Is Delta-8 THC Legal in Your State? 2022

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Is Delta 8 legal in your state? Earthy Select logo

Is Delta-8 legal?

Short answer, yes but the rules may depend on where you live. Delta-8 is a federally-legal THC product that’s being used by millions for therapeutic and restorative needs. It’s caught on so fast that some legislators are scrambling to keep up but others were well prepared. In this article we’ll look at where this popular THC cannabinoid is available to freely use and enjoy. Hint – order Delta-8 online! 

What is Delta-8?

First of all, Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which means it is a substance from the cannabis plant. There are hundreds of identified cannabinoids in the plant, and when a person consumes cannabinoids, they interact with the human endocannabinoid system. The endocannabinoid system involves the cannabinoids as neurotransmitters that affect cannabinoid receptors throughout the human body. ​​

The endocannabinoid system is still being researched, but it appears to be quite involved in human biology. Areas of influence include regulating physiological and cognitive processes, immune system activities, appetite, pain-sensation, mood, and memory, and in mediating the pharmacological effects of cannabis [1]. 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of hundreds of identified cannabinoids from the cannabis plant, and is the main psychoactive substance in cannabis. An isomer is one of two or more compounds that contain the same number of atoms of the same elements, but differ in structural arrangement and properties. 

In other words, chemically speaking, the molecule that makes these three types of THC is very similar. The only difference is where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, Delta-9 on the ninth carbon chain, and Delta-10 on the tenth. Research shows that Delta-8 and Delta-10 share some of the effects of Delta-9, though typically at lower levels.

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes called industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp. The definition includes that hemp and “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 basis” may be used for production, sales, transport, and use. Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These and other cannabinoids are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8, Delta-9, Delta-10 THC legal? 

To begin with, THC comes from the cannabis plant. For many years in the United States, cannabis was illegal whether or not it contained THC. In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. In contrast, cannabis with more than .3% Delta-9 THC per dry weight is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. The Farm Bill defines hemp as

Hemp.–The term `hemp’ means the plant Cannabis sativa 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 basis.

The THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant hemp. 

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How do you buy high quality Delta-8?

The processing standards of Delta-8 THC are crucial for its quality, safety and legality. Poor processing may lead to degradation of the compound, inaccurate potency, or harmful by-products. You should only purchase Delta-8 from producers who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. 

For the best reliability, producers should use third-party lab testing and be transparent about the results. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities are familiar with federal regulations. They can be trusted to ensure federal-compliance with Delta-8 and other hemp-derived products. 

Earthy Select provides the highest quality Delta-8 THC and offers third-party testing CoAs for each and every product from our velvety 100mg Delta-8 Gummies to our tasty Delta-8 THC Flower. 

Where is hemp-derived Delta-8 THC legal? 

All hemp-derived cannabinoids are federally-compliant based on the 2018 Farm Bill, so long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight. 

Some states are up front about Delta-8 being legal within their borders, and others are not. In states that are not transparent, contradictory regulations and lack of information cause uncertainty. Some states are still in the process of researching and writing their legislation, so they may be given more slack. Knowledge is power and the lack of clarity is confusing. 

The federal government allows hemp and hemp-derived Delta-8 THC products coast-to-coast.

It’s clear that the federal government allows hemp and hemp-derived Delta-8 THC products coast-to-coast and will not limit their transportation across state lines. But states still have the ability to limit Delta-8 or other cannabinoids within their borders. Additionally, there can be different levels of regulation for retail hemp operations and for wholesale hemp growers, transporters, and processors. For instance, operators on the wholesale side of things may be allowed to make and sell products and concentrations that are not allowed to be sold at retail. Retail stores may not be allowed to sell certain cannabinoids or products, but this is not the same as banning citizens’ possession of those products. 

Is Delta-8 allowed for medical or recreational use?

In states with medical or recreational adult use policies, the laws that govern marijuana are usually separate from hemp programs and overseen by different agencies. Just because a state’s marijuana program agency says Delta-8 is disallowed from its marijuana dispensaries, does not necessarily mean that Delta-8 is illegal in that state. It may only indicate that the state hasn’t yet been able to tax or monetize Delta-8 sales. 

It is important to remember that laws will continue to change as America learns to accept and love cannabis everywhere. So you should be aware of the laws where you live, or where you’re visiting, before purchasing or using hemp-based products like Delta-8. 

Which states allow hemp-derived Delta-8?

Most states allow Delta-8 if it is hemp-derived and contains less than .3% Delta-9 THC. Some states have limitations or regulations about what type of products are allowed to contain Delta-8,  but in most cases follow the federal policies from the Farm Bill. A few states are attempting to regulate hemp-derived cannabinoids the same as marijuana, through their adult-use or medical programs. Other states do not yet have a known policy covering Delta-8 or other cannabinoids. 

There have been attempts in some states to ban Delta-8 or other cannabinoids. If this happens in your state it’s important to know which state agency is doing so, and if it has the actual authority to regulate hemp products or law enforcement in your state. 

Stay informed about your rights but please remember that the legal climate around cannabis, CBD, Delta-8, and other cannabinoids can change, both federally and at the state level. You should always be aware of local legislation before making any purchases. 

