Is Delta Legal?
Is delta 8 legal where you live?
The laws surrounding cannabis in the United States are evolving every couple of months. Delta 8 is rarely named specifically in these laws — which makes the regulations unclear and often contradictory.
On the federal level, delta 8 is legal because it isn’t named directly as a restricted substance. This title goes only to the delta 9 version of THC.
Most state laws follow this ruling or have their own adaptations that can make delta 8 THC less accessible. Some consider any cannabinoid even remotely similar to delta 9 THC illegal by default; others maintain the specific prohibition of delta 9 THC only.
In this guide, we’ll cover the laws controlling delta 8 THC in each state and offer some insight into where delta 8 laws appear to be headed.
QUICK SUMMARY: IS DELTA 8 THC LEGAL WHERE I LIVE?
Only a handful of states address delta 8 THC directly, but every few months, a new bill is passed that blocks the sale of delta 8 THC locally. Most do so by simply including all versions of THC to the existing laws. States with this language in the law only permit edibles that contain no more than 0.3% delta 8 THC (or any form of THC) by weight. These changes work to ban concentrated delta 8 products like vapes, but allow for the sale of specially-formulated tinctures, gummies, and other edibles that remain below this 0.3% threshold.
So far, only one US state (Connecticut) has included delta 8 in its legal marijuana program.
At the moment, on a federal level. the consensus is that delta 8 THC is legal as long as two specific criteria are met:
1. The extraction must come from hemp plants rather than marijuana plants.
2. The total delta 9 THC content must be at or below a concentration of 0.3%
LEGAL STATUS OF DELTA 8 THC BY STATE:
| State | Details | Can Ship? | Relevant Bill |
|---|---|---|---|
| Alabama | Unrestricted | Yes | N/a |
| Alaska | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | SB27 |
| Arizona | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | SB1098 |
| Arkansas | Unrestricted | Yes | HB1640 |
| California | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | AB 45 |
| Colorado | ALL D8 Banned | No | No Official Law (Statement) |
| Connecticut** | Regulated | Yes - But Regulated | SB1201 |
| Delaware | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | SB266 |
| Florida | Unrestricted | Yes | N/A |
| Georgia | Unrestricted | Yes | N/A |
| Hawaii | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | HB1243 |
| Idaho | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | SB1246 |
| Illinois | Unrestricted | Yes | N/A |
| Indiana | Unrestricted | Yes | N/A |
| Iowa | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | Iowa Hemp Act |
| Kentucky | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | No Official Law (Statement) |
| Louisiana | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | Industrial Hemp Act |
| Maine | Unrestricted | Yes | N/A |
| Maryland | All D8 Banned | No | SB788 |
| Massachusetts | All D8 Banned | No | No Official Law (Statement) |
| Michigan | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | HB4517 |
| Minnesota | All D8 Banned | No | Statues of Substances Derived from Hemp |
| Mississippi | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | SB2725 |
| Missouri | Unrestricted | Yes | N/A |
| Montana | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | New Hemp Plan |
| Nebraska | Unrestricted | Yes | N/A |
| Nevada | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | SB49 |
| New Hampshire | Unrestricted | Yes | N/A |
| New Jersey | Unrestricted | Yes | N/A |
| New Mexico | Unrestricted | Yes | N/A |
| New York | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | S00854 |
| North Carolina | Unrestricted | Yes | N/A |
| North Dakota | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | HB1045 |
| Ohio | Unrestricted | Yes | N/A |
| Oklahoma | Unrestricted | Yes | N/A |
| Oregon | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | Oregon Hemp Law |
| Pennsylvania | Unrestricted | Yes | N/A |
| Rhode Island | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | Rhode Island Hemp Law |
| South Carolina | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | The South Carolina Hemp Program |
| South Dakota | Unrestricted | Yes | N/A |
| Tennessee | Unrestricted | Yes | N/A |
| Texas | Unrestricted | Yes | N/A |
| Utah | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | HB385 |
| Vermont | All D8 Banned | Yes - But Regulated | The Vermont Hemp Program |
| Virginia | Unrestricted | Yes | N/A |
| Washington | Only Gummies Are Legal (0.3% Limit) | Yes - But Regulated | The Washington Hemp Program |
| Washington D.C. | Unrestricted | Yes | N/A |
| West Virginia | Unrestricted | Yes | N/A |
| Wisconsin | Unrestricted | Yes | N/A |
| Wyoming | Unrestricted | Yes | N/A |
*Some states permit the sale of delta 8 THC, but only through registered dispensaries. We can’t legally ship to these states.