States Where Delta-8 Is Illegal, Regulated, & Restricted

There are currently 26 states in the United States where hemp-derived delta-8 is restricted, regulated, or illegal. These states include Alaska, Arizona, California, Connecticut, Colorado, Delaware, Idaho, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, and Nevada. Along with New York, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Washington, West Virginia, Utah, and Vermont. Some of the regulations and restrictions that some of these states have put in place include only being available from licensed cannabis retail stores or licensed dispensaries. However, there are many different restrictions, regulations, and laws that different states have put in place. In addition, these restrictions, regulations, and laws all vary from state to state. Below we have included two lists, one list of states where delta-8 is legal, and the other list contains states where delta-8 is now regulated, restricted, and illegal.

 

List of States Delta-8 is Restricted, Regulated, & Illegal

1. Alaska (AK)
2. Arizona (AZ)
3. California (CA)
4. Connecticut (CT)
5. Colorado (CO)
6. Delaware (DE)
7. Idaho (ID)
8. Iowa (IA)
9. Louisiana (LA)
10. Maryland (MD)
11. Massachusetts (MA)
12. Michigan (MI)
13. Minnesota (MN)
14. Mississippi (MS)
15. Montana (MT)
16. Nevada (NV)
17. New York (NY)
18. North Dakota (ND)
19. Oregon (OR)
20. Rhode Island (RI)
21. South Carolina (SC)
22. South Dakota (SD)
23. Washington (WA)
24. West Virginia (WV)
25. Utah (UT)
26. Vermont (VT)

 

List of States & 1 District Where Delta-8 is Legal

1. Alabama (AL)
2. Arkansas (AR)
3. Florida (FL)
4. Georgia (GA)
5. Hawaii (HI)
6. Illinois (IL)
7. Indiana (IN)
8. Kansas (KS)
9. Kentucky (KY)
10. Maine (ME)
11. Missouri (MO)
12. Nebraska (NE)
13. New Hampshire (NH)
14. New Jersey (NJ)
15. New Mexico (NM)
16. North Carolina (NC)
17. Ohio (OH)
18. Oklahoma (OK)
19. Pennsylvania (PA)
20. Tennessee (TN)
21. Virginia (VA)
22. Washington DC
23. Wisconsin (WI)
24. Wyoming (WY)
25. Texas (TX)

State-By-State Break Down Of States Where Delta-8 Is Illegal, Regulated, & Restricted

Are you interested in learning more about the different delta-8 laws, regulations, and restrictions in each state? We have broken down the legal status of delta-8 in each state so you can learn more about each state's delta-8 laws, rules, and regulations. Keep reading to learn more about the states where delta-8 has been banned, regulated, and restricted. 

 

State-By-State Delta-8 Legality Guide

Alaska (AK)

Delta-8 is not legal in Alaska. Under state law, Alaska classifies delta-8 as a Schedule IIIA controlled substance. As a result, Alaska does not permit the use, possession, sale, distribution, or production of delta-8. Charges for the possession of delta-8 products in Alaska can range from a Class C misdemeanor to a felony. 

Arizona (AZ)

Delta-8 is illegal in Arizona, despite the state's liberal hemp and marijuana laws. As a result, you can't legally use, possess, sell, buy, distribute, or produce delta-8 products in Arizona. Possession of delta-8 products anywhere in the state places you at risk of a penalty or prosecution.

California (CA)

Delta-8 is restricted in the state of California. Under state law, the use, possession, sale, distribution, and production of delta-8 products are regulated in California. These regulations restrict the possession of any hemp-derived products with a combined THC concentration of more than 0.3%. However, in the state of California adults are able to purchase a maximum of 28.5 grams of marijuana-derived delta-8 from licensed dispensaries.

Connecticut (CT)

Delta-8 is regulated in the state of Connecticut. Under the state's existing marijuana laws from the Senate Bill 1201. This bill states that delta-8, along with other THCs that are derived from hemp can only be sold by licensed cannabis establishments.  

Colorado (CO)

Delta-8 is illegal in Colorado. Despite the state's relaxed medical and recreational marijuana laws the state prohibits delta-8 products. According to Colorado's Uniform Controlled Substances Act and SB 14-184 delta-8 is considered a controlled substance under state law. As a result, the state of Colorado does not permit the use, possession, sale, distribution, and production of delta-8 products.   

Delaware (DE)

Delta-8 is illegal in Delaware under state law. This means that the use, possession, sale, distribution, and production of delta-8 products is not permitted under state law. Although Delaware has decriminalized marijuana possession in small quantities, the state classifies all tetrahydrocannabinols as banned substances under its Uniform Controlled Substances Act. As a result, the penalties for delta-8 possession can range from fines to extended prison time. 

