WHAT IS DELTA 8 THC?
Delta 8 THC, or delta-8-tetrahydrocannabinol, is a minor cannabinoid found in cannabis plants. It is an isomer of delta-9-tetrahydrocannabinol (Delta 9
THC), which is the primary psychoactive compound in marijuana
HEMP = HIGH CBD & LOW THC (< 0.3% THC)
MARIJUANA = HIGH THC (> 0.3% THE)
DELTA 8 THC VS DELTA 8 THC
Delta 8 THC is less potent than Delta 9 THC, and it produces a milder, more clear-headed high. Many users report that it offers benefits such asreduced anxiety, pain relief, and improved focus without the overwhelming psychoactive effects associated with Delta 9 THC.
DIFFERENCES BETWEEN DELTA 8 THC AND CBD
Delta-8 THC and CBD are both cannabinoids found in cannabis plants (hemp and marijuana), but they have different effects on the human body. Delta-8 THC
is more potent than CBD and produces psychoactive effects, which means it can get you high. On the other hand, CBD does not produce a high and has more
of a body-focused effect.
THE LEGAL STATUS OF DELTA 8 THC
There are three main types of CBD products, which differ based on their cannabinoid content:
- Federal Regulation
- State Regulations
- The Farm Bill and Delta 8 THC
- The DEA's Stance on Delta 8 THC
The legal status of Delta 8 THC is somewhat ambiguous at the federal level. According to the 2018 Farm Bill, hemp-derived cannabinoids are considered legal as long as they contain no more than 0.3% Delta 9 THC. However, the Drug Enforcement Administration (DEA) has classified Delta 8 THC as a Schedule I controlled substance, creating a gray area in terms of legality.
Delta 8 THC legality varies by state, with some states explicitly legalizing it, others banning it, and some imposing restrictions. State regulations can change rapidly, so it is essential to stay up to date on the latest developments in your area.
The 2018 Farm Bill legalized hemp and its derivatives, including cannabinoids like CBD and Delta 8 THC, as long as they contain no more than 0.3% Delta 9 THC. However, the bill does not explicitly address the issue of Delta 8 THC synthesized from CBD or other cannabinoids, which has led to confusion and varying interpretations of the law.
The DEA has classified Delta 8 THC as a Schedule | controlled substance, which means it is considered illegal under federal law. However, this classification is primarily aimed at synthetically derived Delta 8 THC and not hemp-derived Delta 8 THC, which falls under the 2018 Farm Bill. The DEA's stance has cre- ated a gray area in the legal status of Delta 8 THC.
STATE | LEGAL STATE | DETAILS |
---|---|---|
Alabama | Yes | View details |
Alaska | Legal | View details |
Arizona | Legal | View details |
Arkansas | Legal | View details |
California | Restricted | View details |
Colorado | Restricted | View details |
Connecticut | Legal | View details |
Delaware | Legal | View details |
Florida | Legal | View details |
Georgia | Legal | View details |
Hawaiii | Legal | View details |
Idaho | Legal | View details |
Illinois | Legal | View details |
Indiana | Legal | View details |
lowa | Legal | View details |
Kansas | Yes | View details |
Kentucky | Legal | View details |
Louisiana | Legal | View details |
Maine | Legal | View details |
Maryland | Legal | View details |
Massachusetts | Legal | View details |
Michigan | Legal | View details |
Minnesota | Legal | View details |
Mississippi | Legal | View details |
Missouri | Legal | View details |
Montana | Legal | View details |
Nebraska | Legal | View details |
New Hampshire | Legal | View details |
New Jersey | Legal | View details |
New Mexico | Legal | View details |
New York | Legal | View details |
North Carolina | Legal | View details |
North Dakota | Legal | View details |
Ohio | Legal | View details |
Oklahoma | Legal | View details |
Oregon | Legal | View details |
Pennsylvania | Legal | View details |
Rhode Island | Legal | View details |
South Carolina | Legal | View details |
South Dakota | Legal | View details |
Tennessee | Legal | View details |
Texas | Legal | View details |
Utah | Legal | View details |
Vermont | Legal | View details |
Virginia | Legal | View details |
Washington | Legal | View details |
Wisconsin | Legal | View details |
West Virginia | Legal | View details |
Wyoming | Legal | View details |
