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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: 

  1. The extraction must come from hemp plants rather than marijuana plants.
  2. The total delta 9 THC content must be at or below a concentration of 0.3%

LEGAL STATUS OF DELTA 8 THC BY STATE: 

Legal

Illegal

  • Alabama
  • California
  • Connecticut*
  • Florida
  • Georgia
  • Indiana
  • Kansas
  • Louisiana
  • Maine
  • Minnesota
  • Missouri
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Puerto Rico
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington DC
  • West Virginia
  • Wisconsin
  • Wyoming
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Hawaii
  • Idaho
  • Illinois
  • Iowa
  • Kentucky
  • Maryland
  • Massachusetts
  • Michigan
  • Mississippi
  • Montana
  • Nevada
  • New York
  • North Carolina
  • North Dakota
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Washington

 

*Some states permit the sale of delta 8 THC, but only through registered dispensaries. We can’t legally ship to these states.

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