- States Delta-8 THC is Illegal
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississipi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Legal Disclaimer: View Here
We have compiled a list as of 4/19/2021 – based on our research this is what we have come up with as far as where Delta-8 THC is legal. Please always make sure to confirm with your own research for your particular county and state.
States Delta-8 THC is Illegal
*States in red is where Delta-8 THC is illegal
Hemp – Used to classify varieties of Cannabis that contain 0.3% or less Delta-9-THC content (by dry weight)
Marijuana – Used to classify varieties of Cannabis that contains more than 0.3% Delta-9-THC (by dry weight) and can induce psychotropic or euphoric effects on the user.
Delta-8 THC – Isomer of Delta-9 THC, both have the same chemical formula, but different, distinct structures.
Delta-9 THC – Chemical name for THC for the primary psychoactive ingredient in illicit, medical, and recreational marijuana.
ALABAMA
Delta-8 THC – Legal
Delta-9 THC – Legal
*<0.3% Delta-9 THC content (dry weight)
ALASKA
Delta-8 THC – Illegal
Delta-9 THC – Legal
*<0.3% Delta-9 THC content (dry weight)
ARIZONA
Delta-8 THC – Illegal
Delta-9 THC – Legal
*<0.3% Delta-9 THC content (dry weight)
*All licensees are subject to the collection of a representative sample of any Cannabis plant, hemp crop, or harvested hemp in possession of the licensee or licensee’s agent to determine the total concentration of Delta-9 THC as reported by a certified laboratory to ensure compliance with this article and any state or federal law, rule or order regulating Cannabis as an agricultural commodity.
ARKANSAS
Delta-8 THC – Illegal
Delta-9 THC – Legal
*<0.3% Delta-9 THC content (dry weight)
CALIFORNIA
Delta-8 THC – Legal (but combined THC laws)
Delta-9 THC – Legal
*A percentage of content of THC that is equal to or less than three-tenths of one percent of 0.3%
COLORADO
Delta-8 THC – Illegal
Delta-9 THC – Legal
*Containing a Delta 9 THC concentration of no more than three-tenths of one percent of 0.3% (dry weight)
CONNECTICUT
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
DELAWARE
Delta-8 THC – Illegal
Delta-9 THC – Illegal (Medical only)
FLORIDA
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
GEORGIA
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
HAWAII
Delta 8 THC – Legal
Delta 9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
*Fun Fact: The local term for THC is ‘pakalolo (crazy tobacco)
IDAHO
Delta-8 THC – Illegal
Delta-9 THC – Illegal
*The Idaho Attorney General considers hemp extracts with CBD to be a controlled substance unless its derived from an excluded part of the hemp plant AND contain no THC.
ILLINOIS
Delta-8 THC – Legal
Delta-9 THC – Legal
INDIANA
Delta-8 THC – Legal
Delta-9 THC – Illegal
IOWA
Delta 8 THC – Illegal
Delta 9 THC – Illegal (Medical only)
*The Iowa Department of Agriculture and Land Stewardship is in the process of developing a state plan to license and regulate the production of hemp. It was submitted to the USDA for approval on Dec. 11, 2019. It is not legal to grow, possess, buy, or sell hemp in Iowa until the USDA approves the state plan and the Department publishes notice of the approval in the Iowa Administrative Bulletin. Hemp production will likely not be legalized until the 2020 growing season at the earliest, depending on the timing of the review and approval process.
KANSAS
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
KENTUCKY
Delta-8 THC – Legal
Delta-9 THC – Illegal
LOUISIANA
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
MAINE
Delta-8 THC – Legal
Delta-9 THC – Legal
MARYLAND
Delta 8 THC – Legal
Delta 9 THC – Illegal (Medical only)
MASSACHUSETTS
Delta-8 THC – Legal
Delta-9 THC – Legal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
*Certification of Industrial Hemp through regulatory testing to ensure THC levels <0.3%
MICHIGAN
Delta-8 THC – Legal
Delta-9 THC – Legal
MINNESOTA
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
MISSISSIPPI
Delta-8 THC – Illegal
Delta-9 THC – Illegal
*Hemp is still classified as a Schedule 1 Controlled Substance
MISSOURI
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
MONTANA
Delta-8 THC – Illegal
Delta-9 THC – Illegal (Medical only)
NEBRASKA
Nebraska Hemp Farming Act – “All derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers from hemp are legal.
Controlled Substance Act 28-405 – “Tetrahydrocnnabinols naturally contained in a plant of the genus cannabis a Schedule 1 Drug.”
NEVADA
Delta-8 THC – Legal
Delta-9 THC – Legal
NEW HAMPSHIRE
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
NEW JERSEY
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
NEW MEXICO
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
NEW YORK
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
NORTH CAROLINA
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
NORTH DAKOTA
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
OHIO
Delta-8 THC – Legal
Delt- 9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
OKLAHOMA
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
OREGON
Delta-8 THC – Legal
Delta-9 THC – Legal
PENNSYLVANIA
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
RHODE ISLAND
Delta-8 THC – Illegal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of Hemp. However, Delta 8 falls under their definition of “THC” and makes it illegal for human consumption.
SOUTH CAROLINA
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
SOUTH DAKOTA
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
TENNESSEE
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
TEXAS
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
UTAH
Delta-8 THC – Illegal
Delta-9 THC – Illegal (Medical only)
VERMONT
Delta-8 THC – Legal
Delta-9 THC – Legal
VIRGINIA
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
WASHINGTON
Delta-8 THC – Legal
Delta-9 THC – Legal
*Uses combined THC law.
*CBD use is limited to oils and tinctures.
WEST VIRGINIA
Delta-8 THC – Legal
Delta-9 THC – Illegal
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
WISCONSIN
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
WYOMING
Delta-8 THC – Legal
Delta-9 THC – Illegal (Medical only)
*Legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta-9 THC.