POTENTIAL RISKS AND SIDE EFFECTS
Some potential risks and side effects of Delta 8 THC may include:
- Drowsiness
- Dry mouth
- Red eyes
- Anxiety or paranoia (in high doses)
DELTA 8 BENEFITS
Like Delta 9, Delta-8 is a psychoactive substance that provides a comparable euphoric high. According to certain research,
the following medical disorders may benefit from Delta-8:
- Anxiety
- Pain
- Stress
- Depression
- Appetite Stimulation
- Anti-Nausea Effects
DELTA-8 LEGALITY BY STATE
Alabama (AL)
In Alabama, delta-8 is legal and not deemed a banned controlled substance due to the enactment of Senate Bill 225, which authorized hemp and hemp-derived compounds in line with the federal Agriculture Improvement Act (Farm Bill). Consequently, the usage, possession, sale, distribution, purchasing, and production of delta-8 products are allowed under state law. However, in early 2021, Alabama lawmakers attempted to ban delta-8 and delta-10 with House Bill 2, and in February 2022, State Sen. Tim Melson introduced House Bill 144, which aimed to ban delta-8 and other intoxicating hemp compounds. Fortunately, both bills failed to pass. Learn more
about delta-8's legal status in Alabama.
Alaska (AK)
Alaska prohibits the use, possession, sale, distribution, and production of delta-8, classifying it as a Schedule llIA controlled substance
under state law. Schedule IIIA includes all tetrahydrocannabinols such as delta-10 and THC-O. Possession of delta-8 can range from a Class C misdemeanor to a felony, depending on quantity and intent.
Arizona (AZ)
Contrary to popular belief, delta-8 is not illegal in Nevada. The state restricts and regulates delta-8 products under its cannabis
regulatory framework. The Nevada Cannabis Compliance Board (CCB) considers delta-8 and other intoxicating THC isomers as Schedule |
controlled substances. Delta-8 companies must obtain CCB licensing before producing and selling their products, indicating that delta-8
falls under the state's existing cannabis laws. However, Senate Bill 1715, passed in March 2022, seeks to ban delta-8 and criminalize the
sale and manufacturing of delta-8 products. Learn more about the legal status of delta-8 in Arizona.
Arkansas (AR)
The legality of delta-8 in Arkansas is ambiguous. The state classifies delta-8 as a Schedule IV controlled substance, alongside other tetrahydrocannabinols such as delta-10 and HHC. However, according to an official source, Arkansas’s health department has not explicitly banned or permitted delta-8 products, leaving local law enforcement to take action if necessary.
California (CA)
California restricts delta-8 under state law, regulating the use, possession, sale, distribution, and production of hemp and marijuana-derived delta-8 products. Possession of hemp-derived products with more than 0.3% delta-8 THC is not allowed, but up to 28.5 grams of marijuana-derived delta-8 can be purchased from a licensed dispensary. See the latest updates for delta-8 in California.
Colorado (CO)
Delta-8 is illegal in Colorado, despite the state's relaxed medical and recreational marijuana laws. The Colorado Department of Health &
Environment (CDPHE) issued a notice stating that chemically modifying or converting naturally occurring cannabinoids from industrial hemp is
non-compliant with the statutory definition of an "industrial hemp product.” As a result, Colorado considers delta-8 a controlled substance as per SB 14-184 and the Uniform Controlled Substances Act.
However, reports suggest delta-8 is sold freely across the state, and law enforcement is not targeting unlicensed vendors. Senate Bill 205,
passed in May, created a task force to study intoxicating hemp compounds and focus on consumer protection. The task force will submit a
report to the general assembly by the end of 2022. Learn more about the legal status of delta-8 in Colorado.
Connecticut (CT)
Contrary to popular belief, Connecticut regulates delta-8 under its existing marijuana laws following Senate Bill 1201. This bill allows only
licensed dispensaries and hybrid retailers to sell delta-8 products, while unlicensed vendors are not permitted to stock or sell delta-8.
However, unofficial reports indicate that delta-8 products are available through unlicensed retailers.
