Is Delta 8 THC
Legal?

The government made it clear regarding the legality of hemp when the 2018 Farm Bill was approved and set into law. However, when Delta 8 THC is in regard, the path may seem a little shaky to you. Do not fear, this magnificently psychoactive cannabinoid that does wonders for both the body and mind is one-hundred percent legal… in most states.

Is Delta 8 THC Legal?

To clear this up, we should first elaborate on the true definition of hemp under U.S. Code § 1639O.DEFINITIONS, which states the term “hemp” describes:

The Cannabis Sativa L. 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.
Another fascinating piece of information that confirms the legality of Delta 8 THC is when the United States banned by law all Cannabis (Marijuana) with the Controlled Substances Act. It stated that it would include all extracts, oils, and isomers. And then… came the 2018 Farm Bill, which amended the law, exempting all cannabinoids that are not Delta 9 THC and derived from hemp, which includes Delta 8 THC (since it is derived from hemp!)

Now that we’ve proven the legality of hemp, based on the laws set forth by the government, we can move onto the burning question — is Delta 8 THC legal?

Delta 8 THC is federally legal in all states, however, as of 01/26/2021, there are 11 states that have banned Delta 8 THC in their state laws. Please view the following list of states to find out if Delta 8 is legal in your state.

Delta 8 THC Legality State List

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. In other words, due to our busy schedule fulfilling your orders, we may not update this list as needed. Please, look up your state laws to ensure Delta 8 THC has remained legal in your state.

Alabama

Yes, Delta 8 THC is legal in Alabama.

Alaska

No, Delta 8 THC is illegal in Alaska.

Arizona

No, Delta 8 THC is illegal in Arizona.

Arkansas

No, Delta 8 THC is illegal in Arkansas.

California

Yes, Delta 8 THC is legal in California.

Colorado

No, Delta 8 THC is illegal in Colorado.

Connecticut

Yes, Delta 8 THC is legal in Connecticut.

Delaware

No, Delta 8 THC is illegal in Delaware.

Florida

Yes, Delta 8 THC is legal in Florida.

Georgia

Yes, Delta 8 THC is legal in Georgia.

Hawaii

Yes, Delta 8 THC is legal in Hawaii.

Idaho

No, Delta 8 THC is illegal in Idaho.

Illinois

Yes, Delta 8 THC is legal in Illinois.

Indiana

Yes, Delta 8 THC is legal in Indiana.

Iowa

No, Delta 8 THC is illegal in Iowa.

Kansas

Yes, Delta 8 THC is legal in Kansas.

Kentucky

Yes, Delta 8 THC is legal in Kentucky.

Louisiana

Yes, Delta 8 THC is legal in Louisiana.

Maine

Yes, Delta 8 THC is legal in Maine.

Maryland

Yes, Delta 8 THC is legal in Maryland.

Massachusetts

Yes, Delta 8 THC is legal in Massachusetts.

Michigan

No, Delta 8 THC is illegal in Michigan.

Minnesota

Yes, Delta 8 THC is legal in Minnesota.

Mississippi

No, Delta 8 THC is illegal in Mississippi.

Missouri

Yes, Delta 8 THC is legal in Missouri.

Montana

No, Delta 8 THC is illegal in Montana

Nebraska

Yes, Delta 8 THC is legal in Nebraska.

Nevada

Yes, Delta 8 THC is legal in Nevada.

New Hampshire

Yes, Delta 8 THC is legal in New Hampshire.

New Jersey

Yes, Delta 8 THC is legal in New Jersey.

New Mexico

Yes, Delta 8 THC is legal in New Mexico.

New York

Yes, Delta 8 THC is legal in New York.

North Carolina

Yes, Delta 8 THC is legal in North Carolina.

North Dakota

Yes, Delta 8 THC is legal in North Dakota.

Ohio

Yes, Delta 8 THC is legal in Ohio.

Oklahoma

Yes, Delta 8 THC is legal in Oklahoma.

Oregon

Yes, Delta 8 THC is legal in Oregon.

Pennsylvania

Yes, Delta 8 THC is legal in Pennsylvania.

Rhode Island

No, Delta 8 THC is illegal in Rhode Island.

South Carolina

Yes, Delta 8 THC is legal in South Carolina.

South Dakota

Yes, Delta 8 THC is legal in South Dakota.

Tennessee

Yes, Delta 8 THC is legal in Tennessee.

Texas

Yes, Delta 8 THC is legal in Texas.

Utah

No, Delta 8 THC is illegal in Utah.

Vermont

Yes, Delta 8 THC is legal in Vermont.

Virginia

Yes, Delta 8 THC is legal in Virginia.

Washington

Yes, Delta 8 THC is legal in Washington.

West Virginia

Yes, Delta 8 THC is legal in West Virginia.

Wisconsin

Yes, Delta 8 THC is legal in Wisconsin.

Wyoming

Yes, Delta 8 THC is legal in Wyoming.