State by State Legal Guide to Delta-8 

Below is a list of all the states (plus Washington D.C.!) in alphabetical order. Find your state to see how they treat Delta-8 within its borders. Remember that Delta-8 is federally-compliant, meaning it’s permitted in all 50 states by the U.S. government, but states can make their own rules. Remember you can order Earthy Select Delta-8 online for delivery coast to coast. 

Is Delta-8 legal in Alabama? 

Hemp-derived Delta-8 THC is legal in Alabama.

Alabama’s SB225 established state regulation of hemp production and removed hemp-derived THC from the controlled substance schedule. Senator Orr authored a measure to ban Delta-8 that failed in April 2021. He has stated he does not plan to reintroduce similar legislation [2]. The DEA sent a letter to the Alabama board of pharmacy in September reinforcing that cannabis with less than .3% Delta 9 THC is defined as hemp and is not a controlled substance [3]. Read the full article Is Delta-8 legal in Alabama?

Is Delta-8 legal in Alaska?

Hemp-derived Delta-8 is arguably legal in Alaska. 

Alaska has allowed adult recreational marijuana use since 2015 [26]. The state’s controlled substance list lists forms of tetrahydrocannabinols (THC) to be controlled substances “unless specifically excepted [25].” Since Alaska defines hemp as “all parts and varieties of the plant Cannabis sativa L. containing not more than 0.3 percent delta-9-tetrahydrocannabinol [24],” all hemp-derived products would appear to pass. Even so, some Alaska residents may not find Delta-8 at local retailers and ordering online may be the best bet.

The Alaska Department of Agriculture has approved Earthy Select Delta-8 distillate, and our products are registered with the Alaska Industrial Hemp program. Read the full article Is Delta-8 legal in Alaska?

Is Delta-8 legal in Arizona?

In Arizona hemp-derived Delta-8 is arguably legal. 

Adults in Arizona are permitted to have up to five grams of marijuana or any marijuana concentrate according to Arizona’s Prop 207 passed in 2020. That would seem to include Delta-8. Hemp-derived Delta-8 is outside the regulation of the marijuana program but consumers are not expected to face any issues [37]. If Arizona residents can’t find Delta-8 from retailers in their state, they may want to order online. Read the full article Is Delta-8 legal in Arizona?

Is Delta-8 legal in Arkansas?

Hemp-derived Delta-8 THC is questionably legal in Arkansas. 

In 2019, Arkansas introduced a hemp program and adopted the Farm Bill’s definition of hemp [27]. However, in 2021 Act 565 amended the 2019 hemp program rules to allow up to .3% total THC in hemp, as opposed to .3% Delta-9 THC. HB 1415 states that any tetrahydrocannabinols and derivatives and isomers thereof are Schedule IV controlled substances. The issue could use some clarity from Arkansas lawmakers. In the meantime, if Arkansas residents can’t find Delta-8 from retailers in their state, ordering online might be the solution. Read the full article Is Delta-8 legal in Arkansas?

Order Earthy Select Delta-8 THC Gummies

 

Is Delta-8 legal in California?

The legality of Delta-8 THC is unclear in California. The state may be preparing to regulate it like marijuana. 

California’s AB 45 was signed into law in October 2021. The bill allowed previously-forbidden hemp product sales but redefined hemp as cannabis containing less than .3% total THC, not just Delta-9 THC, essentially making Delta-8 products not allowed for retail sale in California [38]. California does allow adults 21 or older to legally possess up to 28.5 grams of marijuana, as well as up to 8 grams of cannabis concentrate. So the Delta-8 limits appear to be aimed at producers, rather than possession or consumption of Delta-8. California residents may not be able to purchase Delta-8 from retailers in their state. Ordering online may be the best bet. Read the full article Is Delta-8 legal in California?

Is Delta-8 legal in Colorado? 

Hemp-derived Delta-8 THC is arguably legal in Colorado. 

Despite the early adoption of medical and adult use recreational marijuana, Colorado is seemingly stricter with specific cannabinoids, at least within the state’s Marijuana Enforcement Division (MED). In 2021, a letter from the Department of Public Health & Environment issued a statement to hemp program participants stating MED’s position that modifying or converting cannabinoids from hemp is not compliant with the state’s hemp program (28). While this limits what MED licensees can do, it doesn’t seem to address possession or consumption of Delta-8. It also appears to be in opposition to the Farm Bill’s allowance of all hemp and hemp-derivatives with less than .3% Delta-9 THC. So even if Colorado residents cannot purchase Delta-8 from marijuana dispensaries, it is available online. Read the full article Is Delta-8 legal in Colorado?

Is Delta-8 legal in Connecticut?

In Connecticut Delta-8 THC is legal and regulated by the state. 

Connecticut’s SB 1201 passed in June 2021 and legalizes recreational marijuana to start in 2022, at which time adults will be able to purchase Delta-8 products with more than .3% THC at sanctioned dispensaries. The Bill added Delta-8 to the definition of THC and defines cannabis with more than .3% total THC as marijuana. Connecticut’s Cannabis Information portal says about Delta-8, “If your product label states a total THC or THC content of less than 0.3 percent on a dry-weight basis, your product likely complies with the law.” Read the full article Is Delta-8 legal in Connecticut?

