Is Delta-8 THC Legal In Your State?

Delta-8 THC is a cannabinoid derived from hemp that produces mild psychoactive effects. Following the 2018 Farm Bill, many states have moved to explicitly ban or regulate it.

States Legal

With Restrictions

States Illegal

Unverified

Delta-8 THC Legality Map

Legal

Restrictions

Illegal

Unverified

Delta-8 THC Legal Status by State

State ↕	Status ↕	Key Details	More Info
Alabama	LEGAL WITH RESTRICTIONS	Delta-8 THC is considered a controlled substance under Alabama law due to its psychoactive properties. The Alabama Unifo...	View Details →
Alaska	LEGAL	Alaska allows the sale and possession of Delta-8 THC derived from hemp under state law. The Alaska Marijuana Control Boa...	View Details →
Arizona	LEGAL	Arizona permits the sale and possession of Delta-8 THC derived from hemp under the Arizona Revised Statutes § 36-2851, w...	View Details →
Arkansas	LEGAL WITH RESTRICTIONS	Arkansas law (Arkansas Code § 5-64-101) classifies Delta-8 THC as a Schedule I controlled substance if synthetically der...	View Details →
California	LEGAL	California allows Delta-8 THC derived from hemp under the California Department of Public Health regulations and the Adu...	View Details →
Colorado	LEGAL	Colorado permits Delta-8 THC derived from hemp under the Colorado Department of Revenue Marijuana Enforcement Division r...	View Details →
Connecticut	LEGAL WITH RESTRICTIONS	Connecticut classifies Delta-8 THC as a controlled substance under Public Act No. 21-1, which prohibits synthetic cannab...	View Details →
Delaware	LEGAL	Delaware permits Delta-8 THC derived from hemp under the Delaware Hemp Program (Delaware Code Title 3, Chapter 25). Delt...	View Details →
Florida	LEGAL WITH RESTRICTIONS	Florida law (Florida Statutes § 893.03) classifies Delta-8 THC as a Schedule I controlled substance if synthetically der...	View Details →
Georgia	LEGAL WITH RESTRICTIONS	Georgia law (O.C.G.A. § 16-13-30) prohibits synthetic cannabinoids including Delta-8 THC if produced via chemical conver...	View Details →
Hawaii	LEGAL WITH RESTRICTIONS	Hawaii has not explicitly banned Delta-8 THC, but the state regulates THC products under its cannabis laws. Delta-8 deri...	View Details →
Idaho	ILLEGAL	Idaho explicitly bans Delta-8 THC under its controlled substances laws. The state classifies all tetrahydrocannabinols, ...	View Details →
Illinois	LEGAL WITH RESTRICTIONS	Illinois allows hemp-derived cannabinoids but prohibits Delta-8 THC products that exceed 0.3% delta-9 THC or are not pro...	View Details →
Indiana	ILLEGAL	Indiana classifies Delta-8 THC as a Schedule I controlled substance under state law. The Indiana Code explicitly prohibi...	View Details →
Iowa	ILLEGAL	Iowa prohibits Delta-8 THC under its controlled substances laws. The state classifies all tetrahydrocannabinols as Sched...	View Details →
Kansas	ILLEGAL	Kansas explicitly bans Delta-8 THC under its controlled substances act. The state classifies all tetrahydrocannabinols a...	View Details →
Kentucky	LEGAL WITH RESTRICTIONS	Kentucky allows hemp-derived cannabinoids but prohibits Delta-8 THC products that exceed 0.3% delta-9 THC or are not pro...	View Details →
Louisiana	LEGAL WITH RESTRICTIONS	Louisiana permits hemp-derived cannabinoids but regulates Delta-8 THC under its cannabis laws. Delta-8 products must com...	View Details →
Maine	LEGAL	Maine allows the sale and possession of hemp-derived Delta-8 THC products under its cannabis and hemp laws. The state re...	View Details →
Maryland	LEGAL WITH RESTRICTIONS	Maryland allows hemp-derived cannabinoids but regulates Delta-8 THC under its cannabis laws. Delta-8 products must compl...	View Details →
Massachusetts	LEGAL WITH RESTRICTIONS	Massachusetts allows hemp-derived cannabinoids including Delta-8 THC under the state's cannabis laws, but the Massachuse...	View Details →
Michigan	LEGAL	Michigan permits the sale and possession of hemp-derived Delta-8 THC products under the Michigan Regulation and Taxation...	View Details →
Minnesota	LEGAL WITH RESTRICTIONS	Minnesota law prohibits Delta-8 THC products that are synthesized or converted from CBD, as per Minnesota Statutes §152....	View Details →
Mississippi	ILLEGAL	Mississippi explicitly bans Delta-8 THC under Mississippi Code §41-29-139, which prohibits synthetic cannabinoids includ...	View Details →