Delaware (DE)
In Delaware, delta-8 is illegal, meaning the state does not allow the use, possession, sale, distribution, and production of delta-8 products
under state law. Although Delaware recently decriminalized simple marijuana possession in small quantities, the state specifies that all tetrahydrocannabinols are banned substances under Schedule | of its Uniform Controlled Substances Act. Penalties for delta-8 possession
range from fines to extended prison times, depending on quantity and intent.
Florida (FL)
Florida permits hemp-derived delta-8 under state law, allowing the use, possession, sale, distribution, and production within its borders without risk of penalty or prosecution. There are no possession limits for hemp-derived delta-8. However, delta-8 derived from marijuana is not legal in Florida, as marijuana and marijuana-derived compounds remain strictly illegal. Learn more about the legal status of delta-8 in Florida.
Georgia (GA)
In Georgia, delta-8 is legal as long as it is derived from hemp and contains less than 0.3% delta-9 THC. The state permits the use,possession, sale, distribution, and production of hemp-derived delta-8 products, in accordance with the Agriculture Improvement Actof 2018 (Farm Bill). However, it is important to note that delta-8 derived from marijuana is illegal in Georgia.
Hawaii (HI)
Delta-8 is currently illegal in Hawaii. The state does not allow the use, possession, sale, distribution, and production of delta-8
products under state law. Hawaii classifies all tetrahydrocannabinols, including delta-8, as Schedule | controlled substances.
Idaho (ID)
In Idaho, delta-8 is illegal, and the state prohibits the use, possession, sale, distribution, and production of delta-8 products. Idaho maintains stringent laws against all forms of cannabis and hemp products, classifying delta-8 as a Schedule | controlled substance.
Illinois (IL)
Delta-8 is legal in Illinois as long as it is derived from hemp and contains less than 0.3% delta-9 THC. The state permits the use,
possession, sale, distribution, and production of hemp-derived delta-8 products in accordance with the Agriculture Improvement Act
of 2018 (Farm Bill). However, delta-8 derived from marijuana is illegal in Illinois.
Indiana (IN)
In Indiana, delta-8 is legal if derived from hemp and containing less than 0.3% delta-9 THC. The state allows the use, possession, sale,
distribution, and production of hemp-derived delta-8 products in line with the Agriculture Improvement Act of 2018 (Farm Bill).
Delta-8 derived from marijuana, however, is illegal in Indiana
lowa (1A)
Delta-8 regulations in lowa are unclear, with law enforcement often overlooking vendors who openly sell delta-8 products in the state. Chapter 124 of the lowa Controlled Substances Act classifies all tetrahydrocannabinols as Schedule | controlled substances. The lowa
Department of Agriculture & Land Stewardship also formally states that possessing and manufacturing delta-8 products is prohibited. House File 2581 makes all inhalable cannabis products, including delta-8, illegal; this includes vape pens, flower, and pre-rolls.
Kansas (KS)
Delta-8 is ambiguously legal in Kansas. The state's attorney general published a contentious opinion stating that delta-8 products are “unlawful” unless they contain no more than 0.3% total tetrahydrocannabinols. This THC percentage would effectively ban most delta-8 products. However, an attorney general's opinion is not legally binding, and delta-8 remains somewhat available online and in physical retail stores. Medical and recreational cannabis is prohibited. Possession of marijuana-derived delta-8 is a Class B misdemeanor with a maximum penalty of six months in prison and a $1,000 fine. Learn more about the legal status of delta-8 in Kansas.
Kentucky (KY)
Hemp-derived delta-8 is temporarily allowed in Kentucky, meaning its use, possession, sale, purchase, and production are currently legal, pending review. In 2021, the Kentucky Department of Agriculture's legal counsel issued a memo stating that both hemp and marijuana-derived delta-8 are controlled substances and illegal under federal and state law. After several delta-8 vendors were raided, the Kentucky Hemp Association (KHA) sued the state and secured a temporary injunction, similar to Texas's, legalizing delta-8 products in February 2022. Senate Bill 170, introduced to ban delta-8, failed during the committee stage. Learn more about the legal status of delta-8 in Kentucky.
