.

The rules and regulations for marijuana change rapidly. This chart is current as of the date I wrote it, but adjusters should be familiar with their state’s rules. I cannot guarantee the accuracy of the list. Because laws and regulations can change without notice, an attorney should be contacted if there are any questions regarding this chart. These materials are provided for informational and educational purposes only and do not constitute legal advice or legal opinions because I am not an attorney.

DELTA-8 LEGAL STATUS
 

STATE

RELEVANT STATUTE

 

STSTATE

I'm a paragraph. Click here to add your own text and edit me. It's easy.

Alabama

Delta-8 is legal in Alabama. It is not considered a prohibited substance under Senate Bill 225, coinciding with the federal Agriculture Improvement Act (Farm Bill) which legalized the use of hemp and hemp-derived compounds. The passage of Bill 225 means that the use, possession, sale, distribution, purchase, and production of delta-8 products are allowed under state law.

 

Alaska

Alaska does not allow the use, possession, sale, distribution, or production of delta-8. It is categorized as a Schedule IIIA controlled substance under state law which includes all tetrahydrocannabinol such as delta-10 and THC-O. A person caught possessing delta-8 can be charged with a Class C misdemeanor to a felony, depending on quantity and intent.

Arizona

Currently, Delta 8 is illegal in the state of Arizona. Titles 3 Agriculture and 36 Public Health and Safety of the Arizona State Administrative Register, and the Arizona Revised Statutes state that: THC, which means any form of tetrahydrocannabinol, is prohibited. Cannabis is listed as a Schedule I drug.

Arkansas

Delta 8 THC is legal in Arkansas under House Bill 1640. Since this provision is not present in HB 1640, it means that hemp-derived products (like delta-8 THC) are exempt from the state's list of controlled substances, making them legal.

California

Delta-8 is restricted in California under state law. The use, possession, sale, distribution and production of hemp and marijuana-derived delta-8 products are regulated. While a person cannot possess any hemp-derived product with more than 0.3% delta-8 THC, it is allowed to purchase up to 28.5 grams of marijuana-derived delta-8 from a licensed dispensary.

Colorado

Delta-8 is illegal in Colorado despite very relaxed medical and recreational marijuana laws. The state does not allow the use, possession, sale, distribution, and production of delta-8 products following a notice from the Colorado Department of Health & Environment (CDPHE). Colorado considers delta-8 a controlled substance, as outlined in SB 14-184 and the Uniform Controlled Substances Act. However, natural levels of delta-8 THC present in hemp and marijuana are allowed since no chemical synthesis converting it from CBD or delta-9 occurs.

Connecticut

Connecticut regulates Delta-8 under its current marijuana laws following Senate Bill 1201. The statute only allows licensed dispensaries and hybrid retailers to sell delta-8 products. Unlicensed vendors are not permitted to stock or sell delta-8.

Delaware

In Delaware, Delta 8 is not legal which means that the state does not permit the use, possession, sale, distribution, and production of delta-8 products under state law. While Delaware recently legalized simple marijuana possession in small quantities, the state maintains that all tetrahydrocannabinol are banned substances under Schedule I of its Uniform Controlled Substances Act. Violators can be penalized from fines to extended prison times depending on quantity and intent.

District of Columbia

Delta-8 is likely legal in Washington DC. The federal Agriculture Improvement Act (Farm Bill) legalized hemp and hemp-derived compounds across the entire United States, including Delta-8. Washington DC law follows the Farm Bill.

 

Florida

Delta-8 derived from hemp carrying up to 0.3% THC is currently legal in Florida. Anyone of legal age can use, possess, sell, distribute, and produce delta-8 and its products without fear of penalty or prosecution and can even legally purchase Delta-8 products online. Traveling with Delta-8 products is also permitted. CBD and Delta-10 THC are likewise legal in Florida. However, Delta-8 derived from marijuana and marijuana and marijuana-derived compounds are strictly illegal. 

Georgia 

Under state and federal law, the use, possession, sale, and distribution of delta-8 THC is considered legal in Georgia. One can purchase delta-8 products online or in CBD dispensaries, vape stores, and head shops located all across the state. However, Delta-8 beverages, foods, dietary supplements, and animal feed are prohibited due to Georgia’s state law coinciding with FDA guidelines. CBD and delta-10-THC are also legal in Georgia. Penalties for illegal possession of marijuana-derived delta-8 vary depending on quantity and intent.