Is Delta-8 legal in Delaware?

Hemp-derived Delta-8 THC does not appear to be legal in Delaware for now. 

Delaware’s Industrial Hemp Research Act defines hemp per the Farm Bill, but mainly for research. Delaware’s Controlled Substances Act states that “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” is a controlled substance (29). Delaware residents may not be able to purchase Delta-8 from retailers in their state, even though it is compliant with the federal Farm Bill. Ordering online may be the best bet. Read the full article Is Delta-8 legal in Delaware?

Is Delta-8 legal in Florida?

Hemp-derived Delta-8 THC is legal in Florida. 

There is a proposed bill in Florida (HB 679) which would change how hemp products are regulated, including making them available only to those over the age of 21, and requiring them to be registered with the Florida Department of Agriculture and Consumer Services (DACS) [4]. The bill is in the Professions & Public Health Subcommittee as of this writing [5]. Read the full article Is Delta-8 legal in Florida?

Is Delta-8 legal in Georgia?

Hemp-derived Delta-8 THC is legal in Georgia. 

You can legally use and possess delta-8 THC under state and federal law in Georgia. “Since all hemp products are considered an ‘agricultural commodity’ derived from legal hemp material, there are no limits to how much Delta-8 THC you can carry [45].” Read the full article Is Delta-8 legal in Georgia?

Is Delta-8 legal in Hawaii?

Hemp-derived Delta-8 THC is currently legal in Hawaii. 

Hawaii has decriminalized possession of less than 3 ounces of marijuana, and has a medical marijuana program. In August 2021 Chapter 11-37, Hawaii Administrative Rules put limits on which products can contain hemp-derived cannabinoids like Delta-8. Under these rules, cannabinoid products can be in tincture, soft-gel, capsule, powder, tablet or topical form [6]. Read the full article Is Delta-8 legal in Hawaii?

Is Delta-8 legal in Idaho?

Hemp-derived Delta-8 THC does not appear to be legal in Idaho for now. 

Idaho is very strict with cannabis and didn’t legalize hemp until April 2021 with HB 126, which states that all forms of THC or equivalents of cannabinoids are controlled substances. The raw cannabis plant can contain up to .3% Delta-9 THC per the Farm Bill, but all hemp and CBD products must have zero THC and be derived from one of five parts of the cannabis plant: mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the achene of the plant; any other compound, salt, derivative, mixture, or preparation of the mature stalks; or a sterilized seed of the plant incapable of germination, according to Idaho code S37-2701(t). Idaho residents may not be able to purchase Delta-8 from retailers in their state, even though it complies with the federal Farm Bill. Ordering online may be the best bet. Read the full article Is Delta-8 legal in Idaho?

Is Delta-8 legal in Illinois?

Hemp-derived Delta-8 THC is legal in Illinois. 

SB2298 established a hemp program for Illinois and defined hemp as cannabis with less than .3% Delta-9 THC “and includes any intermediate or finished product made or derived from industrial hemp.” State Representative Bob Morgan (D-Deerfield) introduced legislation in 2021 that would have required products with Delta-8, CBD and other cannabinoids to be tested and labeled, similar to  legal cannabis products. The bill passed the state House but failed in the Senate, and Morgan said he’s returned to the drawing board [7]. Read the full article Is Delta-8 legal in Illinois?

Is Delta-8 legal in Indiana?

In Indiana, hemp-derived Delta-8 THC is legal. 

Indiana’s 2019 SB 516 legalized hemp products with less than .3% Delta-9 THC, but did not allow smokable hemp. Plaintiffs filed a lawsuit in federal court to overturn the ban, but voluntarily suspended it in 2021, partly because at that time no known criminal charges had been brought against anyone for smokable hemp [8]. In 2021, lawmakers attempted to pass HB 1224, which “would repeal the state’s ban on smokable hemp flower and prevent hemp regulators from enforcing regulations that are stricter than federal laws [8].” It failed in the Senate but supporters feel that it will resurface and eventually pass. Read the full article Is Delta-8 legal in Indiana?

Is Delta-8 legal in Iowa?

It is unclear if hemp-derived Delta-8 THC is allowed in Iowa, it may depend on the type of product. 

Iowa’s Hemp Law allows hemp products with less than .3% Delta-9 THC in the state, but doesn’t allow inhalable hemp products. That legislation would appear to allow Delta-8 that fits those rules. That information is in conflict with an Iowa Hemp Law FAQ that states that “Iowa considers delta-8 not legal for possession or manufacture in Iowa.” Iowa is very strict with cannabis products. Iowa’s Chapter 124 list of controlled substances includes all types of THC, considering them illegal. Iowa residents may not be able to purchase Delta-8 from retailers in their state, even though it is federally-compliant. Ordering online may be the best bet. Read the full article Is Delta-8 legal in Iowa?

Is Delta-8 legal in Kansas?

It is unclear if hemp-derived Delta-8 THC is legal in Kansas.  

