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Delta 8 THC: State By State Legality of Delta 8

For the first time, cannabis is starting to become legal. It’s a giant step at the end of the war on drugs. However, some states still want to ban it. One important question is whether Delta-8 THC is legal.

In this blog post, we’ve broken down the status of legal cannabis and Delta-8 state-by-state.

Here’s everything you need to know…

What Is Delta 8?

Delta 8 THC is a cannabinoid found in marijuana and hemp. It’s also known as dronabinol, and it’s a double bond isomer of THC. It’s also different from HHC, which has 70-80% of the effects of THC. 

A main reason why people use Delta-8 is that it’s psychoactive like other cannabis products. On the other hand, it’s increasingly legal across the U.S This makes it much safer than traditional cannabis, which is great news for those who want to get high without getting high!

Delta 8 THC has a different chemical makeup than regular THC and other naturally occurring cannabinoids like CBN or CBD. Delta-8 contains only one oxygen molecule instead of two, which allows it to affect the body differently than natural cannabinoids.  The compound arises during the extraction process for cannabinoids. The process involves heating the cannabis plant material with a solvent like butane or propane to extract the oil from the plant material. The resulting product contains both Delta-8 THC and Delta-9 THC, which dissolve in natural oils that contain terpenes and other compounds. Delta-8 THC has similar properties to Delta-9 THC, but it’s not quite as potent—it can cause euphoria, pain relief, muscle relaxation, and anti-inflammatory effects. It also binds to cannabinoid receptors in the brain just like Delta-9 THC does, which means users can take it for pain management and other ailments that respond well to cannabis treatments. Because there are fewer side effects than other cannabinoids like THC and CBD, people who want relief from pain or anxiety may choose Delta-8 instead of other options—unless they live in a state that has banned Delta-8.

Legality of Delta 8 at the Federal Level

Delta 8 THC is still a Schedule I drug under the Controlled Substances Act at the federal level. However, it’s important to note that this means only that the government has declared it illegal. It doesn’t mean you can’t have or use Delta-8 if your state allows it. Each of the 50 states makes its own rules about cannabis. For example, while many states have legalized medical and recreational marijuana, some still consider CBD to be illegal. In fact, since 1970, when New Mexico banned cannabis entirely (including Delta-8), other states have taken steps toward legalizing certain forms of cannabis and its derivatives for medical and recreational purposes. In addition to its availability in specific states, Delta-8 THC is also sold online through various websites that sell marijuana products to people who are over 21 years old and live in areas where marijuana is legal.

Difference Between Medical Marijuana and Recreational Marijuana

The medical usage get-out clause allows those with certain medical conditions to use Delta-8 and a range of THC products. However, a doctor must certify this.  Medical marijuana and recreational marijuana are two different things. Medical marijuana treats symptoms of certain illnesses like cancer, AIDS, glaucoma, severe muscle spasms, and many more. It also relieves pain. Doctors prescribe this drug to their patients, and pharmacies sell it. Patients need a prescription from a doctor to use it legally. They can then exchange this at a pharmacy as they would any other medicine. Recreational marijuana is smoked for fun or as a way of getting high. It is not prescribed by doctors because it has not been shown to have any medical benefits. Recreational users inhale this drug through pipes, bongs, joints, or blunts (cigars that have been emptied and refilled with marijuana).

Legality of Delta 8 in Alabama

Delta-8 is legal in Alabama. In Alabama, it’s legal to use marijuana for medical purposes only. In a 2018 election, Alabama voters approved Amendment 2, which allows patients with certain debilitating conditions to access medical cannabis products. This amendment applies only to CBD oil. It does not permit the cultivation or sale of marijuana plants or flowers in the state. However, the status of CBD oil for pets is unclear under the Amendment. This includes Pets Brite Oil Tinctures, an oil designed for pets, not adults with medical conditions. If you’re seeking CBD oil for a pet, it’s best to consult with your veterinarian first.

Legality of Delta-8 in Alaska

The state of Alaska has not yet legalized marijuana for recreational or medical use. However, it does allow users to possess up to one ounce of cannabis for personal use. The state also allows individuals with qualifying conditions to access CBD oil and other psychoactive forms of marijuana legally.