Hawaii

Delta-8 is temporarily allowed in Hawaii, though its legality is disputable. The Hawaii state government released a statement in 2019 stating all cannabis-derived compounds do not conform to FDA rules and that the interstate sale and purchase of cannabis-derived products are illegal. While the statement doesn’t mention delta-8 explicitly, it’s still a cannabis compound like CBD, CBG, and CBC, meaning Hawaii might consider delta-8 a banned substance by default. However, hemp-derived delta-8 is widely available across Hawaii according to unofficial sources.

Idaho

Hemp-derived delta-8 is prohibited in Idaho under state law, which means the use, possession, sale, distribution, and production of delta-8 products are not permitted anywhere within the state. The statute is outlined in House Bill 126 and in the Idaho Uniform Controlled Substances Act. Likewise, marijuana and marijuana-derived delta-8 are strictly forbidden. Possession of 3 ounces or less of marijuana-derived delta- is punishable by up to 1 year in prison and a fine of up to $1,000.

Illinois

In Illinois, hemp-derived delta-8 remains tentatively legal. The state permits the use, possession, sale, distribution, marketing, and production of delta-8 products. The same applies to other THC isomers, including delta-10, HHC, and THC-O. Marijuana and marijuana-derived delta-8 are also allowed under state law following the passage of the Illinois Cannabis Regulation & Tax Act where residents can possess up to 30g of cannabis or 500mg of THC, presumably including Delta-8.

Indiana

Delta-8 remains legal in Indiana after surviving the 2022 state legislative session seeking to ban hemp-derived delta-8, citing consumer safety concerns. The bill was not approved due to concerns that the language would also prohibit CBD oil. However, since medical and recreational cannabis is illegal in Indiana, marijuana-derived delta-8 is forbidden under state law.

Iowa

According to Chapter 24 Iowa Controlled Substances Act, all tetrahydrocannabinol are Schedule I controlled substances. The Iowa Department of Agriculture & Land Stewardship also officially declares the possession and manufacture of delta-8 products as illegal. House File 2581 also states that all inhalable cannabis products like vape pens, flower and pre-rolls (including delta-8) are prohibited.

Kansas

Delta-8 is temporarily legal in Kansas but the state’s attorney general considers the use, possession, and sale of delta-8 products “unlawful unless it contains no more than 0.3% total tetrahydrocannabinol. This combined THC percentage would render all delta-8 products prohibited. However, since the opinion of the attorney general is not legally binding, it does not make delta-8 officially restricted or prohibited. In fact, Delta-8 remains accessible online and through physical retail stores. Medical and recreational cannabis is banned though. Anyone caught possessing marijuana-derived delta-8 can be charged for a Class B misdemeanor punishable by up to six months in prison and a maximum fine of $1,000.

Kentucky

Kentucky temporarily allows the use, possession, sale, distribution, and production of hemp-derived delta-8 products under state law. This follows after a short but intense legal battle between the state’s Department of Health which prohibited delta-8 in April 2021, causing subsequent police raids on delta-8 vendors; and the Kentucky Hemp Association (KYHA) which filed a lawsuit arguing that delta-8 is legal and that the police raids are baseless. A state judge ruled in favor of the KYHA and issued a temporary ruling in February 2022.

Louisiana

Per House Bill 758, Delta-8 is regulated (with strict limitations) in Louisiana. Under this new law, unlicensed hemp vendors selling delta-8 must secure a license first and should submit each product for testing to ensure consumer safety. No product can contain more than 0.5 milligrams of delta-8 or any other THC isomer. No licensed vendor can sell delta-8 products to anyone under 21. Medical cannabis is legal but heavily regulated and recreational adult-use cannabis is still permitted. Penalties for possessing marijuana-derived delta-8 vary depending on quantity and intent.

Maine

Maine allows the use, possession, sale, distribution, purchase, and production of delta-8 products without risk of penalty or punishment. Hemp-derived delta-8 is not considered a state-controlled illegal substance and is perfectly legal under state law, which concurs with federal law after the passage of Legislative Document 1159. Likewise, marijuana and marijuana-derived delta-8 are legal under state law.