The state Legislature passed House Bill 2244 in May 2021, which “allows for the sale of full-spectrum CBD products and items made from hemp seed that are produced in the state. As a practical matter, that meant stores can sell delta-8 products [9].” In December 2021, the Attorney General issued an opinion statement saying that Delta-8 is allowed if it is contained in a lawful hemp product and has less than .3% total THC. The statement says possession of Delta-8 products that don’t comply is illegal. This prompted some stores to remove Delta-8 from their stock, so ordering online may be the best bet. Read the full article Is Delta-8 legal in Kansas?

Is Delta-8 legal in Kentucky?

Hemp-derived Delta-8 THC is arguably allowed in Kentucky. 

Kentucky Statute 260.850 defines hemp per the Farm Bill, as cannabis with less than .3% Delta-9 THC. The Statute seems to permit Delta-8 as a hemp-derived product, but there has been pushback. The state’s Department of Agriculture issued a letter in April 2021 that attempted to make the case that Delta-8 is still a controlled substance in Kentucky and also nationwide (40)! The department’s authority to do so is obviously in question and we are aware that Delta-8 is available at stores in the state. The best way to get Delta-8 in Kentucky may still be to order online. Read the full article Is Delta-8 legal in Kentucky?

 

Is Delta-8 legal in Louisiana? 

Hemp-derived Delta-8 THC is legal in Louisiana. 

In August 2021, lawmakers passed HB 640 which allows consumable hemp products made from hemp, defined as cannabis with less than .3% Delta-9 THC and with less than 1% total THC. One exception is that hemp products can’t be sold for inhalation. Products that fall under these guidelines are permitted [10]. Read the full article Is Delta-8 legal in Louisiana?

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Is Delta-8 legal in Maine?

Hemp-derived Delta-8 THC is legal in Maine. 

Maine allows hemp-derived cannabinoids like Delta-8 and has specific requirements that packaged goods need to have labels to show ingredients, source of hemp, batch numbers, and safety testing disclosure [11]. Read the full article Is Delta-8 legal in Maine?

Is Delta-8 legal in Maryland?

Hemp-derived Delta-8 THC is legal in Maryland. 

In 2019 Maryland passed HB 1123 that follows federal guidelines and allows hemp and hemp-derived products in the state. Read the full article Is Delta-8 legal in Maryland?

Is Delta-8 legal in Massachusetts?

Delta-8 is arguably legal In Massachusetts.

Adults are allowed to possess up to an ounce of marijuana in Massachusetts, and Massachusetts also allows hemp-derived products [43]. The Massachusetts Department of Agricultural Resources (MDAR) states in their Hemp in Massachusetts: FAQ that “we do not allow hemp-derived delta-8 THC products to be processed or sold in Massachusetts.” This is because MDAR considers Delta-8 produced at commercial quantities to be synthetic, and considers synthetically-derived cannabinoids to be controlled substances [42]. The statement does not necessarily limit possession of Delta-8, and appears to be directed to producers and retailers. Read the full article Is Delta-8 legal in Massachusetts?

Is Delta-8 legal in Michigan?

Delta-8 THC is legal and regulated in Michigan.

In 2021 Michigan passed HB 4517 and it defines THC to include all types and isomers of naturally or artificially sourced THC. It also defines hemp as cannabis with less than .3% total THC. Delta-8 products that fit the specs are allowed and can be purchased from licensed retailers. Michigan’s Regulation and Taxation of Marihuana Act passed in 2018 and allows persons age 21 and over to possess up to 2.5 ounces of cannabis in public.  Read the full article Is Delta-8 legal in Michigan?

Is Delta-8 legal in Minnesota?

Hemp-derived Delta-8 THC appears to be legal in Minnesota. 

Minnesota allows sales and use of hemp and hemp-derived products per federal definitions and guidelines, meaning made from cannabis containing less than .3% Delta-9 THC [12]. Statute 151.72, “Sale of Certain Cannabinoid Products,” allows specifically for the sale of “nonintoxicating cannabinoids” so some clarity from authorities would be helpful. Read the full article Is Delta-8 legal in Minnesota?

Is Delta-8 legal in Mississippi?

Hemp-derived Delta-8 THC is arguably legal in Mississippi. 

Mississippi’s 2020 SB 2725 allows hemp per the Farm Bill, referring only to a .3% limit of Delta-9 THC. This seems to allow for hemp-derived isomers like Delta-8. At odds is that Mississippi still lists all THCs, their synthetics, derivatives, and isomers, as controlled substances [39], but SB 2725 says THCs “do not include hemp or hemp products regulated under Sections 1 through 11 of this act.” Read the full article Is Delta-8 legal in Mississippi?

Is Delta-8 legal in Missouri?

Hemp-derived Delta-8 is legal in Missouri. 

Missouri’s hemp program aligns with the Farm Bill and products with less than .3% Delta-9 THC from hemp are permitted. In 2019, SB133 made clear that the Missouri Department of Agriculture doesn’t regulate the sale of hemp products. Read the full article Is Delta-8 legal in Missouri?

Is Delta-8 legal in Montana?

Hemp-derived Delta-8 THC is arguably legal in Montana.

