Where is Delta 8 THC Legal?

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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 contains 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, they 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 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 that 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: Local term for THC is ‘pakalolo (crazy tobacco)

IDAHO

Delta 8 THC – Illegal

Delta 9 THC – Illegal

*Idaho Attorney General considers hemp extracts with CBD to be a controlled substance unless its derived from excluded part of the hemp plant AND contains 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

Delta 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, 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.

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