Is Delta 8 Legal In Your State? Your Ultimate Guide

 

You’ve probably been hearing a lot about Delta 8 lately. With the 2023 Farm Bill fast approaching, several states are determining whether to regulate, restrict or fully ban the psychoactive cannabinoid. Now more than ever, it can be confusing to know where it’s legal and where it’s not. No worries. In this post we’ll give you the full guide into Delta 8’s legality in the United States, and explore the various state laws surrounding this controversial cannabinoid. 

What is Delta 8?

Delta 8 is a psychoactive cannabinoid, found naturally in cannabis and hemp plants. Its euphoric effects are similar to Delta 9, commonly referred to as THC, although it is milder. Many people have used it to help relieve pain, inflammation, anxiety, and insomnia. Delta 8 is commonly available in disposable vapes, vape cartridges, edibles, gel capsules and more. 

Is Delta 8 Legal?

Hemp is federally legal. When the 2018 Farm Bill was signed into law, it legalized hemp. This also meant that the cannabinoids naturally found in hemp plants became legal as well. Since then the hemp industry has grown rapidly. While much needed reasonable regulations are needed in the industry, states have taken Delta 8's legality into their own hands by either regulating, restricting, or banning the compound and others like Delta 10 and HHC. 

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Where Is Delta 8 Legal?

It can be confusing to know the legality of alternative cannabinoids Delta 8, Delta 10, and HHC are legal in your state. To make it easier, we’ve provided a state by state guide to Delta 8’s legality below. This page will be updated as new bills and laws are introduced, so be sure to check back for updates. 

Alabama 

Is Delta 8 Legal In Alabama?

Yes. Delta 8 is legal and regulated in Alabama. Refer to HB 219 (2023)

 

Alaska

Is Delta 8 Legal In Alaska?

No. Delta 8 is illegal in Alaska.

 

Arizona

Is Delta 8 Legal In Arizona?

No. Delta 8 is illegal in Arizona. However, two bills are presently in session, SB 1271 and SB 1453

 

Arkansas

Is Delta 8 Legal In Arkansas?

Yes. Delta 8 is legal in Arkansas with regulations in place. Refer to SB 358 (2023) which has been referred back to HB 1605. 

 

California

Is Delta 8 Legal In California?

Yes. Delta 8 is legal in California.       

 

Colorado

Is Delta 8 Legal In Colorado?

No. Delta 8 is Illegal in Colorado. Refer to HB 1317 (2021)

 

Connecticut

Is Delta 8 Legal In Connecticut?

No. Delta 8 is illegal in Connecticut. DB 1201 (2021)

 

Delaware

Is Delta 8 Legal In Delaware?

No. Delta 8 is illegal in Delaware. Refer to SB 266 (2018) 

 

Florida

Is Delta 8 legal in Florida?

Yes, Delta 8 is currently legal in Florida. However, recently there’s been a push to regulate the compound in House Bill 1475/State Bill 1676.  Regulations include an age limit of 21 as well as restrictions on packaging characteristics such depicting cartoons, animations, promotional characters, or other features that specifically target or attract children. 

 

Georgia

Is Delta 8 legal in Georgia?

Yes. Delta 8 is legal in Georgia. SB 22 was recently in session but then adjourned. 

Learn more here: "Georgia Senate Vote To Ban Delta-8 THC Put On Pause"

 

Hawaii

Is Delta 8 Legal In Hawaii?

No. Delta 8 is illegal in Hawaii. Refer to HB 2689 (2021)

 

Idaho

Is Delta 8 Legal In Idaho?

No. Delta 8 is illegal in Idaho. Refer to HB 126 (2021)

 

Illinois

Is Delta 8 Legal In Illinois?

Yes. Delta 8 is legal in Illinois with no regulations in place.

 

Indiana

Is Delta 8 Legal In Indiana?

Yes. Delta 8 is legal in Indiana with no regulations in place.

 

Iowa

Is Delta 8 legal in Iowa?

No. Delta 8 is illegal in Iowa. IA State Code §124.101 / Iowa Hemp act

 

Kansas

Is Delta 8 legal in Kansas?

Yes. Delta 8 is legal in Kansas. At this time there are no regulations in place.

 

Kentucky

Is Delta 8 legal in Kentucky?

Yes. Delta 8 is legal in Kentucky with regulations, per HB 544 passed in 2023

 

Louisiana

Is Delta 8 Legal In Louisiana?

Yes Delta 8 is legal in Louisiana with regulations in place. HB 640 (2021) & HB 758 (2022) outline its limitations.  8mg per edible Delta 8 or Delta 9. No inhalation (Refer to registry of Airbars)

 

Maine

Is Delta 8 Legal In Maine?

Yes. Delta 8 is legal in Maine, with no regulations in place. 

 

Maryland

Is Delta 8 Legal In Maryland?

Yes. Delta 8 is legal in Maryland, with regulations. 2023 SB 0516 and HB 556 

 

Massachusetts

Is Delta 8 Legal In Massachusetts?

Yes. Delta 8 is legal in Massachusetts. MA Bill H4001 (2022) 

 

Michigan

Is Delta 8 Legal In Michigan?