In Montana, adults 21 and over may possess and use up to one ounce of marijuana with no criminal penalties, but the state is less clear about hemp and hemp-derived products. While Montana defined hemp as cannabis with less than .3% Delta-9 THC with 2021’s HB 701, the state still includes all THCs including Delta-8 as controlled substances. The law seems targeted at limiting what licensed marijuana dispensaries can sell, rather than possession of federally-compliant hemp-derived products. If Montana residents can’t find Delta-8 nearby, ordering online might be a convenient solution. Read the full article Is Delta-8 legal in Montana?

Is Delta-8 legal in Nebraska?

Hemp-derived Delta-8 THC is legal in Nebraska. 

Nebraska passed the Nebraska Hemp Farming Act in 2019, aligning its definition of hemp with federal policy, and removing hemp from the controlled substance list [13]. Read the full article Is Delta-8 legal in Nebraska?

Is Delta-8 legal in Nevada?

In Nevada hemp-derived Delta-8 THC is questionably legal. 

In Nevada, Adults 21 years and older can legally possess up to 1 ounce of cannabis and up to 1/8 of an ounce of concentrated cannabis (the separated resin, whether crude or purified, obtained from cannabis). So it is odd that in May 2021, Nevada passed SB 49 which defined hemp-derived products with more than .3% Delta-9 THC as marijuana. It also added Delta-8 and other cannabinoids to the definition of THC, all of which seems aimed at cannabis producers in the state, not necessarily at possession. Even so, Nevada residents may not be able to purchase Delta-8 from retailers in their state. Ordering online may be the best bet. Read the full article Is Delta-8 legal in Nevada?

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Is Delta-8 legal in New Hampshire?

Hemp-derived Delta-8 THC is legal in New Hampshire. 

New Hampshire passed HB 459 in 2019, by which the state follows the federal regulations about hemp,  and removed hemp and hemp products from the state’s controlled substance list [14]. Read the full article Is Delta-8 legal in New Hampshire?

Is Delta-8 legal in New Jersey?

Hemp-derived Delta-8 THC is legal in New Jersey. 

New Jersey passed the New Jersey Hemp Farming Act in 2019, removing hemp from the controlled substance lists and adopting the same definitions as the federal government. It states that “Cultivation, handling, processing hemp or hemp products (is) lawful.” Read the full article Is Delta-8 legal in New Jersey?

Is Delta-8 legal in New Mexico?

In New Mexico hemp-derived Delta-8 THC is legal. 

The New Mexico Hemp Program falls under NMAC 20.10.2 which uses the same definitions for hemp as the federal government, and removes it from the controlled substance list. Read the full article Is Delta-8 legal in New Mexico?

Is Delta-8 legal in New York?

Hemp-derived Delta-8 is arguably legal in New York. 

New York’s Marijuana Regulation and Taxation Act (MRTA) allows adults 21 years of age or older to buy and possess up to three ounces of cannabis flower and up to 24 grams of concentrated cannabis. In May 2021, New York amended its laws to limit NY licensed producers from using synthetic cannabinoids via isomerization in hemp products [31]. Regulations from New York’s Cannabis Control Board in November 2021 outlined guidelines for hemp cannabinoid products, including no inhalable product sales to minors. These and other rules seem targeted at regulating Delta-8 hemp products on par with the marijuana industry, rather than outlawing their possession or consumption. Even so, some New York residents may not be able to find Delta-8 at retailers, and ordering online may be the easiest way to get it. Read the full article Is Delta-8 legal in New York?

Is Delta-8 legal in North Carolina?

Hemp-derived Delta-8 THC is legal in North Carolina. 

North Carolina’s legal definition of hemp does not include the portion of the federal definition that reads “derivatives, extracts, isomers” but it does define it as “All parts and varieties of the cannabis plant” that contain less than .3% Delta-9 THC per dry weight [15]. The small difference may not matter—legal experts report no charges or prosecutions for hemp-derived Delta-8 as of late 2021 [16]. Read the full article Is Delta-8 legal in North Carolina?

Is Delta-8 legal in North Dakota?

Hemp-derived Delta-8 THC is questionably legal in North Dakota. 

In April 2021 North Dakota passed HB 1045 which changed the definition of hemp to mean cannabis with no more than .3% total THC, rather than only Delta-9 THC. It changed the definition of tetrahydrocannabinols (THC) to include Delta-8 and other isomers in Chapter 19-03.1, the Uniform Controlled Substances Act, but elsewhere the Act states that “Tetrahydrocannabinols do not include the allowable amount of total tetrahydrocannabinol found in hemp as defined in Chapter 4.1-18.1.” More clarity from the state would be helpful and if North Dakota residents aren’t able to find Delta-8 at retailers, they may want to order online. Read the full article Is Delta-8 legal in North Dakota?

Is Delta-8 legal in Ohio?

In Ohio hemp-derived Delta-8 THC is legal. 

Ohio’s SB57 defines hemp in alignment with the Farm Bill, making hemp and derivatives legal in the state. In June 2021 Ohio’s Medical Marijuana Control Program (MMCP) released guidelines for Delta-8 sold in medical marijuana dispensaries, but the MMCP doesn’t regulate products sold outside of dispensaries [17]. Read the full article Is Delta-8 legal in Ohio?

