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    Where is Delta-8 THC Legalized, and How Does This Affect You?

    Delta-8-Tetrahydrocannabinol (Delta-8 THC) sure has taken the hemp world by storm in the last couple of years.  This mildly psychoactive, bliss-inducing cannabinoid offers a soothing high that hemp lovers just can’t get enough of.

    But, there’s one problem - delta-8 THC isn’t actually legal everywhere throughout the country.  Unsurprisingly, this cannabinoid’s psychoactive nature hasn’t thrilled legislators across the board.  Obviously, it is very important that all hemp enthusiasts abide by state laws at all times, and that’s why we’ve attempted to make it easier to understand the laws where you live.

    Is Delta-8 THC Federally Legal?

    Delta-8 THC is, in fact, federally legal, thanks to the Farm Bill that was passed in 2018.  This legislation declared that all hemp products are legal under federal law as long as they contain a maximum of 0.3% delta 9 THC.

    Is Delta-8 THC Legal in All 50 States?

    While delta-8 THC is considered legal under federal law, that doesn’t mean that all 50 states agree.  States can choose to come up with their own hemp-related laws that override those of the federal government, and several states have enacted bans on delta-8 following its quick rise in popularity.

    • Alabama: Delta-8 THC remains legal in Alabama. The state also legalized medical marijuana in 2021, but recreational marijuana remains banned.
    • Alaska: Although Alaska is a state that has legalized recreational marijuana, delta-8 THC is a banned substance throughout the state.
    • Arizona: Arizona has banned delta-8 THC, even though they permit recreational marijuana use.
    • Arkansas: Delta-8 is illegal in Arkansas, a state which has maintained a medical marijuana program since 2016.
    • California: Delta-8 THC is legal in California. The state also permits sales and use of recreational marijuana.
    • Colorado: While Colorado was famously one of the first states to legalize recreational marijuana, delta-8 is a banned cannabinoid.
    • Connecticut: Delta-8 THC is a legal cannabinoid in Connecticut. The state also recently legalized recreational marijuana.
    • Delaware: Delaware recently became another state to ban delta-8 THC, and has maintained a medical marijuana program since 2011.
    • Florida: Delta-8 THC is legal in Florida, another state that has a successful medical marijuana program.
    • Georgia: Delta-8 THC is a legal cannabinoid in Georgia, and the state also legalized medical marijuana several years ago.
    • *Hawaii: As of recently, delta-8 THC is now legalized in Hawaii. The state has a medical marijuana program, and has decriminalized possession of small amounts of cannabis.  However, this state only allows products that are tinctures, tablets, capsules, and softgels.  No oral or inhalable products are permitted.
    • Idaho: Delta-8 is illegal in Idaho, and the state has some of the strictest cannabis laws, not even permitting medical marijuana use.
    • Illinois: Illinois is a state that’s lenient with cannabis overall, with recreational cannabis use being fully legal. The state recognizes delta-8 THC as legal.
    • Indiana: While Indiana has strict cannabis laws, not even having a medical marijuana program, delta-8 THC is a legal cannabinoid.
    • Iowa: A state with a medical marijuana program, has banned delta-8 THC.
    • Kansas: Delta-8 THC is a legal cannabinoid in Kansas. Kansas is in the process of trying to pass a bill that would allow for a medical marijuana program.
    • Kentucky: Delta-8 THC is temporarily legal Kentucky, while the state has been trying to legalize both recreational and medical marijuana this past year.
    • Louisiana: Delta-8 is a legal cannabinoid under Louisiana law. The state also manages a medical marijuana program.
    • Maine: Maine permits the use of delta-8 THC, with liberal laws that have also led to the legalization of recreational marijuana.
    • Maryland: Maryland has maintained that delta-8 THC is legal, and the state has managed a medical marijuana program for several years.