Louisiana (LA)
Louisiana has enacted strict regulations on delta-8 following the passage of House Bill 758 on June 16, 2022. Unlicensed hemp vendors selling delta-8 must now become licensed by the state and submit products for testing to ensure consumer safety. Products cannot contain more than 0.5 milligrams of delta-8 or any other THC isomer, and licensed vendors cannot sell delta-8 products to anyone under 21. Medical
cannabis is legal but heavily regulated, while recreational adult-use cannabis remains decriminalized. Penalties for possessing marijuana-derived delta-8 depend on quantity and intent. Learn more about the legal status of delta-8 in Louisiana.
Maine (ME)
Hemp-derived delta-8 is legal under state law, aligning with federal law after the passage of Legislative Document 1159. The use,possession,
sale, distribution, purchase, and production of delta-8 products are allowed in Maine without risk of penalty or punishment. Marijuana and marijuana-derived delta-8 are also legal under state law.
Maryland (MD)
Hemp-derived delta-8 is now regulated under Maryland's existing marijuana laws, following Senate Bill 778, signed into law on May 29, 2022, and effective on July 1, 2022. No one under 21 can use, possess, or purchase delta-8 products, and delta-8 companies cannot sell or distribute delta-8 products to anyone under 21. The bill also establishes a task force composed of the Natalie M. LaPrade Medical Cannabis
Commission and other health and science organizations, in consultation with the Maryland State Department of Agriculture, to study and make recommendations on the classification and regulation of tetrahydrocannabinols, other than delta-9, that are artificially, synthetically , or naturally derived from hemp. This includes delta-8 THC. Medical cannabis is legal in Maryland, while recreational cannabis remains decriminalized but not fully legal. Penalties for possessing marijuana-derived delta-8 depend on the amount and intent.
Massachusetts (MA)
Hemp-derived delta-8 is legal in Massachusetts, with the use, possession, sale, distribution, purchase, and production of delta-8 products
allowed under state law. The Massachusetts Department of Agricultural Resources issued a policy statement clarifying that the production
and sale of hemp-derived cannabinoids, including delta-8, are permissible as long as they comply with state and federal laws. Both medical
and recreational cannabis are legal in Massachusetts.
Michigan (MI)
Hemp-derived delta-8 is legal in Michigan. The use, possession, sale, distribution, purchase, and production of delta-8 products are permitted under state law. Michigan's Department of Agriculture & Rural Development (MDARD) released a policy statement affirming that delta-8 derived from industrial hemp is legal. However, it must comply with state and federal laws, including the 2018 Farm Bill. Medical and recreational cannabis are also legal in Michigan.
Minnesota (MN)
Hemp-derived delta-8 is legal in Minnesota, and the use, possession, sale, distribution, purchase, and production of delta-8 products are allowed under state law. The Minnesota Department of Agriculture (MDA) has not explicitly addressed the legality of delta-8 THC, but state
law permits hemp-derived cannabinoids. Medical cannabis is legal in Minnesota, while recreational cannabis remains illegal but decriminalized for small amounts.
Mississippi (MS)
Hemp-derived delta-8 THC is not explicitly legal or illegal in Mississippi, and the state has not issued any guidance on the issue. However, hemp-derived delta-8 products are available in some retail stores and online. Medical cannabis is legal in Mississippi after the passage of Initiative 65, while recreational cannabis remains illegal.
Missouri (MO)
Hemp-derived delta-8 is legal in Missouri, and the use, possession, sale, distribution, purchase, and production of delta-8 products are
allowed under state law. Missouri's Department of Agriculture has not explicitly addressed the legality of delta-8 THC. However, delta-8
products derived from hemp are available in the state. Medical cannabis is legal in Missouri, while recreational cannabis remains illegal but
decriminalized for small amounts.
Montana (MT)
Hemp-derived delta-8 is legal in Montana, and the use, possession, sale, distribution, purchase, and production of delta-8 products are
allowed under state law. Montana's Department of Agriculture has not explicitly addressed the legality of delta-8 THC, but state law permits
hemp-derived cannabinoids. Medical and recreational cannabis are both legal in Montana.