Maryland

After the passage of Maryland's Senate Bill 778, the use of hemp-derived delta-8 is now regulated. No persons under the age of 21 can use, possess, or purchase delta-8 products. In the same way, no delta-8 company can sell or distribute delta-8 products to anyone 21 or under. The bill also creates a task force composed of the Natalie M. LaPrade Medical Cannabis Commission and other health and science organizations in consultation with the Maryland State Department of Agriculture. The task force will study and make recommendations on the classification and regulation of tetrahydrocannabinol, other than delta-9, that are artificially, synthetically, or naturally derived.

Massachusetts

Massachusetts has not clearly banned hemp-derived delta-8 following Bill H.4001, which agrees with the federal hemp laws set out by the Agriculture Improvement Act. However, according to the Massachusetts government website, delta-8 is a controlled substance and the state will not allow the sale or production of synthetically made hemp-derived delta-8. It is undetermined whether the use or possession of delta-8 is allowed. Since no legislation supports these claims, they are most likely not legally binding.

Michigan

In Michigan, delta-8 is regulated. Only state-licensed companies can sell, distribute, and manufacture delta-8 products following House Bill 4517. A delta-8 vendor in Michigan should secure a license to sell first from the Michigan Marijuana Regulatory Agency (MMRA), which regulates marijuana and marijuana-derived delta-8 THC. Likewise, no vendor can legally sell delta-8 products to anyone under 21.

Minnesota

Delta-8 is regulated in Minnesota. The passage of House File 3595, prevented the sale and distribution of most delta-8 products. The statute limits edible hemp products to 5 mg of THC per serving (50 mg per package) and all other hemp products can only contain up to 0.3% of any tetrahydrocannabinol, including delta-8, delta-9, delta-10, and HHC. People under 21 are not allowed to purchase these products. Currently, there is no future legislation that could change delta-8’s legality in Minnesota.

Mississippi

Delta-8 is illegal in Mississippi and is considered a prohibited controlled substance under the state’s 2019 House Bill 1547 legalizing hemp and hemp-derived compounds. This coincides with the federal Agriculture Improvement Act (Farm Bill). However, the bill did not remove THC or any of its isomers from the controlled substances list, including delta-8. The use, possession, sale, distribution, purchase, and production of delta-8 and marijuana-derived delta-8 are not allowed under state law. First-time offenders can be penalized with a $200 fine for possessing 30 grams or less of marijuana-derived delta-8.

Missouri

Missouri's House Bill 2034 legalized hemp and hemp-derived compounds. This bill legally allows the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8. Marijuana is illegal but decriminalized if caught with 10 grams or less. Penalties for marijuana or marijuana-derived delta-8 possession are punishable by a fine but are still classified as a criminal offense.

Montana

Delta-8 is considered a controlled substance and not permitted in Montana under state law following amendments to its Controlled Substances Act in 2019. The statute prohibits the use, possession, sale, distribution, and production of delta-8 products within state borders. However, recreational marijuana for adults aged 21+ is legal in Montana, though it is not clearly defined whether marijuana-derived delta-8 is permitted under the same cannabis laws.

Nebraska

Nebraska’s passage of the Hemp Farming Act in 2019, officially made hemp and hemp-derived products legal in the state. This means the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 is legal in Nebraska under state and federal law without risk of penalty or prosecution.

Nevada

Delta-8 is regulated under Nevada's existing cannabis laws following Senate Bill 42. The statute permits the sale and distribution of hemp products carrying above 0.3% delta-8 and delta-9 through the state’s regulated cannabis network. All delta-8 vendors and their products must be licensed by Nevada Cannabis Compliance Board (NCCB). Unlicensed vendors are not permitted to sell delta-8 in any form.

New Hampshire

New Hampshire’s House Bill 459, legalized hemp and hemp-derived compounds, including delta-8. The state’s Controlled Substances Act also does not particularly list delta-8 as illegal. Recreational marijuana or marijuana-derived delta-8 is not legal but is decriminalized in New Hampshire. Possessing small quantities (.75 oz) of marijuana-derived delta-8 products is a civil violation and punishable by a maximum fine of $100.

New Jersey

New Hampshire’s House Bill 459, legalized hemp and hemp-derived compounds, including delta-8. The state’s Controlled Substances Act also does not particularly list delta-8 as illegal. Recreational marijuana or marijuana-derived delta-8 is not legal but is decriminalized in New Hampshire. Possessing small quantities (.75 oz) of marijuana-derived delta-8 products is a civil violation and punishable by a maximum fine of $100.

