Is Delta 8 Legal

Delta-8 is not considered a controlled substance under federal law, provided it is hemp-derived and has a low THC content of 0.3% or less. However, federal law does not apply to state law. Each state is permitted to make its own rules regarding Delta-8 and other cannabis compounds.

Although many states first aligned with the Farm Bill to legalize Delta-8, growing concerns from lawmakers and citizens have prompted changes, resulting in a patchwork of varying state rules.

Delta-8 does not differ much from THC (often another term for Delta-9 THC)  in terms of legality. Both are considered legal, provided they are hemp-derived and have a low total THC content (0.3% or less). Delta-9 is more likely to be derived from marijuana and have a high THC content, which makes it federally illegal. 

However, with laws varying from state to state, you cannot assume that something will be unlawful based solely on location. Given the evolving legal landscape, Delta-9 may be legal in states where Delta-8 is prohibited, and vice versa. Or, they could both be legal.

Regulations generally focus on the cannabis plant source and total THC content. Delta-8 is typically available in hemp-derived products, making them federally legal. Psychoactive THC products are often derived from marijuana with a higher THC content and, thus, are federally illegal. However, Delta-8 products may be marijuana-derived, while psychoactive THC products may be hemp-derived, less potent, and Farm Bill-compliant. Regulations vary by state and sometimes by product type. 

Ensure you comply with Delta 8 laws and regulations by checking in with your local health department, state cannabis regulatory agency, local municipal websites, and state license search tools. The National Conference of State Legislatures also provides a comprehensive overview of cannabis policies in different states. Although it’s wise to consider the THC content and origin of each cannabis product to ensure legality, laws are constantly changing. Always stay vigilant of any changes that can impact you. 

Yes, the legality of Delta-8 varies from state to state. Although the Farm Bill sets federal standards, each state can make their own rules regarding the use of Delta-8 and other cannabis products. Therefore, it’s wise to stay updated on legislation for your state and the areas you travel to.

Delta-8 is currently illegal in Alabama. While previously legal, legality has changed. The compound can only be used if it meets Farm Bill compliance laws, and smokable cannabis products, including those containing Delta-8, are completely banned. There are also restrictions on edibles based on potency and age restrictions.

No, Delta-8 is not legal in Alaska. The state’s laws explicitly ban natural and synthetic tetrahydrocannabinol, which includes Delta-8 THC. The compound is on Alaska’s list of controlled substances, making it illegal to possess, sell, distribute, or transport. Penalties associated with Delta-8 range from misdemeanors to felonies.

Delta-8 is legal in Arizona and can only be sold by state-licensed dispensaries. Although laws surrounding the compound were ambiguous for some time, a 2024 formal opinion from the Attorney General declared “intoxicating” hemp-derived compounds, including Delta-8 and Delta-10, are illegal to sell by any entity that does not have a cannabis license. These products cannot be sold in smoke shops, convenience stores, or by other unlicensed retailers. So if you want D8 in the Grand Canyon State, you’ll have to head to your local licensed dispensary.

No, Delta-8 is not legal in Arkansas. The state’s cannabis legal landscape has been confusing, as Act 629, which made Delta-8 and other products containing intoxicating synthetic or semi-synthetic THC isomers illegal, was introduced in 2023 and later blocked. However, it was upheld in 2025, enabling statewide enforcement. Some non-intoxicating hemp/CBD products under the 0.3% THC threshold remain legal, but Delta-8 is no longer permitted.

Hemp-derived Delta-8 products are illegal in California. That might seem straightforward, but it’s not. The Golden State has some confusing laws regarding the sale of Delta-8, as well. While most states allow hemp-derived Delta-8, California only permits the sale of marijuana-derived Delta-8 sold in licensed dispensaries. However, the possession and personal use of Delta-8 products are not criminalized. Hemp products sold in the state cannot contain any THC. California’s shift on Delta-8 legality is the result of an emergency ban on all hemp-derived “intoxicating cannabinoids” that went into effect in September of 2024.