Legality of Delta-8 in Arizona

Arizona is one of the 29 states where you can legally purchase and consume cannabis. This includes raw goods. However, there are a few restrictions on the sale of Delta-8 THC in Arizona. You need a medical marijuana card to purchase Delta-8 THC in Arizona, as well as any other form of cannabis or cannabis-based product. Don’t get caught purchasing Delta-8 from a dispensary. Police will confiscate your purchase and fine you for buying it illegally.

Legality of Delta-8 in Arkansas

According to the state of Arkansas, their position on Delta-8 THC is unclear. At the moment, Arkansas hasn’t taken a position on the legality of possessing Delta-8 THC. Where legal, Delta-8 THC products must contain less than a relatively small 0.3 percent of THC. 

Legality of Delta-8 in California

In California, Delta-8 THC is legal under California Health & Safety Code 11357(h)(7)21. The possession limit is ten grams or less. The law here is clear. California, a liberal state with a big democratic majority, is much more open to Delta-8.

Legality of Delta-8 in Colorado

In Colorado, Delta-8 THC is legal to possess and use. Delta-8 THC is a Schedule III substance since 2014, making it easier for researchers to work with the cannabinoid. However, if you’re looking at purchasing any products that contain Delta-8 THC (like a vaporizer pen), those are still illegal in Colorado.

The state does have a medical marijuana program, but there are some restrictions on who can participate in this program. You must:

  • Be 18 years old or older
  • Have one of the qualifying conditions
  • Receive written certification from your doctor
  • Register with the state registry for medical marijuana patients
  • Pay an application fee of $35 (which goes toward funding projects like drug abuse prevention programs)

Legality of Delta-8 in Connecticut

In Connecticut, the possession of Delta-8 THC is completely legal. It does not appear to be a controlled substance. In addition to being legal for possession, it is also legal for sale in certain dispensaries. For example, the site Weedmaps lists several dispensaries in Connecticut where you can purchase Delta-8 legally.

Legality of Delta-8 in Delaware

As of July 1, 2019, the legality of Delta-8 in Delaware is as follows: In May 2019, the Delaware Senate voted unanimously to pass SB 113, which legalizes medical cannabis use for qualifying patients. The bill allows qualified patients to possess up to six ounces at a time, 12 mature or 18 immature plants. It also permits caregivers to possess up to two ounces at a time and six mature or 12 immature plants. The bill passed the House on June 12th by a vote of 24-11. The law provides an affirmative defense against charges related to possession if someone can prove they have authorization from their doctor under Delaware’s Medical Marijuana Program Act — but it does not provide an affirmative defense against charges related to distribution or sale due to its Schedule I status under federal law.

Legality of Delta-8 in Florida

In Florida, Delta-8 is de-facto legal. This is because the state does not have any laws on the books that specifically address this cannabinoid compound. It falls under the United States Department of Agriculture (USDA), of which, SW Distro is licensed under, and compliant within.

Legality of Delta-8 in Georgia

In Georgia, the legality of Delta-8 is a bit more complex than it is in other states. While Delta-8 has been banned by the DEA, it’s not illegal under Georgia state law. There are no specific rules against the possession of this cannabinoid at all. However, if you do find yourself trying to get your hands on some D8THC in Georgia, you may need to be careful about where you buy it from since federal law prohibits the manufacture and distribution of any drugs considered Schedule I (like marijuana). Therefore, don’t buy something that contains Delta-8 THC or any other cannabinoids from someone outside Georgia without proper documentation from their state board of health. This must explain why you legally own it. Otherwise, you could face serious penalties if caught by police officers who aren’t familiar with these laws yet.

Legality of Delta-8 in Hawaii

Delta-8 THC is not yet legal in Hawaii. However, the state has a medical marijuana program. Do you live in Hawaii, and are you suffering from a qualifying condition? Then you can legally use medical marijuana to treat that condition.

Legality of Delta-8 in Idaho

In Idaho, Delta-8 THC is classified as a Schedule I controlled substance. This means that possession of Delta-8 is illegal for all individuals and amounts in the state of Idaho. Additionally, the sale or possession of any amount with the intent to distribute Delta-8 is also illegal in Idaho. No exceptions are made for medical marijuana either, meaning that even if you have a recommendation from your doctor, it will not protect you against prosecution if authorities discover it.

