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Where is Delta 8 THC legal in the United States?

Where is Delta 8 THC Illegal?

Delta 8 THC is a chemical compound extracted from the hemp and cannabis plants. It is chemically known as dronabinol and is a form of cannabinoid oil. Some consume it in edible or flower form while others consume it through vaporization or vaping.

It is a variant of Delta 9 THC. However, some consider it to have fewer or less potent psychoactive properties. It was first patented by Unimed Pharmaceuticals back in 1985, nearly 40 years ago.

However, is it legal or not?

Well, it’s complicated; but before you read, we will note, Delta 8 THC is legal in Tennessee.

Where is Delta 8 THC Illegal?

Where Is Delta 8 THC Illegal in the United States?
Girl holding some Delta 8 THC infused gummies

According to US Federal law, Delta 8 THC is considered a legal substance. Specifically, the version derived from the hemp plant is considered legal.

At the State level, things get a little more complicated. Some states have legalized it for medical use, but others have restricted it for all types of use. Others have banned it completely.

Where is Delta 8 THC Legal?

There are also certain states where you could be charged for the possession of Delta 8 THC.

Delta 8 THC is legal in these 33 states:

  1. Alabama
  2. California
  3. Florida
  4. Georgia
  5. Hawaii
  6. Illinois
  7. Indiana
  8. Kansas
  9. Maine
  10. Maryland
  11. Massachusetts
  12. Minnesota
  13. Missouri
  14. New Hampshire
  15. New Jersey
  16. New Mexico
  17. New York
  18. North Carolina
  19. North Dakota
  20. Ohio
  21. Oklahoma
  22. Oregon
  23. Pennsylvania
  24. South Carolina
  25. South Dakota
  26. Tennessee
  27. Texas
  28. Virginia
  29. Washington
  30. West Virginia
  31. Wisconsin
  32. Wyoming
  33. Washington, D.C.

There is little, if any, recourse from state level authorities if you are found with any edibles, flower or vape cartridges.

Where are Delta 8 Edibles or Delta 8 Vape Cartridges Regulated?

There are currently 3 States where Delta 8 THC is regulated just like recreational cannabis.


Connecticut State Law says products exceeding 0.3% THC by weight may only be sold by licensed retailers. They can’t be bought or sold on the street.

Products with THC content greater than 0.3% are available to patients on the Medical Marijuana program at approved dispensaries.


Any individual or organization selling products with Delta 8 THC must be registered with the Michigan Marijuana Regulatory Agency.


Vermont regulates hemp as an agricultural commodity. It has removed hemp and hemp products from the definition of marijuana. This means that Delta 8 THC is legal, but regulated in the state.

Where is Delta 8 THC Partially Legal?

The States listed below don’t share enough information for us to determine if Delta 8 THC is legal or not. This means they occupy a legal gray area.


Mississippi considers Delta-8 THC to be one of the products which appear in both marijuana and hemp marketplaces. It is a legal and controlled substance.


Delta 8 THC has been struck off the Controlled Substances Act. This leaves it in a legal gray area. Technically, it’s not considered regulated, legal, or illegal in Nebraska.


According to 260.850 and 218A.010 definitions of Cannabis products and cannabis derived chemicals, Delta 8 THC is a naturally occurring product. It is neither legal, illegal, or regulated in Kentucky.


According to the HOUSE BILL NO. 491 ACT NO.164. PART V. INDUSTRIAL HEMP Delta 8 THC was struck off from the Controlled Substances Act. Hence, it can be considered legal in Arkansas.

Where is Delta 8 THC Banned?

For all these states, you may assume that you can be charged for either the use or even the possession of Delta 8 THC. For most of these states, there are no possession limits either.


While Delta 8 THC was legal in the State of Nevada up to August, 2021, it was banned by the passage of SB 49.

Where is Delta 8 THC Banned in the United States?


According to Section 7 of the AS 11.71.900 Alaska Statutes, Delta 8 THC is illegal in Alaska.


According to TITLE 3 AGRICULTURE. CH. 2, ART. 4.1 INDUSTRIAL HEMP, Delta 8 THC is illegal in Arizona.


According to the ARKANSAS INDUSTRIAL HEMP ACT 2-15-401 Delta 8 THC is illegal in Arkansas.


According to the TITLE 18 CRIMINAL CODE. ARTICLE 18. UNIFORM CONTROLLED SUBSTANCES ACT OF 2013. PART 1 Delta 8 THC is illegal in Colorado.


According to the TITLE 16. CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT Delta 8 THC is illegal in Delaware.


According to HOUSE BILL NO. 122  Delta 8 THC is illegal in Idaho.


According to the CHAPTER 96 – HEMP from the AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT Delta 8 THC is illegal in Iowa.



Rhode Island

According to the CHAPTER 2-26 – HEMP GROWTH ACT Delta 8 THC is illegal in Arkansas. It classifies all THC isomers as Schedule I Controlled substances. Hemp is not exempt when intended for human consumption.


According to the RULE R68-22. INDUSTRIAL HEMP RESEARCH Delta 8 THC is illegal in Arkansas.

Is Delta 8 THC Going to Be Legalized in More States?

Are any states going to legalize Delta 8 THC?
United States on a map

Currently, there is a rigorous battle over the future of Delta 8 THC and its legality. Government agencies from the FDA to the DEA are involved in the battle.

However, unless there is a decision regarding it in the courts, the future of its legalization is murky. At the federal level, the laws are very clear. However, there are several state statutes which make the entire situation unnecessarily confusing.