No, Delta-8 is not legal in Colorado. Delta-8 was once legal in a gray area due to the passing of the Farm Bill. However, in 2021, state regulators prohibited chemically converting hemp-derived compounds into intoxicating products, effectively banning the manufacture, sale, and use of Delta-8.

Delta-8 is legal in Connecticut, but it is highly regulated. It can only be sold from state-licensed cannabis retailers. Sales are restricted to individuals 21 years of age and older. Strict oversight is also given to ensure product testing, labeling, safety, and quality. New classifications have been created for moderate and high THC hemp products, and officials have actively cracked down on unlicensed retailers.

Delta-8 is not legal in Delaware. The state’s Uniform Controlled Substances Act classifies all THC products as Schedule I controlled substances. As a result, possession, sale, and use of Delta-8 are illegal in Delaware, regardless of its origin. Some THC products are allowed in the state through a regulated cannabis program. Still, there are broader restrictions on Delta-8 and other THC isomers.

Yes, Delta-8 is legal in Florida. Like many states, Florida has swayed on the Delta-8 legality issues. It previously existed in a gray area, but was considered legal under the state’s 2019 hemp law, which allowed products with 0.3% THC or less. However, lawmakers reviewed the issue in 2025, and the Florida Senate passed Senate Bill 438, which would have banned all hemp-derived cannabinoids, including Delta-8. However, the law ultimately did not pass the legislative process, leaving D8 legal in the Sunshine State. 

Yes, Delta-8 is legal in Georgia. The state aligns with the Farm Bill, allowing hemp-derived products with a THC content of 0.3% or less. There are no specific laws that permit or prohibit the use of Delta-8. Therefore, consumers are free to use it in the state by default. Georgia also has a program that allows the use of low-THC oil for individuals with qualifying medical conditions.

No, Delta-8 is not legal in Hawaii. After the Farm Bill passed in 2018, some believed that hemp-derived Delta-8 was legal in the state, and some retailers began to sell it, creating a gray area of legality. However, in 2022, Hawaii banned all hemp products created through isomerization, the process used to convert CBD into Delta-8. Therefore, the compound is illegal throughout the state. 

Idaho does not allow Delta-8. In fact, the state has some of the strictest cannabis laws in the country with a zero-tolerance Uniform Controlled Substances Act that makes it illegal to buy, sell, or possess products that contain intoxicating hemp compounds with any percentage of THC or its isomers. The state allows CBD, but only in the form of broad-spectrum and isolate products. Full-spectrum CBD, which contains THC, is illegal.

Delta-8 is legal in Illinois, provided it is hemp-derived and contains a low THC content. However, it is subject to increasing regulations that restrict its use. For example, while Delta-8 can be purchased from licensed dispensaries, sales are increasingly limited at other retailers like gas stations and smoke shops. Additionally, some municipalities have implemented their own bans. For example, the Chicago suburb of Elgin banned Delta-8 edibles in February 2025. 

According to the Indiana Attorney General’s official opinion, Delta-8 is illegal. However, gray areas exist. Although state laws may vary from federal law, many argue that Indiana’s contradiction with the Farm Bill has created a loophole allowing retailers to sell Delta-8 products. Additionally, Senate Bill 478 was introduced in 2025 to regulate hemp-derived THC products, highlighting the unsettled nature of Delta-8’s legality. There are no specific regulations governing Delta-8, resulting in a highly unregulated market.

Delta-8 is not legal in Iowa. The state never allowed Delta-8, but it recently upped the stakes with HF 2605, which imposed an explicit ban in 2024 that cracked down on synthetically produced intoxicating cannabinoids. The same law also restricts other hemp-derived compounds, limiting the total THC (Delta-9 + isomers) in products to no more than 4 milligrams per serving and 10 milligrams per package. 