Legality of Delta-8 in Illinois

Delta-8 was illegal in Illinois since 2015 but has now been re-legalized. Residents over the age of 21 can purchase cannabis with proof of ID. There is a limit on purchases of up to 30 grams.  The legal limit applies to both recreational and medical uses of cannabis. However, individuals cannot sell any amount to anyone, and it’s illegal to travel out of Illinois and across state lines with cannabis. 

Legality of Delta-8 in Indiana

Indiana does not currently allow the use of any CBD products with Delta-8 THC. The law here is more black and white than in other states. It’s, therefore, best to avoid Indiana if you wish to use Delta-8. 

Legality of Delta-8 in Iowa

The state of Iowa has a very strict zero-tolerance policy when it comes to THC, so Delta-8 is considered illegal. However, this does not mean that you will get arrested for having or using Delta-8 in Iowa. If you are caught with Delta-8 in your possession by law enforcement officers, they will most likely confiscate it and let you go on your way. If you are found guilty of possessing or selling Delta-8 in Iowa, you could be fined up to $50 or imprisoned for up to 30 days.

Legality of Delta-8 in Kansas

The state legislature has classified Delta-8 THC as a Schedule IV controlled substance in Kansas. This means that while it is illegal to possess Delta-8, the penalties are much less severe than they would be for Schedule I or II drugs (such as marijuana). Additionally, there have been no prosecutions for possession of this chemical since it was first classified as a controlled substance by law enforcement agencies.

Legality of Delta-8 in Kentucky

Kentucky has a limited medical program, and there is no indication that the state will expand it anytime soon. Therefore, this makes Delta-8 THC generally illegal in Kentucky. However, enquire with the state department to confirm what medical conditions are required to claim Delta-8 and cannabis in general as a medicine. 

Legality of Delta-8 in Louisiana

In Louisiana, Delta-8 THC is legal for medical marijuana patients. As of June 30th, 2020, Louisiana passed SB 143, allowing for the “manufacture and sale of medical marijuana products” statewide. This means that Delta-8 will be available to patients with a prescription from their doctor.

Legality of Delta-8 in Maine

In Maine, Delta-8 THC is currently illegal. In July of 2019, the state legislature passed a bill that added Delta-8 to the list of controlled substances. The bill was sponsored by Sen. Shenna Bellows (D) and Rep. Martin Grohman (I), who claim that adding Delta-8 THC to the drug schedule will help protect Maine residents from risks associated with synthetic cannabinoids.

Legality of Delta-8 in Maryland

Delta-8 is currently prohibited in Maryland. However, it’s possible this could change. Call the local state at (888) 744-2686 for more information on Maryland’s Delta-8 THC legal status.

Legality of Delta-8 in Massachusetts

In Massachusetts, the legal classification of Delta-8 is still under debate. However, the state has not yet explicitly banned this chemical compound since it’s not listed in their laws.

Legality of Delta-8 in Michigan

Delta-8 THC is legal in Michigan. It is legal to purchase and possess CBD-containing hemp oil in this state but only if it contains THC at a maximum level of 0.3%. This means that if you plan on purchasing any products containing Delta-8 THC, you will only be able to buy products with less than 0.3% Delta-8 on the label. Our lab results are also available to help you to understand the potency of the products you buy. 

Legality of Delta-8 in Minnesota

In Minnesota, the state has approved medical marijuana for patients with terminal illnesses or debilitating conditions. Patients can only use cannabis that includes no more than 0.3 percent THC and at least 15 percent CBD. However, Delta-8 THC is not on the list of approved cannabinoids in MN, making it illegal to possess, sell or transport in this state.

Legality of Delta-8 in Mississippi

Delta-8 THC is legal in Mississippi. The state currently has no restrictions on the THC level of cannabis products, meaning you can buy and use any product containing Delta-8 THC. If you are a medical patient, this is great news because it allows you to purchase high-quality products at a reasonable price. If you are an adult user who wants to purchase this product for recreational purposes, it’s still good—you just have access to more affordable options than other states do!

