Is Delta-8 THC Legal
Is Delta-8 legal where you live?
The laws surrounding cannabis in the United States are evolving every couple of months. Delta 8 is rarely named specifically in these laws — which makes the regulations unclear and often contradictory.
On the federal level, delta 8 is legal because it isn’t named directly as a restricted substance. This title goes only to the delta 9 version of THC.
Most state laws follow this ruling or have their own adaptations that can make delta 8 THC more accessible, or less accessible.
In this guide, we’ll cover the laws controlling delta 8 THC in each state and offer some insight into where delta 8 laws appear to be headed.
QUICK SUMMARY: IS DELTA 8 THC LEGAL WHERE I LIVE?
No US state addresses delta 8 THC directly. It all comes down to semantics in the way the regulations are worded.
Some states mention delta 9 tetrahydrocannabinol specifically, others group all tetrahydrocannabinols together. This is the main factor in determining whether D8 THC is legal or illegal for a given state.
At the moment, the consensus is that delta 8 THC is legal as long as two specific criteria are met:
- The extraction must come from hemp plants rather than marijuana plants.
- The total delta 9 THC content must be at or below a concentration of 0.3%
LEGAL STATUS OF DELTA 8 THC BY STATE:
*Some states permit the sale of delta 8 THC, but only through registered dispensaries. We can’t legally ship to these states.