Is Delta-8 Legal? What states allow Delta 8?

While there have been big strides on the topic of cannabis use and social acceptance of the cannabis plant, there is now quite a large variance as to what is legal depending on where you live. Some states have gone so far as to legalized marijuana, which has opened up medical marijuana use, and in some cases recreational marijuana use.


These are groundbreaking changes. New law has made, drugs that were considered controlled substances since the 70's, now legal in some states.


Then, in 2018 a senate bill called The Farm Bill was passed, which removed hemp from the Controlled Substances Act on December 20, 2018. This bill defined what constituted cannabis to be considered industrial hemp plants. This opened up a whole new market and broadly legalized hemp products, to included CBD, Delta 8 THC, and other hemp derived products so long as they were derived from hemp plants.


What is Delta 8 THC?

We get asked "What is delta 8 THC?" a lot. Let's cover the basics of what makes Delta 8 THC so popular today. Delta 8 THC is a chemical compound found in the cannabis plant; it is very similar to the THC most people usually associate with marijuana. Although Delta 8 is found in very small amounts, therefore in order to fulfill market demand most Delta 8 THC products are synthesized from hemp derived CBD oil.


Delta 8 is a psychoactive compound, which does produce psychoactive effects, meaning it does produce a "high", but to a much lesser degree than that of Delta 9 THC. Overall, Delta 8 THC falls in a middle ground between CBD (hemp derived cannabidiol) and regular THC (Delta 9 THC). As a cannabinoid, the potential benefits that Delta 8 THC brings to the table are very appealing for many.


If Delta 8 THC is legal in the state you live in it also makes for a great alternative to those who are either unable to access medical or recreational cannabis legally, or those who prefer a more mellow alternative to Delta 9 THC and other cannabinoids.


how is delta 8 legal

Is Delta 8 THC legal?

Yes and no... Delta 8 legality is essentially a two-part answer. Let's first address the federal law surrounding hemp derived Delta 8 THC products. Federally, Delta 8 is legal. Now, past this is where the grey area comes into play. Beyond the federal law, each state has the ability to enact their own state laws surrounding Delta 8 THC.


Due to this, Delta 8 THC is not legal in all 50 states. Even though Delta 8 is derived from the hemp plant, many states have taken it upon themselves to start outright banning or regulating some hemp oil and Delta 8 products. A total of 12 states, such as Rhode Island and Utah have already pulled the plug on Delta 8.


The reasons why these states have taken the stance they have on the legal status of Delta 8 has typically been cited as public safety concerns and a lack of regulation surrounding the manufacture, age of purchase, and an inability to regulate online sales of these hemp derived cannabinoids.


how does delta 8 work

How Does Delta 8 THC Work?

Just like Delta 9 THC, Delta 8 is a substance that works very similarly. It interacts with our endocannabinoid system, (ECS) for short, which is a system in our body that is found in the brain and central and nervous system. This ECS is responsible for maintain balance through our body by regulating things like mood, appetite, inflammation, pain signaling, sleep, and many other essential functions of our body.


When Delta 8 THC interacts with this system, particularly binding to the CB1 and CB2 receptors, both of which are receptors within the ECS, all of these functions are impacted. Some in ways that are beneficial and others that are not.


CB1 receptor activation is what is responsible for effecting our mind and therefore is what produces the psychoactive effect that you feel.


CB2 receptor activation targets effects that are often considered potential health and therapeutic benefits such as Delta 8's and other hemp derived products ability to regulate pain and inflammation. This activation is also responsible for having an effect on appetite stimulation, intense relaxation, potential to reduce anxiety, and it may even relieve pain.


Why Use Delta-8 THC?

There are many reasons someone may choose to use Delta 8 THC. These reasons can stem from the potential health benefits, most of which are similar to that of the benefits of marijuana. Then there are other recreational reasons. This also makes Delta 8 THC products a great alternative option for those who do live in states who have not legalized recreational marijuana use.