Legality of Delta-8 in Missouri

In Missouri, the legality of Delta-8 THC is a bit more complicated. While many states have legalized recreational marijuana and/or legalized CBD products with trace amounts of THC, Missouri has not done either. So what does this mean for Delta-8? First, it means that you can’t buy Delta-8 in any form in Missouri—it isn’t sold there at all. But if you currently live in Missouri and want to purchase some from another state (which we don’t recommend), you may not be able to legally bring it across state lines since it is illegal for possession in other states as well.

Legality of Delta-8 in Montana

Delta-8 THC in Montana is legal for medical use but not for recreational use. Possession of up to 30 grams of marijuana is a misdemeanor punishable by up to 6 months imprisonment and/or a $500 fine. Further, possession of more than 30 grams is punishable by up to ten years imprisonment and/or a fine of $50,000. Be sure to follow these laws to avoid jail or significant fines. 

Legality of Delta-8 in Nebraska

Delta-8 THC is legal in Nebraska, but only for research purposes. There are no sales allowed at this time. However, remember the law can change quickly. Therefore, check in with local law enforcement before bringing illegal substances to the state. 

Legality of Delta-8 in Nevada

The State of Nevada does not have any marijuana-specific laws, but it does have drug paraphernalia laws.

Delta-8 THC is not legal in Nevada unless it’s sold by a licensed dispensary. The only way to be sure whether or not you are breaking the law is to contact your local District Attorney’s office and ask them if they would prosecute someone for the possession of Delta-8 THC in their jurisdiction.

Legality of Delta-8 in New Hampshire

In New Hampshire, Delta-8 THC is a Schedule I drug. This means that it is illegal to possess, sell and manufacture Delta-8 within the state lines. The penalty for possession can be up to one year in prison and $2,000 in fines, while selling could land you with three years behind bars and $4,000 in fines. Manufacturing Delta-8 is punishable by up to seven years of incarceration and $50,000 in fines

Legality of Delta-8 in New Jersey

New Jersey is one of the states where it is illegal to possess Delta-8, whether for medical or recreational purposes. The state has a zero-tolerance policy for any amount of Delta-8. This means that if you are caught with even a trace amount on your person, you could be charged with possession and face jail time and fines. If this sounds harsh to you, keep in mind that some states have even harsher penalties.

Legality of Delta-8 in New Mexico

New Mexico is another state where Delta-8 THC is legal. It’s one of the first states to legalize all forms of cannabis for medical and recreational use. Since New Mexico’s state legislature has already passed a bill legalizing all forms of cannabis for medical and recreational use, no laws regulate or limit how much Delta-8 THC you can have on your person at any given time. So long as you don’t exceed the legal limit for THC contained within your possession—and keep in mind that this varies from state to state—you should be fine.

Legality of Delta-8 in New York

In New York, Delta-8 THC is considered illegal under both the state’s controlled substances act and the public health law. Under NYS Penal Law 220.08, possession of marijuana is a class B misdemeanor that can result in up to 90 days in jail as well as a fine of up to $500.00 for first offenders; for subsequent offenses, penalties may be increased by one-year imprisonment and/or $1,000 fine. Under NY Public Health Law Section 2399-ccc(2), trafficking marijuana (Delta-8 THC included) is punishable by one to five years imprisonment if an amount greater than five kilograms is involved; if less than five kilograms but more than two ounces are involved; or if less than two ounces but more than seven grams are involved.

Legality of Delta-8 in North Carolina

The state of North Carolina has not legalized cannabis, either medicinal or recreational. But, Delta-8 is legal. You are therefore best to stick to Delta-8 THC if you are traveling to North Carolina. Be sure to ask locals and state law enforcement for advice here. 

Legality of Delta-8 in North Dakota

In 2021, North Dakota added Delta-8 to its list of controlled substances, making it illegal. Other substances on the list include Delta-7, Delta-9, and Delta-10 THC.  Although you may not receive a criminal offense in North Dakota, it’s best not to get caught carrying Delta-8 in the state.

Legality of Delta-8 in Ohio

The legality of Delta-8 in Ohio is unclear. However, remember that no specific law prohibits the compound’s possession, cultivation, or sale. Do check in with state officials and ask locals of Ohio for advice, and do this in advance of your trip. 

Legality of Delta-8 in Oklahoma

The legal status of Delta-8 in Oklahoma is unclear. The state has not explicitly banned Delta-8, so possessing and purchasing the substance may be legal. However, there are no laws permitting its production or sale either. Check in with state officials to be clear. 