Is Delta-8 legal in Oklahoma?

Hemp-derived Delta-8 THC is legal in Oklahoma. 

In addition to using the Farm Bill’s definition of hemp, Oklahoma’s SB1033 specifically states that hemp-derived Delta-8 is not marijuana. Read the full article Is Delta-8 Legal in Oklahoma?

Is Delta-8 legal in Oregon?

Hemp-derived Delta-8 THC is legal in Oregon. 

In July 2021, the state’s HB3000 defined certain cannabinoids including Delta-8 as “adult use cannabinoids” and introduced some guidelines for them, including that they are not available to minors. Further rules may follow if the state wishes to regulate adult use cannabinoids similarly to marijuana. Read the full article Is Delta-8 Legal in Oregon? 

Is Delta-8 legal in Pennsylvania?

Hemp-derived Delta-8 THC is legal in Pennsylvania. 

Pennsylvania defines hemp the same as the Farm Bill, “The plant Cannabis sativa L., and any part of the plant” but omits the words “including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers.” However, all hemp products are allowed as long as they contain less than .3% Delta-9 THC [18]. Read the full article Is Delta-8 Legal in Pennsylvania? 

Is Delta-8 legal in Rhode Island?

In Rhode Island hemp-derived Delta-8 THC is questionably legal. 

In 2019 Rhode Island passed H5151 making hemp and hemp-derived products legal, and adopting the Farm Bill’s definition. Reasonably that would include Delta-8. However, the state includes all tetrahydrocannabinols and THC isomers including Delta-8 on its controlled substances list for now [33]. Until they figure it out, residents may not find Delta-8 at all retail stores and may want to order online. Read the full article Is Delta-8 Legal in Rhode Island? 

Is Delta-8 legal in South Carolina?

Hemp-derived Delta-8 THC seems to be legal in South Carolina. 

2017’s H 3559 established a hemp program and adopted federal definitions of hemp, allowing hemp and hemp-derived products with less than .3% Delta-9 THC. 2019’s H 3449 added regulations for hemp producers in the state. Given these facts, it is odd that in late 2021, the state’s attorney general released a non-legally binding opinion letter making a claim that Delta-8 is illegal. The attorney general was issued a statement from cannabis law experts with the position that Delta-8 is legal, but was evidently not convinced. Hemp industry insiders report Delta-8 production is happening in South Carolina and think the state is poised to embrace and legalize Delta-8 soon. Until that happens some residents may not find Delta-8 at local retailers so ordering online could be the best solution. Read the full article Is Delta-8 Legal in South Carolina?

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Is Delta-8 legal in South Dakota?

In South Dakota hemp-derived Delta-8 THC is legal. 

In 2020 HB1008 adopted the federal definition of hemp and allows for hemp and hemp-derived products with less than .3% Delta-9 THC. Read the full article Is Delta-8 legal in South Dakota?

Is Delta-8 legal in Tennessee?

Hemp-derived Delta-8 THC is legal in Tennessee.

Tennessee passed HB 357 in 2019, which adopted the Farm Bill definition of hemp and removed it from controlled substance schedules. Read the full article Is Delta-8 Legal in Tennessee?

Is Delta-8 legal in Texas?

Hemp-derived Delta-8 THC is legal in Texas. 

In 2019 HB 1325 established a hemp program and defined hemp as having less than .3% Delta-9 THC, per the Farm Bill. Two Bills attempted to ban Delta-8 in Texas in 2021 (HB 3498 and HB 2593) but failed. Additionally, in 2021, the Texas Department of State Health Services (DSHS) filed a motion with the Texas Supreme Court to ban Delta-8 but it was denied [19]. Read the full article Is Delta-8 Legal in Texas?

Is Delta-8 legal in Utah?

Hemp-derived Delta-8 THC is questionably legal in Utah. 

Utah residents may not be able to purchase Delta-8 from retailers in their state. Ordering online may be the best bet. Utah follows the Farm Bill definition of hemp, except that it limits hemp to contain less than .3% total THC, rather than only measuring Delta-9 THC. The state also still includes all tetrahydrocannabinols, including isomers of THC,  to be controlled substances [34]. Clarity on these seemingly at-odds positions would be appreciated. Read the full article Is Delta-8 Legal in Utah?

Is Delta-8 legal in Vermont?

Hemp-derived Delta-8 THC is arguably legal in Vermont. 

The Farm Bill legalized hemp and its derivatives with less than .3% Delta-9 THC per dry weight. The Vermont Agency of Agriculture, Food and Markets (VAAFM) issued a statement in April 2021 saying that Delta-8 is not permitted within the state’s hemp program. The VAAFM said that naturally occurring Delta-8 is OK, but Vermont producers cannot manufacture Delta-8 from hemp [35]. This appears to allow Delta-8. In an apparent scare-tactic, the VAAFM says “In addition, delta-8-THC manufactured from hemp may be a controlled substance under federal and/or State law.” This vague statement is unhelpful; the state should clarify its own rules and to the federal point, the claim contradicts the Farm Bill which removed hemp and derivatives as a controlled substance. Some Vermont residents may not be able to purchase Delta-8 from retailers and may want to order online. Read the full article Is Delta-8 Legal in Vermont?