No. Delta 8 is illegal in Michigan. Refer to HB 4517 (2021)

 

Minnesota

Is Delta 8 Legal In Minnesota?

Yes. Delta 8 is legal in Minnesota with regulations. Per Minn. Stats. §151.72 (2022) the legal amount is 5mg per edible, 50mg per package.

 

Mississippi

Is Delta 8 Legal In Mississippi?

Yes. Delta 8 is legal in Mississippi. There are no regulations in place. 

 

Missouri

Is Delta 8 Legal In Missouri?

Yes Delta 8 is legal in Missouri, with regulations in place. Refer to HB 2034 (2018)

 

Montana

Is Delta 8 Legal In Montana?

No. Delta 8 is illegal in Montana. Refer to HB 2034 (2018)

 

Nebraska

Is Delta 8 Legal In Nebraska?

Yes Delta 8 is legal in Nebraska with no regulations. 

 

Nevada

Is Delta 8 Legal In Nevada?

No. Delta 8 is illegal in Nevada. Refer to SB 49 (2021)

 

New Hampshire

Is Delta 8 Legal In New Hampshire?

Yes. Delta 8 is legal in New Hampshire. There are no regulations in place. 

 

New Jersey

Is Delta 8 Legal In New Jersey?

Yes. Delta 8 is legal in New Jersey. There are no regulations in place.

 

New Mexico

Is Delta 8 Legal In New Mexico?

Yes. Delta 8 is legal in New Mexico with regulations. Refer to HB 581 (2019)

 

New York

Is Delta 8 Legal In New York?

No. Delta 8 is illegal in New York. Refer to SB 854A (2021)

 

North Carolina

Is Delta 8 Legal In North Carolina?

Yes. Delta 8 is legal in North Carolina. There are no regulations in place. 

 

North Dakota

Is Delta 8 Legal In North Dakota?

No. Delta 8 is illegal in North Dakota. Refer to HB 1045 (2021)

 

Ohio

Is Delta 8 legal in Ohio?

Yes. Delta 8 is legal in Ohio. There are no regulations in place.

Oklahoma

Is Delta 8 Legal In Oklahoma?

Yes. Delta 8 is legal in Oklahoma. There are no regulations in place.

 

Oregon

Is Delta 8 Legal In Oregon?

No. Delta 8 is illegal in Oregon. Refer to HB 3000 (2021)

 

Pennsylvania

Is Delta 8 Legal In Pennsylvania?

Yes. Delta 8 is legal in Pennsylvania. There are no regulations in place.

 

Rhode Island

Is Delta 8 Legal In Rhode Island?

No. Delta 8 is illegal in Rhode Island. Refer to HB 5151 (2019)

 

South Carolina

Is Delta 8 legal in South Carolina?

Yes. Delta 8 is legal in South Carolina with no regulations. 

 

South Dakota

Is Delta 8 Legal In South Dakota?

No. Delta 8 is illegal in South Dakota. Refer to HB 1226 (2023)

 

Tennessee

Is Delta 8 legal in Tennessee?

Yes. Delta 8 is legal in Tennessee. There are regulations in place, with the recent passing of SB 378 and HB 403.

 

Texas

Is Delta 8 legal in Texas?

Yes. Delta 8 is legal in Texas. However HB 1805 aims to ban Delta 8 and other THC isomers. The bill is currently in session.

 

Utah

Is Delta 8 Legal In Utah?

No. Delta 8 is illegal in Utah. Refer to SB 190 (2022)

 

Virginia

Is Delta 8 Legal In Virginia?

Yes. Delta 8 is legal in Virginia. The state considered SB 391. However, the governor has asked to amend the bill or he will veto due to economic impact

 

Vermont

Is Delta 8 Legal In Vermont?

No. Delta 8 is illegal in Vermont. Refer to VT Hemp Rules (2020)

 

Washington

Is Delta 8 Legal In Washington?

No. Delta 8 is illegal in Washington. Refer to WSR 21-10-045 (2021)

 

West Virginia

Is Delta 8 legal in West Virginia?

No. Delta 8 is illegal in West Virginia. SB 220 / SB 546 were recently passed, banning the cannabinoid. 

Learn more here: “Controversial New Delta 8 Bill Shocks West Virginia”

 

Wisconsin

Is Delta 8 Legal In Wisconsin?

Yes. Delta 8 is legal in Wisconsin with no regulations. 

 

Wyoming

Is Delta 8 Legal In Wyoming?

Yes. Delta 8 is legal in Wyoming with no regulations. 

 

Where To Find High Quality Delta 8 Near You.

As the hemp industry continues to grow and evolve, it can be find trustworthy and reliable, high-quality Delta 8 products like disposable vapes, vape cartridges, edibles, prerolls, and more. If you’re a Delta 8 enthusiast in a legal state, you can now find Delta 8 near you with ease. How? By using our store locator, you can locate a shop that sells our products near you. 

We are also excited to announce the release of our new 4ml disposable vapes. Now available in 4 different blends and strains. Get Charged in Strawberry Cough and Dream in Grandaddy Purp. You can also enjoy Euphoria in our best selling strain, Green Crack, or get in touch with your inner Introvert in Blueberry Og. What do you think about your state’s legality status on Delta 8? Let us know in the comments. Stay safe and stay mellow.

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