Legality of Delta-8 in Oregon

Oregon was one of the first states to legalize recreational cannabis. As of July 1st, 2015, any adult 21 years or older can carry up to one ounce of flower or its equivalent in edibles (not including hash). You can also grow up to four plants at home for personal use so long as they’re secure from view. And they are not growing within 200 feet of another house. As far as Delta-8 THC goes, this cannabinoid has been studied extensively in relation to its potential cancer-fighting properties and is currently legal under Oregon’s MMJ program—but it remains illegal for recreational users.

Legality of Delta-8 in Pennsylvania

Pennsylvania has a very low threshold for THC content in its laws. Any amount of Delta-8 would be illegal in Pennsylvania unless it was less than 0.5% of the total weight of the substance. This means that any food or drink containing more than 0.5% Delta-8 will be illegal to possess or consume, even if they don’t contain other cannabinoids like THC. In Pennsylvania, it is legal to have and use Delta-8 if you have a prescription from your doctor stating that you need it for medical reasons (such as epilepsy). However, even if you have received this prescription, there are still limits on how much Delta-8 you can legally possess at once. You may only keep 15 grams with your prescription at all times; however, if your doctor prescribes less than 15 grams daily, they will not be able to write another prescription until 48 hours have passed since their last one.

Legality of Delta-8 in Rhode Island

Rhode Island is another state with a medical marijuana program. If you’re a resident of Rhode Island and have been approved for cannabis use under the program, then Delta-8 THC will be legal. So what if you don’t fall into that category? Then Delta-8 THC is not allowed in your possession.

Legality of Delta-8 in South Carolina

In South Carolina, the state has not yet created a law specifically addressing the legality of Delta-8 in cannabis products, but they have legalized medical marijuana and decriminalized possession of small amounts. Following state laws in South Carolina — which allow some forms of medical cannabis use, you may be able to purchase products containing this cannabinoid as long as they are derived from approved sources and adhere to state regulations (for example no sales to minors). Furthermore, if you’re traveling from another state where marijuana is legal (such as California) or visiting friends there who have access to it legally through either their own doctor’s recommendation or via prescription from another authorized provider like an online dispensary service; then it might also be possible for them to share some with you too!

Legality of Delta-8 in South Dakota

In South Dakota, Delta-8 THC is legal for medical use. If you are caught with it without the proper paperwork or card, you can expect to be charged with a misdemeanor. When it comes to recreational use, the law is still up in the air in South Dakota. The state has not made any statements about whether or not Delta-8 will be legalized, so if you’re looking for a place where there’s no chance of getting into trouble for using or possessing it recreationally, this may not be your best choice!

Legality of Delta-8 in Tennessee

Delta-8 THC is legal in Tennessee as of July 1, 2019. This means that you will not be arrested for possessing or selling Delta-8 THC in Tennessee. You also cannot be charged with any crime for having Delta-8 THC in your possession if it was obtained legally from a pharmacy (e.g., doctor’s prescription). Although the state does have some restrictions on what type of health care provider can prescribe it to you. For example, chiropractors and naturopaths are allowed to write prescriptions, but medical doctors may not do so unless they’re part of an academic medical center approved by the DEA and/or FDA (this excludes all hospitals).

Legality of Delta-8 in Texas

Delta-8 is legal in Texas, but the state has a wide range of laws around the use and possession of cannabis, which remains illegal. Let’s break them down.

Possession of Cannabis 

The State of Texas allows an amount of up to two ounces for personal use, but this is only applicable if you have a valid medical card. If you don’t have one, possession will be a felony offense.

This could land you with up to 180 days in jail and/or a $2,000 fine. Do be careful in Texas. 

Selling or Distributing

You can be charged with distribution for selling any amount of cannabis over five grams. This is punishable by six months in jail and a $2,000 fine per ounce sold (or fraction thereof).

For example, if someone sold five grams worth of weed on the street corner without proper paperwork showing that they are allowed to do so legally (i.e., having obtained a valid medical card). 

They would face charges related specifically to dealing rather than possession alone – even though both activities fall under the “selling” category when considering how much cannabis was involved!