    • Massachusetts: Delta-8 THC is fully legal in Massachusetts, and the state also allows cannabis to be used recreationally.
    • Michigan: Michigan allows for delta-8 THC, and has recently legalized recreational marijuana.
    • Minnesota: Delta-8 THC is legal in Minnesota. The state has a medical marijuana program, and has decriminalized possession of small amounts of cannabis.
    • Mississippi: Their cannabis laws are very strict, banning delta-8 THC and not having a medical marijuana program.
    • Missouri: Delta-8 THC is legal in Missouri, even though the state’s cannabis laws only permit medical marijuana use.
    • Montana: Delta-8 THC is illegal in Montana. Meanwhile, the state has a successful medical marijuana program.
    • Nebraska: Delta-8 THC is legal in Nebraska, although the state does not even have a medical marijuana program, despite decriminalizing possession of small amounts of cannabis.
    • Nevada: Delta-8 THC is illegal in Nevada, even though the state permits recreational cannabis use.
    • New Hampshire: Delta-8 THC is a legal cannabinoid in New Hampshire, another state with a successful medical marijuana program.
    • New Jersey: Delta-8 THC remains legal in New Jersey, where recreational marijuana legalization laws went into effect last year.
    • New Mexico: Delta-8 THC is legal in New Mexico, as is recreational cannabis use.
    • New York: Despite legalizing recreational cannabis, New York considers delta-8 to be illegal.
    • North Carolina: North Carolina has become more lenient lately, decriminalizing small amounts of cannabis possession. The state permits delta-8 THC.
    • North Dakota: Delta-8 is strictly banned in North Dakota, a state that does allow for medical marijuana use.
    • Ohio: This state recognizes legal medical marijuana, maintains that delta-8 is legal.
    • Oklahoma: Delta-8 is legal throughout Oklahoma, a state with a booming medical marijuana industry.
    • Oregon: Oregon, a fully cannabis-friendly state, unfortunately, as of July 1st, 2022, does not allow delta-8 THC to be sold legally.
    • Pennsylvania: Delta-8 THC is legal in Pennsylvania, a state that only allows for medical marijuana use.
    • Rhode Island: Delta-8 is strictly illegal in Rhode Island, another state to operate a medical marijuana program. 
    • South Carolina: Delta-8 is fully legal in South Carolina, where medical marijuana is also legal.
    • South Dakota: Delta-8 THC is legal in South Dakota, as is recreational cannabis.
    • Tennessee: Although Tennessee has completely banned marijuana, delta-8 THC is legal.
    • Texas: Delta-8 is legal throughout Texas again, for now, where medical marijuana is also legal.
    • Utah: Delta-8 THC is banned in Utah. Only a few years ago, the state legalized medical marijuana.
    • Vermont: Vermont recognizes recreational marijuana as legal, but has banned delta-8 THC.
    • Virginia: Delta-8 THC is legal in Virginia, as is recreational marijuana.
    • Washington: Although recreational cannabis is legal in Washington, delta-8 is not.
    • West Virginia: Delta-8 is legal in West Virginia, as is medical marijuana.
    • Wisconsin: Wisconsin strictly prohibits recreational marijuana use, as only medical is allowed. However, the state does permit legal delta-8.
    • Wyoming: While Wyoming is working on legalizing recreational marijuana, delta-8 remains fully legal.

    This list offers the most up-to-date information as of February of 2022 {Updated June 23rd, 2022}.  But, states can change their laws regarding cannabis suddenly, and without any real warning.  So, make an effort to consistently check up on your state’s current hemp laws, as well as marijuana laws, in order to ensure that you’re not breaking the law without knowing it.

    How Does This Impact You, The Consumer?

    Ultimately, if you live in one of the above states that has banned delta-8 THC, we cannot legally ship it to you.  While it’s true that these states are more likely to enforce laws regarding sales rather than possession, it’s still going to be hard finding delta-8 if it can’t legally be sold where you live.  Our hope is that as we learn more about the value of the hemp plant, states will become more willing to embrace legal delta-8 in the near future.