New Mexico

New Mexico Hemp Manufacturing Act legalized hemp and hemp compounds, including delta-8. Therefore, the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 are permitted without risk of penalty or prosecution. Likewise, the state also legalized recreational marijuana for adults aged 21+ following the New Mexico Cannabis Regulation Act, meaning marijuana-derived delta-8 is also legal under state law.

New York

Delta-8 THC is totally banned in New York. The state revised its regulations in May 2021, making it illegal to sell, distribute and produce hemp cannabinoid products created through isomerization (such as delta-8 and delta-10 THC). These regulations were confirmed by the New York Cannabis Control Board (CCB) and also stated that delta-8 might be regulated later through an adult-use program similar to its recreational marijuana program. However, it is unclear whether the use and possession of hemp or marijuana-derived delta-8 are punishable under state law.

North Carolina

Delta-8 is legal in North Carolina. This follows after Senate Bill 352 amended the North Carolina Controlled Substances Act, excluding all hemp-derived cannabinoids, including delta-8 from the list of controlled substances. This implies that the use, possession, sale, distribution, purchase, and production is allowed within state borders. However, neither medical cannabis nor recreational marijuana is legal in North Carolina, meaning marijuana-derived delta-8 use and possession is illegal within the state. Anyone caught possessing 0.5 ounces of marijuana or marijuana-derived delta-8 can be fined a maximum of $200.

North Dakota

The passage of North Dakota House Bill 1045 rendered Delta-8 illegal. This bill amended the state’s already existing hemp bill to include delta-8 as a prohibited substance alongside delta-9 THC specifically. As of 2021, the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 products are banned within the state. Marijuana and marijuana-derived delta-8 are also not allowed under state law.

Ohio

Under state and federal law, delta-8 THC is legal to purchase, use, possess, distribute, sell, and produce in the State of Ohio. Only delta-8 THC derived from Farm Bill compliant hemp carrying no more than 0.3% THC is legal under Senate Bill 57. Any delta-8 products derived from marijuana and sold openly to the general public for recreational purposes are not permitted. Effective 2 May 2022, medical marijuana producers will now be required to list delta-8, delta-10, and other THC isomer levels on product packaging.

Oklahoma 

Upon enactment of the Oklahoma Industrial Hemp Program, hemp and hemp-derived compounds, including delta-8 were legalized. This means that the use, possession, sale, distribution, purchase, and production of delta-8 products is perfectly lawful across the state. A bill was later signed excluding delta-8 from the definition of marijuana, allowing physical retail stores and online vendors to sell delta-8 products. However, recreational marijuana and marijuana-derived delta-8 remain illegal.

Oregon

Delta-8 is regulated by the Oregon Liquor and Cannabis Commission (OLCC) following the passage of House Bill 3000. The statute creates a new class of cannabinoids known as “Adult Use Cannabinoids,” including delta-8, delta-10, and other THC isomers. The sale of any product with a THC level above 0.5 mg is legal to adults aged 21+ unless the user is a medical marijuana cardholder below 21 but over 18. However, unlike recreational and medical marijuana in Oregon, there are no restrictions on the sale of delta-8. Users can purchase delta-8 products in physical retail and online stores.

Pennsylvania

Delta-8 is legal and unrestricted in Pennsylvania. The state allows delta-8 and other hemp-derived cannabinoids under House Bill 967. However, a recent memorandum proposed a ban on hemp-derived delta-8 products, citing consumer health and safety concerns. No official legislation seeking to limit, restrict, or prohibit delta-8 products has been enacted so far.

Rhode Island

Under the Uniform Controlled Substances Act, Delta-8 is illegal in Rhode Island. It is classified as a Schedule I controlled substance which means the use, possession, sale, distribution, purchase, and production of hemp and marijuana-derived delta-8 products is strictly forbidden. Possession of an ounce or less of delta-8 as a first-time offender is a civil violation and punishable by a maximum $150 fine. A subsequent offense is a misdemeanor punishable by up to one year in prison and a $500 fine.

South Carolina

Delta-8 THC is legal in North Carolina. All hemp-derived cannabinoids, terpenes, flavonoids, isomers, and salts are legal under state and federal law. This means it is permitted to use, possess, sell, distribute, and produce delta-8 THC products without the risk of penalty or prosecution. The state’s Attorney General released a letter arguing that delta 8 is unlawful but this statement is not legally binding. He left the responsibility to the law enforcement officers to decide if the state’s Hemp Act is not being followed.