Delta-8 is illegal in Kansas. After the Farm Bill passed, Kansas adopted Senate Bill 282, which legalized hemp-derived compounds with low THC, leading many to believe Delta-8 was automatically legal. However, the law did not create a distinction between hemp-derived and marijuana derived THC, leading to ambiguity. In 2021, the Attorney General determined that Delta-8 was illegal unless it was derived from industrial hemp with a THC level no greater than 0.3%. As a result, Delta-8 THC products are considered a Schedule I controlled substance under Kansas state law. 

Yes, Delta-8 is legal in Kentucky, but products are subject to strict restrictions. In 2023, lawmakers passed HB 544, directing the Cabinet for Health and Family Services to establish rules governing testing, labeling, packaging, and restricting sales to individuals 21 years of age or older. The law followed legal action by the Kentucky Hemp Association and court rulings that favored regulating, rather than banning, Delta-8 products.

Delta-8 is legal in Louisiana, but with significant restrictions. Louisiana adopted regulations similar to the Farm Bill, allowing hemp-derived cannabis products with low levels of THC. However, inhalable products like vapes and flower are banned. Additionally, edible products are restricted to 5 mg of THC per serving and no more than 40 mg per package, but not to exceed 0.3% THC.

Yes, Delta-8 is legal in Maine provided it meets Farm Bill compliance regulations. The state also allows recreational marijuana use, which is regulated by the state’s Office of Cannabis Policy. 

The minimum age to purchase Delta-8 for recreational use is 21 years old. Medical marijuana patients must be at least 18. Consumption of cannabis, including Delta-8, is also restricted to private property. 

Delta-8 is currently illegal in Maryland. The Appellate Court of Maryland ruled in September 2025 that Delta-8, along with Delta-10, is illegal in the state. Before this ruling, Delta-8 moved to a regulated market and could only be sold by licensed dispensaries. All products sold had to meet manufacturing, distributing, and licensing standards. Unfortunately for residents of the Free State, all D8 products are currently banned in the state.

Delta-8 is illegal in Massachusetts. Over the years, the state has shifted its stance on Delta-8, moving it from a gray area to proactively prohibiting it. However, the unregulated market makes legislation difficult to define. Additionally, enforcing laws has been challenging, as the responsibility for policing unregulated products has been shifted among the Massachusetts Department of Agricultural Resources (MDAR), the Department of Public Health (DPH), and the Cannabis Control Commission (CCC). 

Delta-8 is legal in Michigan. However, it is subject to increasing regulations. In the past, Delta-8 was widely available in Michigan convenience stores and gas stations, leading to a highly unregulated market. However, in 2021, Governor Gretchen Whitmer reclassified Delta-8 and other intoxicating hemp products as ‘marihuana’, requiring them to be sold in licensed dispensaries only. Due to imposed restrictions, the products are also subject to mandatory tracking and testing and can only be sold to individuals over 21.

Delta-8 is legal in Minnesota, but with significant restrictions. For example, Minnesota aligns with the Farm Bill, requiring all products to be hemp-derived and contain no more than 0.3% THC, which includes Delta-8, Delta-9, and all THC isomers. Additionally, vapes containing hemp-derived THC are not permitted. Product potency is also restricted. A single serving can contain no more than 5 mg of THC with no more than 50 mg of THC per package. Additionally, products must be kept behind the counter or in a locked case, except for infused beverages, which may be displayed elsewhere. A 21-and-over age restriction is also in place. 

Delta-8 is illegal in Mississippi. It is one of the few states with regulations stricter than those outlined in the Farm Bill. The Attorney General sees chemically converted cannabinoids as controlled substances and cites safety concerns in making them unlawful. Despite state rules, many retailers in the state still openly sell Delta-8 products. However, in a June 2025 opinion, Attorney General Lynn Fitch issued an opinion that explicitly prohibits all consumer hemp products, including Delta-8, unless they are FDA-approved or sold through Mississippi’s medical cannabis program.