Legality of Delta-8 in Utah

Delta-8 is strictly illegal in Utah. The law restricts all tetrahydrocannabinol forms to 0.3%, including Delta-8. It’s best not to bring or use Delta-8 to the state. 

Legality of Delta-8 in Vermont

In Vermont, the status of Delta-8 is still in flux. This compound has been banned in neighboring states like New York and Vermont, but it’s not currently on any federal list of banned substances. As such, you can consume Delta-8 – such as Delta-8 inhalables in Vermont without fear of legal repercussions unless a local ordinance prohibits it (more on this below).

Legality of Delta-8 in Virginia

As of today, Delta-8 THC is legal in Virginia. Hemp has been completely legalized since 2018. While it’s not clear if Delta-8 has been tested yet, we do know that CBD will be available in all forms (with or without THC) as long as they’re derived from hemp plants.

Legality of Delta-8 in Washington

Delta 8 THC is currently legal in Washington though it is unregulated. There are attempts to row back on this by lawmakers. In Washington state, the Department of Health’s (DOH) Controlled Substances Therapeutic Research Program permits patients to use medical marijuana. The DOH allows patients to possess up to 24 ounces of dried cannabis and 15 plants per patient or primary caregiver. Patients must also register with the DOH, which can take up to 60 days after application submission.

Legality of Delta-8 in West Virginia

West Virginia is the first state to make Delta-8 legal, including Delta-8 edibles. In 2018, the West Virginia Department of Health and Human Resources (WVDHHR) published an official opinion stating that “the use of hemp-derived CBD products is lawful within the State of West Virginia.” In 2021, the then-Attorney General Patrick Morrisey said: “…hemp oil is not marijuana or any part thereof, as defined by WV criminal statutes.”

Legality of Delta-8 in Wisconsin

In Wisconsin, Delta-8 is legal. It’s the most common form of THC in the state. This is because many companies produce this form of cannabis to meet consumer demand and because there are fewer negative side effects than its counterpart, Delta-9 THC.

However, not everyone knows that it’s legal in Wisconsin—and even fewer understand how they can access it.

In addition to being legal in Wisconsin, Delta-8 is also available for sale on the black market as well as through medical dispensaries across the country (although not all states have legalized both).

In some cases, you may need a prescription from a doctor before purchasing this type of cannabis; however, most dispensaries will sell it without one since there are no federal regulations concerning its sale or use yet.

Legality of Delta-8 in Wyoming

Delta 8 THC is legal in Wyoming, but not in all situations. As of 2019, you can legally purchase and consume Delta-8 THC in Wyoming if you’re 21 years or older. You can also legally purchase and possess up to 1 ounce of marijuana flower (or its equivalent) at once. However, if you’re under 21 years old, possessing any amount of Delta-8 THC is illegal unless a doctor prescribes it for medical purposes. The maximum penalty for possession by an adult who’s not allowed is six months in jail and a $750 – $1,000 fine. However, courts can reduce this penalty if the defendant has no prior convictions within the last seven years.

The Legality of THC Is Still Evolving and Can Vary From State to State

Is Delta-8 THC legal? The answer is it’s still evolving and can vary from state to state. To understand this, you need a basic understanding of what Delta-8 is and how the federal government regulates cannabis. The Controlled Substances Act (CSA) is what makes marijuana illegal at the national level. Because it’s classified as Schedule I, federal law prohibits possessing, selling, or cultivating the plant without a license from the DEA. However, states have their laws regarding medical marijuana and recreational use—for example, Alaska has no restrictions on either form; Washington D.C., California, and Oregon allow medical and recreational use. New Hampshire allows medicinal usage but only in liquid form. Nevada allows both medical and recreational use with specific regulations for each type. Maine allows medicinal usage if prescribed by your doctor but does not allow recreational sales yet due to ongoing issues surrounding regulation; Massachusetts allows both medical and recreational use with specific regulations for each type.

Is Delta-8 THC Legal? It’s Complicated 

The question of whether Delta-8 THC is legal or not is a complicated one. Nationally and globally, the picture looks optimistic. To be safe, do as much research as possible on legal THC and talk to other users of Delta-8 to discuss how they approach the law. 

Delta XL delta 8 THC

For more information and to purchase our range of Delta-8 and THC products, contact us today or shop now.



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