Are you curious about the laws and regulations surrounding delta8 THC in your state? Every wonder, “Is Delta 8 Legal in …?” Then, you’re in the right place. Delta8 THC is one of the hottest topics in the cannabis world now, and as such, it has attracted the attention of regulators across the country. As a result, it can be quite confusing to navigate the patchwork of state laws ondelta 8, especially when there is so much inaccurate information on the internet. However, don’t worry. In this blog post, we’ll help you understand everything you need to know about Delta8 laws inyour state! Plus, we’ll give you links to every resource you’ll need.
What is Delta-8?
Before diving into state laws, let’s quickly understand what delta-8 is. Delta-8 THC is a minor cannabinoid naturally occurring in cannabis plants. It has been gaining popularity rapidly in recent years due to its psychoactive effects, which are similar to THC but much less regulated. It can be consumed in various forms, includingdelta 8 vape cartridges, edibles, and tinctures. Delta-8 THC is different from the commonly known delta-9 THC in that it produces a clearer, less anxious high, with fewer side effects.
Where to Buy Delta-8 THC
Before delving into laws and regulations around delta-8 THC, we’d recommend getting your delta-8 products from a reputable supplier. For example, Hemp Lively is a popular delta-8 supplier that offers a wide range of Delta8 THC products containing high-quality, third-party tested delta-8 THC extracts. Besides, they offer free shipping to all US states, making it an excellent choice if delta-8 is deemed legal in your state.
Understanding Delta 8 Laws
There are a few aspects to understand to navigate Delta 8 laws both on a national level and a state level. Each of these items below causes a ton of confusion when researching Delta 8 Laws online. We’ll break them down one-by-one.
Controlled Substance Act (CSA)
The controlled substance act lists all controlled substances. There’s a national CSA and then most states have adopted a mirror image of them. Within the CSA lists “tetrahydrocannabinols” (THC) as a Schedule I drug. Since it lists it as plural, technically it would also encompass Delta 8. Does this make Delta 8 a schedule I illegal drug? No. The 2018 Farm Bill trumps this.
2018 Farm Bill
The 2018 Farm Bill classified hemp products as any hemp-derived product that contains less than 0.3% Delta 9 THC. Therefore, a delta 8 gummy with 25mg of Delta 8 THC, if it contains less than 0.3% Delta 9 THC is legal and supersedes almost everything.
Hemp & Cannabis
When searching state laws about delta 8, another misconception is that “cannabis” laws apply to hemp products. It makes sense, since technically hemp is cannabis, right? No. When state laws refer to cannabis, they are referring to marijuana or medical marijuana statutes and laws and does not apply to hemp-derived products.
Synthetically Derived Cannabinoids
My favorite of all arguments it where state laws ban “synthetically derived” cannabinoids. Because most mass production of delta 8, a naturally occurring cannabinoid, is manufactured by converting CBD to Delta 8 THC. This is commonly done through a process called isomerization. Does this mean Delta 8 is a synthetic cannabinoid? No. Synthetic cannabinoids are cannabinoids not found in nature and are meant to refer to things like “Spice” or “K2”. There are hundreds of synthetic cannabinoids, delta 8 is not one of them.
Some states, however, have banned cannabinoids made specifically though isomerization. This, in concept would make most delta 8 extracts illegal in that state with one major problem. Because delta 8 is a naturally occurring cannabinoid, once it is converted, there’s absolutely no way to tell the difference between extracted delta 8 and delta 8 THC converted from CBD. Therefore, it’s impossible to enforce.
The above examples of how someone can misinterpret state delta 8 laws are more common than you think.
Where to get Up-to-Date Delta 8 Laws in your State?
In March of 2023, Hemp Lively researched, state by state, all delta 8 laws. And when starting online, found that there was not one accurate article about Delta 8 State laws on the first hundred pages of Google. Which is why, they put out the most accurate Delta 8 State Laws article around. Click the link to get to their article. There, you can select your state and get links to each state’s regulatory website to double check the most recent statutes, all in one place.
Inaccurate Information Overload
To see a really bad example of incorrect data, I’ve copied a major offender from the internet (below).
I repeat, THE BELOW STATE DELTA 8 LAWS LIST IS INNACURATE and only serves as an example of the bad information you’ll find just by reading a blog. Use the above link to get up to date Delta 8 Laws in your state.
- Alabama: In Alabama, delta-8 THC has been deemed illegal under the “Controlled Substance List” legislation.