Delta-8 is technically legal in Missouri, but it is highly regulated. In 2018, Missouri adopted Farm Bill-compliant rules, allowing hemp-derived Delta-8 products with a low THC content of 0.3% or less. However, in 2024, Governor Parsons issued an executive order removing Delta-8 edibles and beverages from gas stations, convenience stores, and liquor stores. Infused edibles and drinks are still legal for personal use and may be sold in licensed dispensaries. Other Delta-8 products are legal in the state, but past attempts to regulate or ban intoxicating hemp have created some uncertainty.

Delta-8 is illegal in Montana. However, this was not always the case. After the Farm Bill passed, Delta-8 was in a gray area in Montana and was reportedly sold in stores. In 2020, recreational marijuana was legalized in the state through Initiative 190, but Delta-8 was not explicitly mentioned in the legal language. However, the compound was explicitly illegalized through House Bill 948 in 2023, which banned the sale of “synthetic cannabinoids,” of which Delta-8 is considered one.

Delta-8 is technically legal in Nebraska under the state’s hemp law, which mirrors the Farm Bill and allows hemp-derived products with 0.3% or less Delta-9 THC by dry weight. There’s no explicit ban on Delta-8. However, that hasn’t stopped Attorney General Mike Hilgers from calling it dangerous. His office is actively targeting retailers with legal action and cease-and-desist orders. Pending legislation could ban intoxicating hemp cannabinoids entirely.

Delta-8 is illegal in Nevada. The Silver State may be known for its debauchery, but Delta-8 is a big no-no. Although the 2018 Farm Bill may have created some gray areas, Delta-8 was never legal in the state. Governor Steve Sisolak attempted to clear up confusion by signing Senate Bill 42 in 2021, which banned the sale, production, and distribution of Delta-8. The Attorney General’s office has sent numerous cease-and-desist letters to retailers who continue to sell Delta-8 and has followed up with lawsuits as part of an aggressive enforcement campaign. 

Delta-8 is not technically illegal in New Hampshire. However, due to updated legislation, purchasing it legally is very difficult. Like many states, New Hampshire adopted its version of the Farm Bill in 2019, allowing hemp products that contain 0.3% or less Delta-9 THC. However, in 2023, a total THC limit was introduced, only allowing products with a THC content of 0.3% or less, including Delta-8 THC. Most Delta-8 products do not meet this limit and are, therefore, banned in the state.

Delta-8 is legal in New Jersey, but it is highly regulated. Following the federal ruling, New Jersey adopted its own version of the Farm Bill, the New Jersey Hemp Farming Act, in 2019. It made Delta-8 and other hemp-based low-THC cannabis products widely available, even sold in smoke shops and gas stations. However, due to safety concerns, Governor Phil Murphy signed the Intoxicating Hemp Bill, which subjects hemp products to Cannabis Regulatory Commission (CRC) oversight and limits their sale to licensed dispensaries. Age restrictions were also put in place, banning the sale of intoxicating hemp products to people under 21.

Delta-8 is legal in New Mexico, but it is highly regulated due to recent legislation. In August of 2025, the New Mexico Environment Department (NMED) issued an energy rule banning synthetic hemp-derived products. Delta-8 is still permitted, but sellers must prove their products were derived from a natural hemp source. The compound is rarely found in the cannabis plant and more often synthetically created, severely restricting its accessibility. Consumers and retailers should stay informed about the latest legal developments to ensure compliance with state cannabis laws and regulations.

New York has explicitly banned Delta-8 since 2021. Although New York used to allow Delta-8, the compound was banned in 2021 due to health concerns. The state prohibited the creation of THC products through chemical processes like isomerization. In 2023, the Office of Cannabis Management added more restrictions on the amount of THC allowable in cannabis products, further limiting access.

Delta-8 THC is currently legal in North Carolina. However, recent legislative actions indicate a move toward stricter regulation and potential future bans on synthetic hemp-derived cannabinoids. Consumers and retailers are advised to remain vigilant about possible changes in the near future.