Is Delta-8 legal in Virginia?

In Virginia hemp-derived Delta-8 THC is legal. 

Virginia Code § 3.2-4112 defines hemp apart from marijuana, per the Farm Bill. Legislators in the state have said they plan on introducing regulations requiring testing and age limits [20]. Read the full article Is Delta-8 Legal in Virginia?

Is Delta-8 legal in Washington?

In Washington hemp-derived Delta-8 THC is arguably legal. 

Hemp and hemp-derivatives are excepted from Washington’s controlled substances schedule, plus Initiative 502 allows adults in Washington to possess marijuana. In September 2021, the Washington Liquor and Cannabis Board stated that licensed processors are not allowed to convert CBD or hemp into Delta-8 THC, and products with Delta-8 converted from CBD are prohibited from sale at licensed retailers [36]. Products from out of state or otherwise produced by non-licensed entities were not addressed; nor were possession and consumption of Delta-8. The rules seem mainly targeted at producers rather than consumers. If Washington residents can’t find Delta-8 from retailers in their state, ordering online may be the best bet. Read the full article Is Delta-8 THC Legal in Washington?

Is Delta-8 legal in Washington D.C.?

Hemp-derived Delta-8 THC is legal in Washington D.C. 

The U.S. Congress has jurisdiction over Washington D.C. [21] and its 2018 Farm Bill defined hemp as cannabis with less than .3% Delta-9 THC, and removed it from the federal controlled substance schedule. Read the full article Is Delta-8 Legal in Washington D.C.?

Is Delta-8 legal in West Virginia?

Hemp-derived Delta-8 THC is legal in West Virginia. 

The West Virginia Department of Agriculture defines hemp and its derivatives the same as the federal government does, allowing Delta-8 products from hemp [22]. Read the full article Is Delta-8 Legal in West Virginia?

Is Delta-8 legal in Wisconsin?

In Wisconsin hemp-derived Delta-8 THC is legal. 

Chapter 961 of the Wisconsin’s Uniform Controlled Substances Act states that THC from hemp is not a controlled substance [23]. Read the full article Is Delta-8 Legal in Wisconsin?

Is Delta-8 legal in Wyoming?

Hemp-derived Delta-8 THC is legal in Wyoming. 

In 2019, Wyoming’s HB 0171 removed hemp from controlled substances schedules and allowed hemp and hemp derivatives with less than .3% Delta-9 THC. Read the full article Is Delta-8 Legal in Wyoming?

Final thoughts on is Delta-8 THC legal in your state? 

We’ve seen that the legal landscape for Delta-8 across our vast country varies widely, and can change quickly. We’ve also seen much consumer demand for Delta-8, and support for it from citizens and lawmakers. We are optimistic that as more states come onboard with cannabis generally, the availability of Delta-8 HC will increase and the stigma against it in certain states will end. 

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to,    constitute legal advice or reliable statements of the status of any laws. We attempt to be accurate and up to date but the legality of cannabinoids is evolving. The author is not a lawyer or a legal expert. You should check with your local authorities before buying or using any products.