- Alaska: Alaska’s hemp-derived delta-8 THC law is unclear, and there have been no explicit regulatory statements.
- Arizona: Delta-8 THC is legal in Arizona, but only if the Delta-9 THC content is under 0.3%.
- Arkansas: Arkansas has not taken a clear stance on the legality of delta-8 THC, but some local stores are selling delta-8 products.
- California: Delta-8 THC is legal in California for individuals aged 21 and above.
- Colorado: Delta-8 THC is legal in Colorado.
- Connecticut: Connecticut’s delta-8 THC laws are unclear, but some local stores are selling delta-8 products.
- Delaware: Delta-8 THC remains illegal in Delaware.
- Florida: Delta- 8 THC is legal in Florida.
- Georgia: As of May 2021, delta-8 THC is no longer legal in Georgia.
- Hawaii: Delta-8 THC is legal in Hawaii, but only if it is hemp-derived and has a delta-9 THC content of less than 0.3%.
- Idaho: Delta-8 THC is illegal in Idaho.
- Illinois: Delta-8 THC is legal in Illinois, but only if it is derived from hemp and contains less than 0.3% Delta-9 THC.
- Indiana: Indiana has not taken any clear stance on the legality of delta-8 THC, but some local stores are selling delta-8 products.
- Iowa: Delta-8 THC remains illegal in Iowa.
- Kansas: Delta-8 THC is illegal in Kansas.
- Kentucky: Delta-8 THC is legal in Kentucky, but only if it is hemp-derived and has less than 0.3% Delta-9 THC.
- Louisiana: Louisiana recently passed new legislation that made delta-8 THC illegal.
- Maine: Delta-8 THC is legal in Maine.
- Maryland: Maryland’s delta-8 THC laws remain unclear, but some stores are selling delta-8 products.
- Massachusetts: Massachusetts has not taken any clear stance on delta-8 THC yet.
- Michigan: Delta-8 THC is legal in Michigan.
- Minnesota: Delta-8 THC remains illegal in Minnesota.
- Mississippi: Mississippi’s delta-8 THC laws are unclear, but some local stores are selling delta-8 products.
- Missouri: Delta-8 THC is currently illegal in Missouri.
- Montana: Delta-8 THC remains illegal in Montana.
- Nebraska: Delta-8 THC is illegal in Nebraska.
- Nevada: Delta-8 THC is legal in Nevada.
- New Hampshire: Delta-8 THC is legal in New Hampshire.
- New Jersey: Delta-8 THC is legal in New Jersey, but only if it is derived from hemp and has less than 0.3% Delta-9 THC.
- New Mexico: Delta-8 THC is legal in New Mexico.
- New York: Delta-8 THC is legal in New York.
- North Carolina: Delta-8 THC remains illegal in North Carolina.
- North Dakota: Delta-8 THC remains illegal in North Dakota.
- Ohio: Delta-8 THC is legal in Ohio.
- Oklahoma: Delta-8 THC is legal in Oklahoma.
- Oregon: Delta-8 THC is legal in Oregon.
- Pennsylvania: Delta-8 THC is legal in Pennsylvania.
- Rhode Island: Delta-8 THC’s legality in Rhode Island is still unclear.
- South Carolina: Delta-8 THC remains illegal in South Carolina.
- South Dakota: Delta-8 THC is illegal in South Dakota.
- Tennessee: Delta-8 THC is currently illegal in Tennessee.
- Texas: Delta-8 THC is currently illegal in Texas.
- Utah: Delta-8 THC is illegal in Utah.
- Vermont: Delta-8 THC is legal in Vermont.
- Virginia: Delta-8 THC is legal in Virginia.
- Washington: Delta-8 THC is legal in Washington.
- West Virginia: The status of delta-8 THC in West Virginia is unknown.
- Wisconsin: Delta-8 THC is illegal in Wisconsin.
- Wyoming: Delta-8 THC is illegal in Wyoming.
In conclusion, Delta 8 is legal almost everywhere. Some states have placed some restrictions and others have placed licensing requirements. But, in most states, Delta 8 THC is legal to buy, sell, possess, manufacture, and distribute. Remember, regulations regarding delta-8 THC are continually evolving. Thus, we advise staying up to date with regulatory changes in your state and nationwide to catch any emerging trends that could impact delta-8 legality in the long run. As a best practice, visit Hemp Lively’s Delta 8 Laws article and use those links to verify it with the state’s regulatory website.