Delta 8 THC was something of the “OG” psychoactive hemp derivative, launched around 2019, a year after the hemp plant and its derivatives became federally legal. And still, to this day, delta 8 is a big deal, even though a number of other hemp-derived psychoactive cannabinoids have emerged on the scene since. Delta 8’s soothing, somewhat mild effects make it wholly worthwhile, and so much more than an alternative to delta 9 THC.
Now, even though delta 8 THC has been widely available for years now, the reality is that the laws regarding it are trickier than meets the eye. As you’re about to find out, delta 8 THC laws can vary by state, and not only that, but the laws are changing frequently enough that we wanted to provide the most up-to-date guide.
Disclaimer: This blog article is intended to offer general knowledge to the average hemp consumer. It is not a replacement for legal advice, nor should it be used as a legal guide for local businesses that carry delta 8 products. Keep in mind that while this features the most up-to-date information as of July 2024, delta 8 laws may have changed in your state by the time of reading this article. Please stay up to date with your local laws to always be in the know!
Delta 8 THC According to Federal Law
First, let’s talk about federal law. Delta 8 THC is, in fact, legal according to federal law, and that’s because of the passing of the Farm Bill in 2018. That year, legislators voted to approve the legalization of the industrial hemp plant and all of its derivatives, with one stipulation: that hemp products may not contain more than 0.3% delta 9 THC.
The Farm Bill was the beginning of a more complex legal framework surrounding the hemp industry, in terms of how industrial hemp may be cultivated, and how products may be processed, packaged, marketed, sold, and purchased throughout the country.
Ultimately, delta 8 THC is a federally protected derivative of the hemp plant, as delta 8 THC is not the same as delta 9 THC, and it is therefore not held to any restrictions.
Delta 8 THC Laws Per State
Delta 8 THC is federally legal, but individual states have the right to override these laws as they see fit. As you’ll see below, not every state in the U.S. permits sales of delta 8 products. Find your state below.
- Alabama: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Alaska: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Arizona: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Arkansas: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- California: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Colorado: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Connecticut: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Delaware: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Florida: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Georgia: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Hawaii: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Idaho: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Illinois: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Indiana: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Iowa: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Kansas: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Kentucky: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Louisiana: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Maine: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Maryland: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Massachusetts: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Michigan: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Minnesota: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Mississippi: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Missouri: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Montana: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Nebraska: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Nevada: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- New Hampshire: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- New Jersey: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- New Mexico: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- New York: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- North Carolina: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- North Dakota: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Ohio: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Oklahoma: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Oregon: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Pennsylvania: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Rhode Island: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- South Carolina: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- South Dakota: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Tennessee: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Texas: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Utah: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Vermont: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- Virginia: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Washington: Delta 8 is a strictly illegal cannabinoid, which means that you may not purchase it in the state, either online or in person, if the amount of delta 8 THC in the product exceeds 0.3%. Please be mindful that no business carrying delta 8 THC in this state is operating legally. Also, be aware that this law applies to all intoxicating cannabinoids – not just delta 8 THC.
- West Virginia: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Wisconsin: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
- Wyoming: Delta 8 THC is a legal cannabinoid under state law, and there are no restrictions in terms of how it can be purchased, sold, or consumed. This means that as long as you’re of legal adult age, you can purchase delta 8 products without any limitations regarding milligram strength, purchase amount, or possession amount. You can buy delta 8 products either in person or online.
Frequently Asked Questions Regarding the Legal Status of Delta 8 THC
Now that we’ve gone over the general legal status of delta 8 on both a federal and state level, let’s answer some frequently asked questions that are related to the topic of delta 8’s legality.
Can I Legally Drive Under the Influence of Delta 8 THC?
Ultimately, it’s strictly illegal to drive under the influence of any intoxicating substance, legal or otherwise. Besides that, a law enforcement official who tests you for driving while intoxicated may pick up a positive test result, since delta 8 THC and delta 9 THC register as the same substance on a drug test.
Can Delta 8 THC Cause Me to Fail a Drug Test?
Like we just said above, delta 8 THC typically causes a positive drug test result for marijuana. That’s because both delta 8 and delta 9 convert into a metabolite called, “THC-COOH”, which is what drug tests pick up.
How Can I Check Current Laws Regarding Delta 8’s Legality in My State?
It can be tricky to stay up to date on local laws regarding cannabis products like delta 8 THC. Our best recommendation is to type the name of the cannabinoid into your search engine bar, along with the name of your state. This should show you if there any any laws in the woodwork regarding the legal status of certain hemp derivatives.
Can Delta 8 THC Flower Get Confused with Marijuana by a Law Enforcement Official?
Yes, unfortunately. Basically, delta 8 flower can undergo third-party testing to verify that it’s not, in fact, marijuana, but delta 8-infused flower buds look and smell identical to marijuana flower, and so there’s always a risk of a law enforcement official making that mistake.
Final Thoughts
Ultimately, delta 8 THC is legal in the majority of states in the country, and that’s good news. It’s unfortunate that at the same time, a number of states have outlawed delta 8 THC products. And, we’re hoping that the future is more friendly toward psychoactive hemp derivatives from a legal perspective. For the time-being, if you do live in one of the states above that permits sales of delta 8 products, there’s nothing stopping you from ordering some top-shelf delta 8 from Friendly Hemp, to see what all of the hype is about.