References

  1. https://en.wikipedia.org/wiki/Endocannabinoid_system
  2. https://www.apr.org/news/2021-09-16/growing-marijuana-in-alabama
  3. https://www.marijuanamoment.net/dea-emboldens-delta-8-hemp-businesses-by-signaling-that-the-cannabinoid-is-federally-legal/
  4. https://www.tampabay.com/news/florida-politics/2021/12/01/could-delta-8-marijuana-products-soon-be-a-thing-of-the-past-in-florida/
  5. https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=74804
  6. https://www.laweekly.com/hawaii-bans-cannabinoid-based-gummies-and-smokable-hemp-products/
  7. https://chicago.suntimes.com/cannabis/2021/9/15/22676535/delta-8-diet-weed-cdc-warning-illinois-marijuana-cannabis-thc-delta-9-hemp
  8. https://www.hempgrower.com/article/indiana-smokable-hemp-ban-lawsuit-cy-wholesale-holcomb/
  9. https://themercury.com/news/delta-8-legal-thc-products-available-in-manhattan-due-to-state-law-loophole/article_8ec31cbd-552b-52e3-a63d-4f20dfde4046.html
  10. https://cbdthinker.com/delta-8-thc-legal-louisiana/
  11. https://content.govdelivery.com/accounts/MEDACF/bulletins/2eaf9fa
  12. https://www.revisor.mn.gov/statutes/cite/151.72
  13. https://nda.nebraska.gov/regulations/plant/NebraskaHempFarmingAct.pdf
  14. http://www.gencourt.state.nh.us/rsa/html/xxx/318-b/318-b-mrg.htm
  15. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_106/GS_106-568.51.pdf
  16. https://nccriminallaw.sog.unc.edu/delta-8-thc-and-beyond/?utm_source=dlvr.it&utm_medium=twitter
  17. https://www.news5cleveland.com/news/local-news/ohio-attempts-to-regulate-delta-8-thc-in-medical-marijuana-products
  18. http://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/028/chapter1141/s1141.21.html&d=reduce
  19. https://www.dallasobserver.com/news/delta-8-still-legal-after-texas-supreme-court-decision-13011135
  20. https://vpm.org/news/articles/25117/with-legal-weed-hard-to-buy-in-virginia-delta-8-fills-the-void
  21. https://en.wikipedia.org/wiki/District_of_Columbia_home_rule
  22. https://agriculture.wv.gov/https://agriculture.wv.gov/divisions/plant-industries/industrial-hemp/
  23. https://docs.legis.wisconsin.gov/statutes/statutes/961/II/14/4/t
  24. http://www.legis.state.ak.us/basis/statutes.asp#03.05.100
  25. http://www.legis.state.ak.us/basis/statutes.asp?media=print&secStart=11.71&secEnd=11.71.900
  26. https://en.wikipedia.org/wiki/Cannabis_in_Alaska#Recreational_legalization_(2014)
  27. https://www.agriculture.arkansas.gov/wp-content/uploads/2020/06/Arkansas-Industrial-Hemp-Research-Program-Rules-AR-Hemp-Act.pdf
  28. https://www.denvergov.org/files/assets/public/public-health-and-environment/documents/phi/dehs_mfdfd_industrialhemp_delta8_notice_cdphe_logo_051421.pdf
  29. https://delcode.delaware.gov/title16/c047/sc02/index.html
  30. https://montanafreepress.org/2021/11/18/montana-overturns-cbd-ban/
  31. https://regs.health.ny.gov/sites/default/files/proposed-regulations/Cannabinoid%20Hemp_0.pdf
  32. https://www.marijuanamoment.net/new-york-marijuana-regulators-approve-rules-for-hemp-flower-sales-delta-8-thc-and-more/
  33. http://webserver.rilin.state.ri.us/Statutes/TITLE21/21-28/21-28-2.08.htm
  34. https://le.utah.gov/xcode/Title58/Chapter37/C58-37_1800010118000101.pdf
  35. https://agriculture.vermont.gov/hemp-program/manufacture-delta-8-thc-or-its-use-hemp-products-permitted-under-vermont-hemp-program
  36. https://content.govdelivery.com/accounts/WALCB/bulletins/2f0582c
  37. https://www.phoenixnewtimes.com/marijuana/is-delta-8-thc-legal-in-arizona-that-depends-11591246
  38. https://vicentesederberg.com/insights/california-ab45-allowing-manufacture-sale-hemp-derived-products-cbd/
  39. https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=92e72e8d-8670-429f-887a-40a30362576e&config=00JABhZDIzMTViZS04NjcxLTQ1MDItOTllOS03MDg0ZTQxYzU4ZTQKAFBvZENhdGFsb2f8inKxYiqNVSihJeNKRlUp&pddocfullpath=/shared/document/statutes-legislation/urn:contentItem:6281-09S3-GXJ9-30WC-00008-00&pdcontentcomponentid=234190&pdteaserkey=sr0&pditab=allpods&ecomp=_ss_kkk&earg=sr0&prid=1f361c34-d57a-4c96-80a8-4c48c09e09b1
  40. https://i.redd.it/oz4ymuxtf7u61.jpg
  41. https://spectrumnews1.com/ky/louisville/news/2021/07/17/kentucky-hemp-association-files-injunctions
  42. https://www.mass.gov/guides/hemp-in-massachusetts-faqs
  43. https://www.mass.gov/info-details/faqs-sale-of-hemp-derived-products-in-the-commonwealth
  44. https://hayspost.com/posts/9397fb25-5dc6-4443-a340-6aae96abc594
  45. https://www.danielstaylor.com/blog/2021/july/is-delta-8-thc-legal-in-georgia-/

Frequently Asked Questions

 

What is a COA?

A certificate of analysis (COA) is a document issued by a laboratory, attesting to a product’s analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. It is a useful tool for cannabis producers and customers to ensure quality and trust. 

What are the real effects of Delta-8?

When using Delta-8, Delta-9, and Delta-10 THC products, users report feelings of relaxation, euphoria, creativity, focus and pleasure. Some people like to compare the effects to those of traditional adult-use cannabis products. 

The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

How much Delta-8 should you take?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. While our products have a suggested dosage listed on each package, the strength of the effects on a particular person will be different depending on a few things: the dosage level, body weight, food or other substances in the system, personal body chemistry, and experience level or tolerance of THC.

Generally speaking,  it is recommended that you start with the lowest dose, ie. 5mg to 10mg, and gradually increase it until you reach satisfactory results. Consult your healthcare provider with specific questions about using any therapeutic products. 

Can I order Delta-8 online for delivery?

Yes! Delta-8 and other hemp-derived products with less than .3% Delta-9 THC are federally legal to ship across state lines. Certain states have limitations within their borders, and these can change. You should stay aware of your local regulations, and let your representatives know your community’s thoughts on cannabis! 

Will Delta-8 show up on a drug test?

Yes. It will depend on dosage size and regularity of use, but there is a risk of failing a drug test. Drug tests for marijuana generally identify THC or its metabolites, and Delta-8 THC can make a person fail a drug test. If you anticipate taking a drug test, we suggest checking with your employer or test administrator for clarity prior to taking Delta-8 or any full spectrum products.