Delta 8 THC, a cannabinoid known for its psychoactive effects, has become a topic of legal debate across various states in the United States. Its legality varies from state to state, with some allowing it without restrictions, while others have banned it or imposed certain limitations. Here’s a comprehensive overview of Delta 8 THC legality in each state:
Alabama – Unrestricted ✅
Delta 8 THC is legal in Alabama, except for delta 9 THC isomers. Alabama has strict marijuana laws, and getting caught with delta 9 THC can lead to a suspension of your driver’s license for up to 6 months.
Alaska – Only Gummies Legal 🍬 (0.3% Limit)
In Alaska, only edibles containing no more than 0.3% total Delta 8 THC remain legal. Delta 8 THC was outlawed in 2018 in response to federal hemp legalization, but the law was later amended to allow products below the 0.3% limit. The state is expected to align its Delta 8 laws with recreational marijuana regulations in the future.
Arizona – Only Gummies Legal 🍬 (0.3% Limit)
Delta 8 THC products containing more than 0.3% THC are not fully legal in Arizona. However, with the recent legalization of recreational marijuana in the state, Delta 8 THC regulations may change soon.
Arkansas – All D8 Banned 🚫
Arkansas has strict marijuana regulations, allowing legal use only with a medical license. Delta 8 THC and other psychoactive cannabinoids are unlikely to become legal in the state anytime soon, barring federal policy changes.
California – Unrestricted ✅
California permits Delta 8 THC for both medical and recreational use. It is the home to many Delta 8 THC companies due to its relaxed cannabis regulations.
Colorado – All D8 Banned 🚫
Delta 8 THC is banned in Colorado due to the state’s prohibition of synthetic or synthetically-derived THC products. Some exceptions exist for Delta 8 THC made from aged marijuana plants, but these products are relatively low in purity and cost.
Connecticut – Regulated ⚖️
Connecticut recently approved adult-use recreational marijuana, allowing Delta 8 THC purchase for individuals over 21. However, products are only available through registered retail shops (dispensaries).
Delaware – Only Gummies Legal 🍬 (0.3% Limit)
Delaware law permits edibles with no more than 0.3% Delta 8 THC. Marijuana products have been decriminalized in the state, leading to tickets instead of jail sentences for possession.
Florida – Unrestricted ✅
Delta 8 THC made from hemp containing less than 0.3% delta 9 THC is legal in Florida. Delta 9 THC is banned, but all other cannabinoids, including Delta 8, are permitted.
Georgia – Unrestricted ✅
Delta 8 products sourced from hemp and containing less than 0.3% delta 9 THC are legal in Georgia. With a medical license, the limit increases to 5% delta 9 THC.
Hawaii – Only Gummies Legal 🍬 (0.3% Limit)
Hawaii recently decriminalized marijuana, removing penalties for possession. The state allows hemp-derived products as long as they contain no more than 0.3% delta 9 THC. Gummies are a popular choice to meet this criteria.
Idaho – Only Gummies Legal 🍬 (0.3% Limit)
Edibles containing no more than 0.3% Delta 8 THC are legal in Idaho. The state strictly prohibits all tetrahydrocannabinol, except products within the 0.3% limit.
Illinois – Unrestricted ✅
Illinois permits Delta 8 THC, with no official laws banning the compound. Public statements from the Illinois Department of Agriculture are not accepted forms of legislation.
Indiana – Unrestricted ✅
Indiana law considers only delta 9 THC isomers illegal, with no mention of delta 8. Delta 8 THC products made from hemp containing less than 0.3% delta 9 THC are technically legal in Indiana.
Iowa – Only Gummies Legal 🍬 (0.3% Limit)
Edibles with no more than 0.3% Delta 8 THC remain legal in Iowa. The state is known for its strict stance on psychoactive substances, and any THC above the federal limit of 0.3% is prohibited.
Kansas – Only Gummies Legal 🍬 (0.3% Limit)
Kansas charges people with a misdemeanor for possession of marijuana products containing delta 9 THC. This specificity in the law makes it favorable for other forms of THC, including Delta 8. Products with delta 9 THC content below 0.3% are legal.
Kentucky – Only Gummies Legal 🍬 (0.3% Limit)
Kentucky bans Delta 8 THC concentrations over 0.3%. However, changes in laws may be on the horizon to support the local hemp industry.
Louisiana – Only Gummies Legal 🍬 (0.3% Limit)
Louisiana considers hemp-derived products legal if they contain no more than 0.3% delta 9 THC. The state’s regulations do not mention delta 8 or delta 10 THC.
Maine – Unrestricted ✅
All forms of cannabis, including Delta 8 and Delta 9 THC, are legal in Maine.
Maryland – All D8 Banned 🚫
Maryland decriminalized marijuana possession but does not allow the sale of Delta 8 THC in the region.
Massachusetts – All D8 Banned 🚫
Delta 8 THC was recently clarified as a controlled substance in Massachusetts, regardless of its source.