Benefits of Delta 8 THC products typically come in the form of feelings of tranquility and euphoria, which assist many to relax and unwind. Potential health benefits consist of pain and inflammation reduction along with the ability to reduce anxiety and stress. Regardless of an individual's reason for using Delta 8, there are undoubtedly many potential benefits that this substance can offer.


is delta 8 legal in my state

Is Delta 8 legal in your state?

Delta 8 and marijuana laws vary from state to state. It is always in your best interest to be fully aware of your state and local laws since they are ever changing, especially on the topic of Delta 8 and other hemp derived cannabinoids. Here is a full list of states that have either imposed regulations or have outright banned Delta 8 as of the writing of this article.


Disclaimer: We do our very best to stay on top of the ever-changing state, local, and federal Delta 8 laws. However, due to the fact that these laws can, and do change so frequently, we do recommend you do your own research to verify the information you find in this article. This information is not intended to be used as legal advice or as a substitute for legal aid. 


States Where Delta 8 THC Is Regulated


  • Arizona 
In Arizona Delta 8 THC is regulated in the same way as recreational cannabis is. You can only purchase it from licensed dispensaries.


  • California
Regulations on Delta 8 THC products are similar to that of cannabis for adult use.


  • Connecticut

Delta 8 THC products are subject to the same regulations as recreational cannabis. It can only be purchased from licensed retailers.


  • Michigan

In Michigan Delta 8 THC is regulated under House Bill 4517. It can only be purchased from licensed retailers.


  • Washington

Delta 8 THC products have been banned from being sold by licensed marijuana dispensaries. There is not specific ruling that the online vendors cannot ship their products to Washington.


States Where You'll Find Delta 8 THC is Legal


Delta 8 is legal in Alabama ever since the Alabama House Bill 2 removed an amendment that had previously banned both Delta 8 THC and Delta 10 THC products.


House Bill 1640 states that Delta 8 THC is legal in Arkansas.


Delta 8 THC is legal as of now. That could change with proposed House Bill 679, which targets new regulations that could essentially ban all Delta 8 THC products.


Delta 8 THC and all other hemp-derived cannabinoids are now legal in Georgia with the passing of House Bill 213


Delta 8 THC products are legal in Hawaii excluding inhalable and edible products.


Delta 8 THC is currently legal in Illinois. There is initial framework being worked on that will require all cannabinoid products to be fully tested and properly labeled prior to being sold.


Delta 8 THC products derived from hemp are legal in Indiana with the exception of Delta 8 hemp flower products.


Delta 8 THC remains legal in Kansas currently.


With the passing of Senate Bill 170, all hemp-derived cannabinoids, to include Delta 8 THC are legal.


There is limited Delta 8 THC legality in Louisiana. There is a THC limit of 8mg on Delta 8 THC products and all inhalable products have been banned.


Delta 8 THC is legal in Maine. Maine allows for recreational cannabis use as well as Delta 8 THC use.


All hemp-derived products are legal in Mayland to include Delta 8 THC.


  • Massachusetts

Like recreational marijuana, Delta 8 THC is legal in Massachusetts.


  • Mississippi

After Mississippi removed Delta 8 THC from the state's-controlled substances act, Delta 8 THC is now legal.


  • Missouri

All hemp-derived cannabinoids are legal in Missouri, which includes Delta 8 THC.


  • Nebraska

Uses the language of the 2018 Farm Bill, which makes Delta 8 and other hemp-derived cannabinoids legal.


  • New Hampshire

Delta 8 THC is legal in New Hampshire as long as it is derived from hemp.


Recreational and medical marijuana use is legal in New Jersey, as is Delta 8 THC.


  • New Mexico

With recreational marijuana laws changing in 2021, Delta 8 has remained legal.


Delta 8 THC is legal in North Carolina.


Hemp derived Delta 8 THC is legal in Ohio. However, any Delta 8 products derived from marijuana must be purchased from a licensed medical marijuana dispensary.


  • Oklahoma

As long as Delta 8 THC is derived from hemp it is legal in Oklahoma


  • Pennsylvania

As long as Delta 8 THC is derived from hemp and remains federally compliant at no more than 0.3% Delta 9 THC, it is legal in Oklahoma


Delta 8 remains legal in South Carolina.