Idaho (ID)

Delta-8 is illegal in Idaho. Idaho is well-known for having some of the most strict hemp laws in the country. Within the state of Idaho, hemp-derived products are not allowed to carry any percentage of THC. This is outlined in House Bill 126, as well as in the Idaho Uniform Controlled Substances Act. As a result, the use, sale, possession, distribution, and production of delta-8 and delta-8 products are not permitted.

Iowa (IA)

Although Iowa's laws on hemp can be confusing, delta-8 products and substances are illegal in Iowa. The state laws in Iowa declare that almost every part of the marijuana plant is illegal. All tetrahydrocannabinol substances are considered to be Schedule I controlled substances in chapter 124 of the Iowa Controlled Substances Act. Additionally, the Iowa Department of Agriculture and Land Stewardship has also declared delta-8 products to be prohibited. Inhalable cannabis products, which include delta-8 products, are illegal, according to House File 2581. These inhalable cannabis products include vape pens, pre-rolls, and flower. As a result of these laws and regulations, delta-8 is prohibited and illegal within the state of Iowa.  

Louisiana (LA)

Delta-8 is regulated within the state of Louisiana. Throughout the state, strict limitations have come to follow after the passing of House Bill 758. This bill was signed into law on June 16th, 2022, and states that all hemp vendors must be licensed by the state to sell delta-8 products. These vendors must also submit each delta-8 product they offer to the state for consumer safety testing. In addition to submitting their products for testing, products must also be derived from federally legal hemp plants. These products also cannot contain any more than 0.5 mg of delta-8 THC. Licensed vendors can only sell their delta-8 products to adults over the age of 21. 

Maryland (MD)

Under Maryland's existing marijuana laws and Senate Bill 778, delta-8 is now regulated. These regulations state that to use, possess, or purchase delta-8 products, consumers must be over the age of 21. Similarly, delta-8 companies can not sell or distribute their delta-8 products to anyone under 21 years of age. As a result, you can purchase delta-8 products in the state of Maryland from online retailers like Vaycay, CBD dispensaries, vape stores, and smoke shops. Learn more about Vaycay's delta-8 products today!

Massachusetts (MA)

Delta-8 is banned and considered to be illegal in the state of Massachusetts. The Massachusetts government website states that delta-8 is a controlled substance. Therefore, the state will not allow the production or sale of delta-8 products. As a result, all delta-8 products are illegal within the state of Massachusetts.

Michigan (MI)

Delta-8 is regulated throughout the state of Michigan. Under House Bill 4517, in order to sell, distribute, and manufacture delta-8 products, companies and vendors must be licensed by the state. As a result, delta-8 companies and vendors cannot sell delta-8 products without the proper licensing from the Michigan Marijuana Regulatory Agency. In addition, these licensed delta-8 vendors cannot legally sell delta-8 products to anyone under 21 years of age. Similarly, consumers must also be over the age of 21 to legally buy delta-8 products. 

Minnesota (MN)

Delta-8 is now regulated in Minnesota, as of July 1st, 2022, under state law. This law is intended to prohibit the sale of products that contain high amounts of THC, including delta-8 THC. However, this law has also established a moderately high limit on hemp-derived THC in food and beverages. This new law states that food and drinks can't contain more than five mg of hemp-derived THC per serving. Additionally, these food and beverages are not allowed to contain more than fifty mg per package.

Mississippi (MS)

Delta-8 is illegal in Mississippi. Under Mississippi state law, delta-8 is considered a controlled substance, which is prohibited. The state's House Bill 1547 from 2019 legalized hemp and hemp-derived compounds, which aligns with the federal Agriculture Improvement Act known as the Farm Bill. However, this bill did not remove THC and its isomers from the list of controlled substances, which includes delta-8. As a result, the use, possession, purchase, sale, distribution, and production of delta-8 are illegal. Additionally, under the state's laws, marijuana and marijuana-derived delta-8 are illegal and not permitted. 

Montana (MT)

The state of Montana classifies delta-8 as a controlled substance. Therefore, making delta-8 illegal under Montana state law. This law follows the amendments made to the state's Controlled Substances Act of 2019. As a result, the possession, use, purchase, sale, distribution, and production of hemp-derived delta-8 products are prohibited under state law. However, recreational marijuana is legal within the state of Montana for adults of the age of 21. Therefore, it is unclear as to the legal status of marijuana-derived delta-8 within the state.