Michigan – Only Gummies 🍬 (0.3% Limit)
Michigan legalized marijuana recently, but Delta 8 THC remains listed as a banned substance. There is uncertainty in the state’s regulations regarding Delta 8.
Minnesota – All D8 Banned 🚫
Minnesota prohibits Delta 8 THC in all forms, with stricter laws compared to many other states.
Mississippi – Only Gummies 🍬 (0.3% Limit)
Mississippi specifically bans Delta 8 THC and several other THC isomers, allowing only products below the 0.3% THC limit.
Missouri – Unrestricted ✅
Missouri considers all hemp products legal and has decriminalized marijuana. The state permits Delta 8 THC products made from hemp as long as delta 9 THC content is below 0.3%.
Montana – Only Gummies 🍬 (0.3% Limit)
Delta 8 THC became legal in Montana in 2021, but a conflicting law bans its sale in concentrations matching delta 9 THC (0.3%).
Nebraska – Unrestricted ✅
Delta 8 THC is legal in Nebraska under the 2018 Farm Bill, allowing derivatives, extracts, and cannabinoids of the hemp plant as long as delta 9 THC content does not exceed 0.3%.
Nevada – Only Gummies 🍬 (0.3% Limit)
Nevada tightly regulates Delta 8 products as “THC products,” regardless of their origin. Even if Delta 8 is made from hemp, it is subject to strict regulations.
New Hampshire – Unrestricted ✅
Delta 8 THC products are legal in New Hampshire. The state laws are favorable toward hemp and hemp-derived cannabinoids like Delta 8.
New Jersey – Unrestricted ✅
New Jersey recently legalized adult-use recreational marijuana, allowing Delta 8 THC. Hemp-derived products are legal, but the state has its own regulatory framework.
New Mexico – All D8 Banned 🚫
New Mexico banned Delta 8 THC, along with other psychoactive substances, despite its relaxed approach to recreational marijuana.
New York – Unrestricted ✅
New York has legalized marijuana and allows Delta 8 THC for recreational and medical use.
North Carolina – Unrestricted ✅
Delta 8 THC products derived from legal hemp sources and containing less than 0.3% delta 9 THC are permitted in North Carolina.
North Dakota – Unrestricted ✅
Delta 8 THC products are legal in North Dakota, following the federal 0.3% delta 9 THC limit.
Ohio – Unrestricted ✅
Ohio allows Delta 8 THC products, including edibles and vape cartridges. However, the state specifies that the delta 9 THC concentration must be less than 0.3%.
Oklahoma – Unrestricted ✅
Delta 8 THC is legal in Oklahoma as long as it is hemp-derived and adheres to the 0.3% delta 9 THC limit.
Oregon – Unrestricted ✅
Oregon permits Delta 8 THC for both recreational and medical use, aligning with the state’s liberal cannabis laws.
Pennsylvania – Unrestricted ✅
Delta 8 THC is legal in Pennsylvania if it meets the federal delta 9 THC limit of 0.3%. The state supports a wide range of hemp and CBD products.
Rhode Island – Unrestricted ✅
Rhode Island allows Delta 8 THC for both medical and recreational use, with no specific restrictions.
South Carolina – Only Gummies 🍬 (0.3% Limit)
South Carolina enforces a 0.3% delta 9 THC limit, effectively making only Delta 8 THC edibles legal under current regulations.
South Dakota – All D8 Banned 🚫
South Dakota strictly prohibits Delta 8 THC and most other cannabinoids.
Tennessee – Unrestricted ✅
Delta 8 THC products are legal in Tennessee, as long as they are derived from hemp and contain less than 0.3% delta 9 THC.
Texas – Unrestricted ✅
Delta 8 THC is legal in Texas, provided it adheres to the federal 0.3% delta 9 THC limit.
Utah – Unrestricted ✅
Delta 8 THC is legal in Utah as long as it is hemp-derived and contains less than 0.3% delta 9 THC.
Vermont – Unrestricted ✅
Vermont allows Delta 8 THC products under its progressive marijuana laws.
Virginia – Unrestricted ✅
Virginia permits Delta 8 THC, with favorable regulations for hemp-derived products.
Washington – Unrestricted ✅
Washington allows Delta 8 THC, aligning with its permissive marijuana regulations.
West Virginia – Only Gummies 🍬 (0.3% Limit)
West Virginia follows the federal 0.3% delta 9 THC limit for Delta 8 THC products, effectively allowing only edibles.
Wisconsin – Unrestricted ✅
Delta 8 THC products are legal in Wisconsin, following the federal 0.3% delta 9 THC limit.
Wyoming – Unrestricted ✅
Delta 8 THC is legal in Wyoming if derived from hemp and containing less than 0.3% delta 9 THC.
- Please note that Delta 8 THC laws can change, so it’s important to stay informed about the latest regulations in your area. The information provided here is accurate as of my last knowledge update in January 2022, and legal statuses may have evolved since then. Always check with your state’s official resources or legal experts for the most up-to-date information.