  • South Dakota

All hemp-derived products, including Delta 8 THC are legal in South Dakota


There have been several attempts to regulate and ban Delta 8, but it currently remains legal.


Texas has attempted to ban Delta 8 numerous times but without success. Hemp derived Delta 8 THC is legal.


  • Virginia

Some Delta 8 products are legal. Food and drink products have been banned but Delta 8 vapes, flower, and tinctures can still be purchased.


  • West Virginia

There was an attempt to ban Delta 8, but it was unsuccessful. Delta 8 is legal in West Virginia.


Delta 8 derived from hemp is legal in Wisconsin.


  • Wyoming

Delta 8 derived from hemp is legal in Wyoming.


States That Have Delta 8 THC Confirmed as Illegal


  • Alaska

All forms of THC are illegal in Alaska. This also includes Delta 8 THC even though the state allows for recreational cannabis use.


  • Colorado

Delta 8 THC is illegal in Colorado since they have banned the conversion of any cannabinoids from hemp plants.


  • Delaware

Delta 8 THC is considered a Schedule I controlled substance based on Delaware state law.


  • Idaho

All forms of THC are currently illegal in the state of Idaho.


  • Iowa

All Delta 8 THC products are illegal in Iowa with the exception of tinctures. Even though non-inhalable hemp products were legalized in 2020, it is unclear if that includes Delta 8 THC products.


  • Minnesota

Delta 8 THC is illegal in Minnesota. Bill HF 4065 was sign in June 2022 which limits hemp-derived products to nor more than 0.3% total THC, essentially banning all hemp derived Delta 8 THC products.


  • Montana

Delta 8 THC is illegal in Montana. As of January 2021, both medical and recreational marijuana use is legal.


  • Nevada

With the passing of SB49, Delta 8 THC became illegal in Nevada.


Delta 8 is illegal in New York as of 2021.


  • North Dakota

Delta 8 and other isomers are considered THC with the passing of bill 1045, making Delta 8 THC illegal in North Dakota.


  • Oregon

All artificially derived cannabinoids have been banned in Oregon, which includes Delta 8, Delta 10, THC-O, and CBN.


  • Rhode Island

All types of THC have been banned in Rhode Island


  • Utah

All isomers of THC, including Delta 8 are banned in Utah.


  • Vermont

Vermont producers are banned from manufacturing Delta 8 THC from hemp, making Delta 8 THC illegal in Vermont.


Can I get in trouble for possessing Delta 8 THC?

Depending on the legality of Delta 8 in your state, if you are found to have broken any state or local laws pertaining to Delta 8 THC products, whether that be possession, usage, or sale of Delta 8, then you can be fully subject to any criminal charges that are associated with a controlled substance.


Penalties and fines for these infractions can and will vary depending on your location and situation. Be informed and use common sense when deciding whether or not you are going to possess and use Delta 8.


Can I fly with Delta 8 THC?

Yes, it is legal to fly with Delta 8, but there are a few things that are worth checking out before you do.


Since Delta 8 is hemp derived and contains a Delta 9 THC content of less than 0.3%, it is compliant with the 2008 Farm Bill and TSA policy. You should however keep in mind that some products will look more suspicious than others. Remember this when you pack your bags to avoid any unnecessary searches or headaches that may come with it.


Be aware of where you are traveling from and where you are traveling to. Just because Delta 8 may be legal in the state you are taking off from does not mean that it will be legal in the state you are landing in. If you are usure on this, please take a look at our full list of Delta 8 state regulations above.


How to Find Current Delta 8 THC Regulations in Your State?

If Delta 8 is legal in your state it is still important to do your research and be sure that the products that you are buying are federally compliant and are sourced from hemp and not marijuana. That can be the difference between a fully legal Delta 8 product and an illegal one.


Related: Learn if hemp derived Delta 9 is legal in your state. Learn about Marijuana laws in your state.