Missouri	LEGAL	Missouri permits hemp-derived Delta-8 THC products under the Missouri Industrial Hemp Program, provided the Delta-9 THC ...	View Details →
Montana	LEGAL WITH RESTRICTIONS	Montana law restricts Delta-8 THC under the Montana Controlled Substances Act, which classifies synthetic cannabinoids a...	View Details →
Nebraska	ILLEGAL	Nebraska prohibits Delta-8 THC under the Nebraska Uniform Controlled Substances Act, which includes synthetic cannabinoi...	View Details →
Nevada	LEGAL	Nevada allows hemp-derived Delta-8 THC products under the Nevada Hemp Program, provided the Delta-9 THC content is below...	View Details →
New Hampshire	LEGAL WITH RESTRICTIONS	New Hampshire restricts Delta-8 THC under RSA 318-B:2, which prohibits synthetic cannabinoids. Delta-8 derived through c...	View Details →
New Jersey	LEGAL WITH RESTRICTIONS	New Jersey restricts Delta-8 THC under the New Jersey Controlled Dangerous Substances Act and the Cannabis Regulatory, E...	View Details →
New Mexico	LEGAL WITH RESTRICTIONS	New Mexico allows hemp-derived cannabinoids including Delta-8 THC under the New Mexico Hemp Extract Act (NMSA 1978, § 26...	View Details →
New York	LEGAL WITH RESTRICTIONS	New York permits hemp-derived cannabinoids including Delta-8 THC under the state's hemp program (Agriculture and Markets...	View Details →
North Carolina	LEGAL	North Carolina permits the sale and possession of Delta-8 THC products derived from hemp under the state's Industrial He...	View Details →
North Dakota	LEGAL WITH RESTRICTIONS	North Dakota classifies Delta-8 THC as a controlled substance under North Dakota Century Code § 19-03.1-02(14), effectiv...	View Details →
Ohio	LEGAL	Ohio permits Delta-8 THC products derived from hemp under the Ohio Revised Code § 901.51 and the Ohio Department of Agri...	View Details →
Oklahoma	LEGAL	Oklahoma allows Delta-8 THC products derived from hemp under the Oklahoma Industrial Hemp Program (63 O.S. § 1-1520 et s...	View Details →
Oregon	LEGAL WITH RESTRICTIONS	Oregon prohibits Delta-8 THC under the Oregon Health Authority's rules for cannabis and hemp products (OAR 333-007-0200)...	View Details →
Pennsylvania	LEGAL WITH RESTRICTIONS	Pennsylvania does not explicitly ban Delta-8 THC but regulates it under the state's Controlled Substance, Drug, Device a...	View Details →
Rhode Island	LEGAL WITH RESTRICTIONS	Rhode Island allows hemp-derived cannabinoids including Delta-8 THC under the Rhode Island Hemp Act (R.I. Gen. Laws § 21...	View Details →
South Carolina	LEGAL	South Carolina permits Delta-8 THC products derived from hemp under the South Carolina Industrial Hemp Program (S.C. Cod...	View Details →
South Dakota	ILLEGAL	South Dakota has banned Delta-8 THC under its controlled substances laws. The state classifies Delta-8 THC as a Schedule...	View Details →
Tennessee	LEGAL WITH RESTRICTIONS	Tennessee allows hemp-derived cannabinoids but restricts Delta-8 THC if it exceeds 0.3% Delta-9 THC. Under Tenn. Code An...	View Details →
Texas	LEGAL WITH RESTRICTIONS	Texas permits Delta-8 THC products derived from hemp under the Texas Agriculture Code § 121.001, provided Delta-9 THC co...	View Details →
Utah	LEGAL WITH RESTRICTIONS	Utah permits hemp-derived cannabinoids including Delta-8 THC under Utah Code Ann. § 4-41-101 et seq., but products must ...	View Details →
Vermont	LEGAL	Vermont allows Delta-8 THC products derived from hemp under 7 V.S.A. § 1001 et seq., as long as Delta-9 THC does not exc...	View Details →
Virginia	LEGAL	Virginia permits Delta-8 THC products derived from hemp under Va. Code Ann. § 3.2-4118, provided Delta-9 THC content is ...	View Details →
Washington	ILLEGAL	Washington State prohibits Delta-8 THC under the Washington Administrative Code WAC 314-55-010, classifying it as a Sche...	View Details →
West Virginia	LEGAL WITH RESTRICTIONS	West Virginia allows hemp-derived cannabinoids including Delta-8 THC under W. Va. Code § 19-2E-1 et seq., but products m...	View Details →
Wisconsin	LEGAL WITH RESTRICTIONS	Wisconsin permits hemp-derived cannabinoids including Delta-8 THC under Wis. Stat. § 94.55, but products must contain le...	View Details →
Wyoming	LEGAL WITH RESTRICTIONS	Wyoming allows hemp-derived cannabinoids including Delta-8 THC under Wyo. Stat. § 11-18-101 et seq., provided Delta-9 TH...	View Details →

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