No, Delta-8 is not legal in North Dakota. Following the Farm Bill, there was some ambiguity about cannabis use in North Dakota, putting Delta-8 in a gray area. However, House Bill 1045, introduced in 2021, specifically made Delta-8 and other THC isomers illegal by redefining North Dakota’s definition of THC. It closed a legal loophole, designating Delta-8 as a prohibited, controlled substance.

Delta-8 is currently legal, however, its status may change due to recent legislative efforts. The state adopted SB 57 in 2019, allowing the sale of hemp products with a THC concentration of 0.3% or less in an unregulated market. But in 2025, SB 86 was passed unanimously in the Senate. If passed by the House, it would move the sale of ingestible and inhalable Delta 8 products to licensed dispensaries only. It’s unclear whether stricter regulations will follow.

Oklahoma has also been clear on Delta-8 legality from the start. Its legislation is based on the Farm Bill, which allows hemp-derived products with a low THC content. The state also passed Senate Bill 1033 in 2021, distinguishing hemp-derived products that meet federal requirements from marijuana. In 2025, age restrictions were enforced, requiring consumers to be at least 21 to purchase cannabis products.

Delta-8 is illegal in Oregon. The ban occurred in 2021, when Governor Kate Brown signed House Bill 3000, which imposed significant restrictions by banning artificially derived cannabinoids, including Delta-8. However, in 2023, a limited exception was introduced, and the Oregon Liquor and Cannabis Commission (OLCC) began allowing licensed dispensaries to sell FDA-approved hemp-derived Delta-8 edibles. This exception, however, has not been widely implemented.

The legality of Delta-8 in Pennsylvania sits in a gray area. An early adopter, Pennsylvania established a state-regulated hemp program in 2016, allowing hemp derivatives with a low THC content of not more than 0.3%. Consumers interpreted this to mean that Delta-8 was legal, a notion reinforced by the subsequent passage of the Farm Bill. 

However, in 2022, Pennsylvania senators proposed a ban on Delta-8, which was followed by raids on stores selling the compound, with officials claiming they were carrying an illegal substance per the state’s Controlled Substances Act. Despite these activities, the legal status of Delta-8 remains under dispute. 

No, Delta-8 is illegal in Rhode Island and has been technically illegal since its introduction. Although the state allowed hemp farming, it never exempted Delta-8 and other THC isomers from its controlled substance list. Starting in 2022, various attempts at legislation aimed to clarify confusion by listing Delta-8 as a Schedule I controlled substance on the state’s Uniform Controlled Substances List. Lawmakers were finally successful, and today, the sale of synthetically derived cannabinoids such as Delta-8 is prohibited.

South Carolina is another state with ambiguity regarding its Delta-8 regulations. Following the passage of the Farm Bill, South Carolina adopted the South Carolina Hemp Farming Act of 2019, which allows products containing hemp-derived cannabinoids with low THC content. Many assumed the Act legalized Delta-8, but it put it in a gray area instead. In 2021, the state’s attorney general issued an opinion that Delta-8 and other THC isomers were illegal, leading to raids and crackdowns. However, many shops continue to sell Delta-8 products. At the end of the day, Delta-8 may be sold in South Carolina, but its legality depends on interpretation and enforcement.

Delta-8 is illegal in South Dakota. Although the 2018 Farm Bill created a loophole, the compound was never definitively legal. By 2021, lawmakers and regulatory bodies sought to clear the confusion by illegalizing chemically synthesized Delta-8 through the Industrial Hemp Program and introducing various bills. In 2024, Governor Kristi Noem officially banned the product when she signed into law House Bill 1125, which banned hemp-derived chemically modified cannabinoids.