Verify their website contains the state registration number

Every company that is involved in the production of industrial hemp will be assigned a state registration number, or a hemp production license. This number is given to growers of industrial hemp by the USDA and is used to tie specific crops to that specific grower.


There are various rules and regulatory requirements associate with the growing and cultivating of hemp. There are also regulations as to what is considered hemp and not marijuana, a company having this information available will indicate that they are following the steps and processes necessary to maintaining quality and compliant hemp crops. Therefor employing quality manufacturing which indicates they are not cutting corners in any way.


Request to view their lab results documentation

Any company that produces Delta 8 products that is worth trusting will have full panel third-party lab testing available for all of their products. This is an essential step that no reputable company will skip over.


These lab test results are what will confirm that the product you purchase is not only hemp derived and federally compliant but will also indicate that there is not a presence of any heavy metals, pesticides, or any harmful chemical substances left over from the manufacturing process.


Use common sense

If state law allows for Delta 8 THC products, you can expect that they will be readily available to purchase and on display in most vape shops. If you are in an area where cannabis or marijuana is looked at as having no medical value, chances you will have a tougher time finding Delta 8.


Why Delta 8 is Controversial

Because Delta 8 THC and other cannabinoids are so new, they do fall into a legal grey area and the entire hemp industry operates in an unregulated market. Some consider Delta 8 THC to be of many totally naturally occurring cannabinoids.


This is not totally untrue, however the controversy surrounding Delta 8 is that most products on the market are considered semi-synthetic because many manufacturers synthesize Delta 8 distillate from hemp derived CBD oil.


Another major factor that adds to the Delta 8 controversy is the fact that it has psychoactive properties, and therefor has intoxicating effects. Many individuals are also concerned about public health and the potential health risks that may be associated with Delta 8.


Delta 8 THC products have not been evaluated or approved by the FDA for their safe use in any context. There is concern by some that these products may be marketed in a way that could potentially put public health at risk. These products should especially be kept out of reach of children and pets. 


Based on the FDA, the National Poison Control Centers have received 2,362 exposure cases of delta-8 THC products between the dates of January 1, 2021, to February 28, 2022.


Lasty, with any market with minimal regulation there is also always going to be a risk of companies who choose to employ shady business practices; from creating counterfeit versions of quality manufactured products to trademark infringement of reputable companies.


Buying Delta 8 THC Products

Depending on your state and local laws you may have the ability to purchase Delta 8 THC products at your local gas stations or convenience stores. Just be aware that these places might not be the most trustworthy sources.


Some quick google searches will show that many hemp-derived delta 8 THC products are also sold online in almost any form you desire. No matter where you purchase be sure that your purchase form a reputable source.


This is why we, at Everyday Delta, openly provide full panel third party lab testing on all products that we sell to ensure the safety of our customers. We also go out of our way to fully vet each and every brand before we ever put their products on our shelves. This ensures that you are getting only the absolute top tier products from the best companies in the industry at great prices.


Why is CBD Legal and Delta 8 THC Isn't Legal Everywhere?

CBD oil has gained in popularity ever since its introduction into the mainstream market. The reasons why are likely due to the fact that it is a great alternative option to cannabis and Delta 9. It offers many of the same therapeutic and potential health benefits as medical marijuana without the psychoactive effects. It is both considered legal by the federal government and by all 50 states.


One of the key differences between CBD and Delta 8 are the fact that Delta 8 does get you high and because they are considered intoxicating hemp products, they are often seen in a negative light. Even though the potential medical benefits of Delta 8 are often reported, the fact that it is psychoactive is what sets it apart and what keeps from being legal in all 50 states.



As you can see, there is a wide variety of legal status state-by-state across the US with the federal law considering Delta 8 to be legal. It is no doubt that this substance will continue to make headlines and only continue to grow in popularity.


Regardless of Delta 8's legal status, the demand is there, and it will likely not slow down any time soon. It's hard to argue with that as the potential benefits are obvious. Just be sure to know the laws at the federal level and your state law surrounding cannabis and marijuana before you decide to use either.




*By using this website, you agree to and are subject to the following Legal Disclaimer, which is part of our Terms of Service. 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.