Nebraska (NE)
The legal status of delta-8 in Nebraska is unclear. The state has not explicitly addressed the legality of hemp-derived delta-8 THC, and there is no specific legislation regarding its use, possession, sale, distribution, purchase, or production. Delta-8 products are available in some
retail stores and online. Medical and recreational cannabis remain illegal in Nebraska.
Nevada (NV)
Hemp-derived delta-8 is legal in Nevada, and the use, possession, sale, distribution, purchase, and production of delta-8 products are
allowed under state law. The Nevada Department of Agriculture has not explicitly addressed the legality of delta-8 THC, but state law
permits hemp-derived cannabinoids. Both medical and recreational cannabis are legal in Nevada.
New Hampshire (NH)
Hemp-derived delta-8 is legal in New Hampshire, and the use, possession, sale, distribution, purchase, and production of delta-8 products
are allowed under state law. The New Hampshire Department of Agriculture, Markets & Food has not explicitly addressed the legality of delta-8 THC, but state law permits hemp-derived cannabinoids. Medical cannabis is legal in New Hampshire, while recreational cannabis
remains illegal but decriminalized for small amounts.
New Jersey (NJ)
Hemp-derived delta-8 is legal in New Jersey, and the use, possession, sale, distribution, purchase, and production of delta-8 products are
allowed under state law. The New Jersey Department of Agriculture has not explicitly addressed the legality of delta-8 THC, but state law
permits hemp-derived cannabinoids. Both medical and recreational cannabis are legal in New Jersey.
New Mexico (NM)
Hemp-derived delta-8 is legal in New Mexico, and the use, possession, sale, distribution, purchase, and production of delta-8 products are
allowed under state law. The New Mexico Department of Agriculture has not explicitly addressed the legality of delta-8 THC, but state law
permits hemp-derived cannabinoids. Both medical and recreational cannabis are legal in New Mexico.
New York (NY)
Hemp-derived delta-8 is illegal in New York, following the New York State Department of Health's issuance of regulations on August 3, 2021, prohibiting the sale, distribution, and manufacture of delta-8 products. Medical and recreational cannabis are both legal in New York.
North Carolina (NC)
In North Carolina, delta-8 is legal and not considered a controlled substance due to Senate Bill 352. The bill allows the use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 within the state. However, medical and recreational marijuana, including marijuana-derived delta-8, remain illegal. More on delta-8 legality in North Carolina.
North Dakota (ND)
Delta-8 is illegal in North Dakota, classified as a controlled substance following North Dakota House Bill 1045. Consequently, hemp-derived delta-8 products are prohibited within the state, as are marijuana and marijuana-derived delta-8. More on delta-8 legal status in North Dakota.
Ohio (OH)
Hemp-derived delta-8 is legal in Ohio due to Ohio Senate Bill 57. The bill permits the use, possession, sale, distribution, purchase, and
production of delta-8 THC products within the state. Medical marijuana is legal in Ohio, while recreational cannabis, including
recreational marijuana-derived delta-8, remains illegal. More on delta-8 legal status in Ohio.
Oklahoma (OK)
Hemp-derived delta-8 is legal in Oklahoma under the Oklahoma Industrial Hemp Program. The use, possession, sale, distribution, purchase, and production of delta-8 products are legal within the state. Recreational marijuana and marijuana-derived delta-8 are not legal.
Oregon (OR)
Delta-8 is legal but regulated in Oregon under House Bill 3000, overseen by the Oregon Liquor and Cannabis Commission (OLCC). The bill classifies
delta-8 as an "Adult Use Cannabinoid,” alongside delta-10 and other THC isomers. Delta-8 can be found in retail stores and online.
Pennsylvania (PA)
Delta-8 is legal in Pennsylvania, but a memorandum proposing a ban on hemp-derived delta-8 products was introduced in April 2022, citing health and safety concerns. No official legislation has passed yet. More on delta-8 legal status in Pennsylvania.
Rhode Island (RI)
Delta-8 is illegal in Rhode Island, classified as a Schedule | controlled substance under the state's Uniform Controlled Substances Act. Hemp and marijuana-derived delta-8 products are prohibited. Penalties for possession vary depending on the offense.
