Is delta 8 legal where you live?

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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.

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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%

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LEGAL STATUS OF DELTA-8 THC BY STATE: 

        

 

        Legal                                           

• 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

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