South Dakota

Delta-8 is regulated in South Dakota. The passage of House Bill 1292 allows adults 21 and over legal access to delta-8 and other intoxicating hemp products, including delta-10, HHC, and THC-O. Marijuana and marijuana-derived compounds remain illegal. Possession of 1-2 ounces of marijuana-derived delta-8 is punishable by up to a year in prison and a maximum $2,000 fine.

Tennessee

Delta-8 is legal in Tennessee and is not regarded as a controlled substance under Senate Bill 354, which legalized hemp and hemp-derived compounds. There was an attempt to contradict this bill through House Bill 1927 which aims to ban delta-8 and all other hemp-derived products carrying more than the 0.3% THC limit due to lack of regulatory oversight and low consumer safety. However, the bill failed to pass keeping the use, possession, sale, purchase, and production of delta-8 products legal. Marijuana and marijuana-derived delta-8 are illegal in Tennessee and use and possession are punishable under state law. The penalties vary depending on quantity and intent. Possession of half an ounce is punishable by up to 1 year in prison and a maximum $250 penalty.

Texas

Delta-8 THC is currently legal in Texas after a Travis County judge temporarily blocked the state from classifying it as a controlled substance. Under state law, hemp-derived delta-8 THC with less than 0.3% THC is legal to buy and sell without getting in trouble with law enforcement. House Bill 2593 attempted to ban delta-8 products but it failed to pass the legislature. This bill would have limited the quantity of all tetrahydrocannabinols to 0.3%, making it near-impossible to produce effective delta-8 THC products.

Utah

Delta-8 is regulated under Utah’s existing medical marijuana laws which means only medical marijuana patients with a qualifying condition can use, possess, and purchase delta-8 products. All delta-8 vendors and their products must be licensed by the state’s Department of Health. The state considers all isomers of tetrahydrocannabinol (THC) a controlled substance.

Vermont

Delta-8 is prohibited in Vermont. According to Vermont’s Agency of Agriculture, Farms, and Markets (AAFM), which oversees and regulates the state’s hemp program, the possession, sale, and manufacture of synthetically-derived delta-8 products is prohibited under state law and could be categorized as a controlled substance. However, a new bill (H. 548) is currently making its way through the state legislature seeking to regulate delta-8 products under the state’s existing marijuana laws but has no decision yet.

Virginia

Virginia has lawfully allowed the use, possession, sale, distribution, purchase, and production of delta-8 products under its Drug Control Act following House Bill 1839. The statute legalized hemp and hemp-derived compounds, separating them from marijuana and marijuana-derived compounds. Likewise, marijuana and marijuana-derived delta-8 are also legal in Virginia, meaning the use and possession of delta-8 derived from marijuana is not forbidden under state law.

Washington

Delta-8 is still considered legal in Washington. This came about after several legislative attempts to ban delta-8 have failed to pass, notably Senate Bill 5983. The state’s Liquor and Cannabis Board stated that marijuana license holders are not allowed to make or sell delta 8 THC products in the state’s regulated market. A follow-up statement was published later stating delta-8 products are, in fact, prohibited with no exceptions. However, policy statements are usually not legally binding or backed by official legislation, which means delta-8 products are not officially banned.

  

West Virginia

There was an attempt to regulate Delta8 in West Virginia but after Senate Bill 666 failed to pass, Delta-8 remains legal and not categorized as a controlled substance under state law. This means that the use, possession, sale, distribution, and production of delta-8 products are permitted without facing penalty or prosecution.

Wisconsin

Delta-8 is legal in Wisconsin, just like all hemp-derived products. However, marijuana and marijuana-derived delta-8 are forbidden under state law and considered possession a misdemeanor. First-time offenders can face up to 6 months in prison and a maximum fine of up to $500. The federal government is currently addressing the federal legality of delta-8 and may ban it under state law if the DEA rules it a controlled substance.

Wyoming

Delta-8 is completely legal in Wyoming. The state does not list hemp-derived delta-8 as a controlled substance under its House Bill 0171, which legalized hemp and hemp-derived compounds, including delta-8. This bill lawfully permits the use, possession, sale, distribution, purchase, and production of delta-8 products under state law. On the other hand, marijuana and marijuana-derived delta-8 are not allowed within the state. There is a corresponding punishment for anyone caught possessing marijuana-derived delta-8.