South Carolina (SC)
Delta-8 is legal in South Carolina, but its legal status is somewhat uncertain due to the state attorney general's comments on hemp-derived delta-8 products. More on delta-8 legality in South Carolina.
South Dakota (SD)
Delta-8 is regulated in South Dakota under House Bill 1292, permitting legal access for adults 21 and over. Marijuana and marijuana-derived
compounds remain illegal.
Tennessee (TN)
Delta-8 is legal in Tennessee, following Senate Bill 354. Although House Bill 1927 aimed to ban delta-8 and other hemp-derived products with over 0.3% THC, it failed to pass. Marijuana and marijuana-derived delta-8 remain illegal. More on delta-8 legal status in Tennessee.
Texas (TX)
Delta-8 is temporarily legal in Texas, after a battle between lawmakers and delta-8 vendors. The legal status may change, so it's essential to stay
up to date. More on delta-8 legal status in Texas.
Utah (UT)
Delta-8 is restricted and regulated under medical marijuana laws in Utah, meaning only medical marijuana patients with qualifying conditions can
access delta-8 products. Unlicensed vendors have reportedly sold delta-8 products with little trouble. Latest updates in Utah.
Vermont (VT)
Delta-8 is not legal in Vermont, according to the Vermont Agency of Agriculture, Farms, and Markets (AAFM). A new bill (H. 548) seeks to regulate the production, labeling, and sale of delta-8 products, but it has not yet passed. Hemp-derived delta-8, marijuana, and marijuana-derived delta-8 are currently illegal in Vermont. More on delta-8 legal status in Vermont.
Virginia (VA)
Delta-8 is legal in Virginia under the Virginia Industrial Hemp Law. The use, possession, sale, distribution, purchase, and production of hemp-
derived delta-8 products are permitted within the state. Medical marijuana is legal in Virginia, while recreational marijuana and marijuana-derived
delta-8 remain illegal. More on delta-8 legal status in Virginia.
Washington (WA)
Delta-8 is regulated in Washington under the Washington State Department of Health's rules for cannabis products. Hemp-derived delta-8 products are allowed, but they must meet specific requirements, including testing and labeling. Both medical and recreational marijuana are legal in Washington, including marijuana-derived delta-8. More on delta-8 legal status in Washington.
West Virginia (WV)
Hemp-derived delta-8 is legal in West Virginia due to the state's Industrial Hemp Development Act. The use, possession, sale, distribution,purchase, and production of delta-8 products are legal within the state. Medical marijuana is legal in West Virginia, while recreational marijuana
and marijuana-derived delta-8 remain illegal. More on delta-8 legal status in West Virginia.
Wisconsin (WI)
Delta-8 is legal in Wisconsin under the Wisconsin Department of Agriculture, Trade and Consumer Protection's (DATCP) guidance on hemp and
hemp-derived cannabinoids. The use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 products are allowed within the state. Marijuana and marijuana-derived delta-8 remain illegal in Wisconsin. More on delta-8 legal status in Wisconsin.
Wyoming (WY)
Delta-8 is legal in Wyoming under the Wyoming Controlled Substances Act. The use, possession, sale, distribution, purchase, and production of hemp-derived delta-8 products are allowed within the state. However, marijuana and marijuana-derived delta-8 remain illegal in Wyoming. More
on delta-8 legal status in Wyoming.
Please note that the legal status of delta-8 THC can change quickly due to new legislation or changes in interpretation of existing laws. It is essential to stay up to date on the current legal status in your state and to consult with an attorney if you have any questions or concerns about
the legality of delta-8 products.
FREQUENTLY ASKED QUESTIONS DELTAS
Delta-8-THC is a naturally occurring cannabinoid found in hemp and cannabis plants. It has potential therapeutic benefits and mild psychoactive
effects compared to Delta-9-THC.
Delta-8-THC's legality varies by state. It is legal in some states, while others have explicit laws against it or unclear regulations.
It is recommended to consult a healthcare professional for specific advice on the safety of Delta 8 THC.
Yes, Delta 8 is a form of tetrahydrocannabinol (THC) found in the Cannabis sativa plant.
Delta 8 is a psychoactive substance, which means it has the potential to cause a high, although it is considered a less potent alternative to Delta 9 THC.