No, Delta-8 is not legal in Tennessee. Following the Farm Bill, the Volunteer State adopted a similar law, allowing hemp-derived products with a low THC content. However, regulations were gradually introduced, including licensing requirements, sales tax, and an age restriction of 21 and over. In 2025, the General Assembly introduced HB 1376, fundamentally redefining hemp products and classifying “synthetic cannabinoids such as Delta-8 as controlled substances.

Delta-8 is legal in Texas, although its status is under scrutiny. In 2019, Texas enacted House Bill 1325. Similar to the Farm Bill, it legalized hemp products with a THC content of 0.3% or less. It did not explicitly outlaw Delta-8, so most people assumed it was legal and could be sold in stores. However, in 2021, the Texas Department of State Health Services attempted to reclassify Delta 8 as a controlled substance. Although the ban was blocked, an ongoing legal battle produces uncertainty in the market.

Delta-8 is illegal in Utah. Unlike many states, Delta-8 was never allowed in Utah beyond its medical cannabis program. Despite federal legislation, Utah never legalized any type of THC or placed it in a “gray area.” The Utah Controlled Substances Act explicitly lumps all THC products together, despite their origin or potency. However, if any confusion existed, Utah lawmakers clarified the issue by passing House Bill 227 in 2023, which formally bans the sale of artificially derived cannabinoids.

Delta-8 is not legal in Vermont. Although the Farm Bill presented a legal loophole, the Vermont Agency of Agriculture, Food, and Markets quickly closed it in 2021 by declaring synthetic Delta-8 illegal. As a result, it cannot be sold in retail locations throughout the state. 

Delta-8 is legal in Virginia, but it is heavily restricted. Like many states, Virginia cannabis consumers used the Farm Bill to access hemp products with a THC content of 0.3% or less. However, safety concerns led to the passage of HB 1839 in 2019, which established a framework for hemp regulation. Later, in 2023, Senate Bill 903 illegalized products with more than 2 mg THC per package, including Delta-8. So, while Delta-8 hemp products are available in Virginia, purchases are limited by total THC and product type.

No, Delta-8 is not legal in the state of Washington. While the Farm Bill initially created a gray area, the Washington State Liquor and Cannabis Board clarified that unlicensed retailers could not sell the compound. In 2023, Senate Bill 5367 officially prohibited the sale of intoxicating and synthetic THC isomers, including Delta-8.

No, Delta-8 is banned in West Virginia. The compound was temporarily legal after the passage of the Farm Bill, provided it aligned with compliance measures. However, in 2023, Governor Jim Justice signed Senate Bill 546, making Delta-8 and other intoxicating “synthetic cannabinoids” illegal and classifying them as Schedule I Controlled Substances. 

Yes, Delta-8 is technically legal in Wisconsin. The state laws mirror the federal Farm Bill, allowing hemp products with a low THC content. Although Delta-8 is not explicitly mentioned in local regulations, it is not defined as an illegal substance and is widely considered legal. 

The compound has been available in an unregulated market for years, but recently, some municipalities have been implementing their own restrictions. For example, Milwaukee recently banned the sale of hemp-derived products, including Delta-8, to anyone under 21. Consumers are advised to exercise extreme caution when purchasing D8 products in the Badger State.

Delta-8 is illegal in Wyoming following a recent ban. Wyoming passed House Bill 0171 in 2019, legalizing hemp products and their derivatives, provided they aligned with the Farm Bill and featured a THC content of no more than 0.3%. However, in 2024, lawmakers passed Senate File 32 to close the legal loophole by prohibiting “synthetic substances,” which included chemically converted products like Delta-8. Several hemp businesses have attempted to appeal the decision, but it remains in effect as of now.

Yes, Delta-8 can get you high. It is not as potent as Delta-9, but it has intoxicating and euphoric effects. Consumers’ opinions on Delta-8 vary. Some say it does not affect them, while others claim it has effects at high doses, and various enthusiasts report feeling the impact immediately. Your experience will vary depending on your tolerance, dosage, and biological and environmental factors. However, because Delta-8 can get you high, it’s advisable to take the “slow and low” approach.