Nevada (NV)

Under Nevada state law, delta-8 is considered to be a controlled substance. Therefore, delta-8 products are illegal within the state of Nevada. As a result, there is a risk of penalty and prosecution for the possession, use, purchase, sale, production, and distribution of delta-8 products.

New York (NY)

New York legislation and the New York Cannabis Control Board have banned all delta-8 products for improper mislabeling and a lack of safety. Therefore, making all delta-8 products illegal in New York.

North Dakota (ND)

With the passing of North Dakota's House Bill 1045, delta-8 has been classified as a controlled substance. Therefore, making delta-8 illegal in the state of North Dakota. As a result, the possession, use, sale, production, and distribution of delta-8 products are unlawful and not permitted in the state. In addition, marijuana and marijuana-derived delta-8 are also illegal under North Dakota state law.

Oregon (OR)

As of July 1, 2022, all artificially derived cannabinoids are illegal and strictly prohibited within the state of Oregon. These banned substances include hemp-derived cannabinoids like delta-8, THC-O, and delta-10. In addition, a ban has been placed on non-intoxicating CBN products. Therefore, all delta-8, THC-O, delta-10, and CBN products are prohibited. As a result, these products are illegal, and the use, purchase, sale, or production is punishable by Oregon state law.

Rhode Island (RI)

Under Rhode Island's Uniform Controlled Substances Act, delta-8 is categorized as a Schedule I controlled substance. Therefore, making delta-8 and delta-8 products illegal within the state. As a result, the possession, use, sale, distribution, purchase, and production of both hemp-derived and marijuana-derived delta-8 products are prohibited.

South Carolina (SC)

Within the state of South Carolina, delta-8 is stuck in a gray area. Hemp-derived delta-8 is technically legal within the state of South Carolina. However, Attorney General Alan Wilson argues that hemp-derived delta-8 products bearing the federal limit of 0.3%THC are not permitted within the state. Therefore, the possession, use, sale, distribution, and production of hemp-derived delta-8 products are not officially prohibited. As a result, the legal status of delta-8 within the state of South Carolina is stuck in a gray area. 

South Dakota (SD)

As of March 2022, hemp-derived delta-8 is regulated within the state of South Dakota after the passing of House Bill 1292. House Bill 1292 allows adults over the age of 21 to legally have access to hemp-derived delta-8 products. The bill also allows these adults to access other hemp products, including delta-10, HHC, and THC-O. Within the state, marijuana and marijuana-derived compounds still remain illegal. However, there is no penalty for carrying less than 1 ounce of marijuana-derived delta-8 within the state. On the other hand, possessing anything above 1 ounce of marijuana-derived delta-8 is punishable by law.

Washington (WA)

Delta-8 is illegal in the state of Washington. The Washington State Liquor and Cannabis Board has restricted all delta-8 products. This is outlined in Policy Statement #PS21-01 from the Washington State Liquor and Cannabis Board. As a result, The sale, purchase, and production of delta-8 products within the state of Washington is illegal. 

West Virginia (WV)

West Virginia lawmakers had attempted to restrict and regulate delta-8 earlier this year with Senate Bill 666. However, the bill failed to get passed. Therefore, delta-8 is not classified as a controlled substance in West Virginia and remains legal. As a result, under state law, West Virginia permits the possession, use, sale, distribution, and production of delta-8 products. Additionally, there is no risk of penalty or prosecution for products containing delta-8.

Utah (UT)

In the state of Utah, delta-8 is restricted and regulated. The state's restrictions and regulations follow the state's already existing medical marijuana laws. Therefore, this means that delta-8 products in the state of Utah can only be used, possessed, and purchased by medical marijuana patients with a qualifying condition. In addition, delta-8 companies and their products must be licensed by Utah's health department.

Vermont (VT)

Delta-8 has been classified as illegal in the state of Vermont. This decision came after the Vermont Agency of Agriculture, Farms, and Markets announcement stating that delta-8 could be categorized as a controlled substance. The Vermont Agency of Agriculture, Farms, and Markets regulates and oversees the hemp program within the state. The state's agency considers synthetically-derived delta-8 products to be classified as a controlled substance and prohibited under state law. As a result, the use, sale, possession, and production of delta-8 products within Vermont are illegal and punishable by law. However, H. 548 is a new possible bill that is attempting to make it through Vermont legislation. If passed, the bill will regulate delta-8 products under the existing marijuana laws in the state. 

 

States Where Delta-8 Is Legal

Want to learn more about the states where delta-8 is legal? Click here to check out our state-by-state breakdown of states where delta-8 is legal. 

 

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