States Where Delta-8 Is Legal

There are currently 24 states and one district within the United States where hemp-derived delta-8 is legal. These states include Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Missouri, Nebraska, New Hampshire, and New Jersey. In addition, delta-8 is also legal in New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Virginia, Washington DC, Wisconsin, Wyoming, and Texas. Check out our lists to learn more about which states delta-8 is legal in and which states delta-8 is regulated, restricted, and illegal in below. 

 

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)

 

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)

 

State-By-State Breakdown Of States Where Delta-8 Legal

Are you interested in learning more about the legal status of delta-8 in each state? We have broken down the legal status of delta-8 products by state. Learn more about the legal status of hemp-derived delta-8 in each state and the different rules and regulations below.
 

State-By-State Delta-8 Legality Guide

Alabama (AL)

Delta-8 is legal in the state of Alabama with no current bans or restrictions on delta-8 or delta-8 products. This means that under state and federal law, delta-8 is legal to use, purchase, sell, distribute, and produce in Alabama. As a result, you can purchase delta-8 products in the state of Alabama from online retailers like Vaycay and retail stores. Additionally, under state and federal law, CBD and delta-10 products that are derived from hemp are also legal. Learn more about Vaycay's delta-8 products today!

 

Arkansas (AR)

Delta-8 is questionably legal in Arkansas.The state of Arkansas' health department has yet to explicitly place a ban or permit the use, possession, sale, or production of delta-8 products. As a result, this leaves the consequential actions at the discretion of local law enforcement.

 

Florida (FL)

Delta-8 is legal in that state of Florida. Under state law the use, possession, sale, distribution, and production of delta-8 products is permitted. Additionally, there is no possession limit or risk of penalty and prosecution in the state of Florida. 

 

Georgia (GA)

Delta-8 is legal in Georgia. Under state and federal law, the use, possession, purchase, and distribution of delta-8 is legal in Georgia. As a result, you can purchase delta-8 products in the state of Georgia from online retailers like Vaycay, CBD dispensaries, vape stores, and smoke shops. Learn more about Vaycay's delta-8 products today!

 

Hawaii (HI)

Delta 8 is legal in Hawaii. Hawaii's state law aligns with the federal laws on delta-8 products. Meaning that delta 8 products are legal in the state of Hawaii as long as they comply with the federal laws. As a result, you can purchase delta-8 products from online retailers like Vaycay, and retail stores. Learn more about Vaycay's delta-8 products today!

 

Illinois (IL)

Delta-8 is legal in Illinois. Under Illinois state law, the use, possession, sale, distribution, and production of delta-8 products are permitted. The state's Industrial Hemp Act outlines the legality of delta-8 products within Illinois. Additionally, with the passing of the Illinois Cannabis Regulation & Tax Act, marijuana and marijuana-derived delta-8 are also legal. As a result, Illinois residents can have up to 30 grams of cannabis or up to 500 mg of THC.

 

Indiana (IN)

Delta-8 is legal in Indiana. Under Indiana's state and federal laws, the purchase, use, and production of delta-8 THC and its products are legal in Indiana. As a result, you can purchase  delta-8 products online from retailers like Vaycay. You can also purchase delta-8 products in locations like CBD dispensaries, smoke shops, and vape stores across the state. To learn more about Vaycay's delta-8 products and place your order, head over to our website today! 

 

Kansas (KS)

Within the state of Kansas, delta-8 products are tentatively legal. As a result, hemp-derived delta-8 remains legal and accessible. Hemp-derived delta-8 products can be purchased in the state of Kansas through online retailers like Vaycay and in other physical retail stores. However, within the state of Kansas, recreational and medical use of cannabis is banned. This means that the possession of marijuana-derived delta-8 is considered a Class B misdemeanor. As a result, possessing marijuana-derived delta-8 is punishable by up to six months in prison. In addition, there is also a maximum fine of $1,000.

 

Kentucky (KY)

Delta-8 is temporarily legal under Kentucky state law. On February 28th, 2022, a Kentucky state judge ruled in favor of the Hemp Association. By doing this, he passed a tempory order to keep delta-8 legal within the state of Kentucky. As a result, the use, possession, sale, purchase, and production of delta-8 products are currently considered legal. Delta-8 products can be purchased by adults who are over the age of 21 throughout the state. These products can be purchased online through retailers like Vaycay and physical locations throughout the state. 

 

Maine (ME)

Hemp-derived delta-8 is legal in the state of Maine. Maine's state laws coincide with federal law after the Legislative Document 1159 passed. As a result, the use, possession, sale, distribution, purchase, and production of delta-8 products are legal and permitted within the state. This means that within the state of Maine, there is no risk of penalty or punishment for delta-8 products. Similarly, marijuana is also legal under Maine's state laws, which means that marijuana-derived delta-8 products are also legal. Delta-8 products can be purchased within the state of Maine from various retailers. The retailers include local dispensaries, stores, and online retailers like Vaycay. Click here to learn more about our delta-8 products and to place your order today!

Missouri (MO)

Missouri does not classify hemp-derived delta-8 as a controlled substance. Thus, a result of the passage of Missouri's House Bill 2034, which legalized all hemp and hemp-derived compounds, including delta-8. Therefore, making hemp-derived delta-8 legal within the state of Missouri. As a result, the possession, use, purchase, sale, production, and distribution of hemp-derived delta-8 are legal under state law. Although recreational marijuana and marijuana-derived delta-8 are still considered illegal within the state, they are decriminalized. However, possession of more than 10 grams of marijuana and marijuana-derived delta-8 is classified as a misdemeanor crime and is punishable by a fine.

 

Nebraska (NE)

Nebraska doesn't classify delta-8 as a controlled substance under state laws, with the passing of the Nebraska Hemp Farming Act. The Nebraska Hemp Farming Act is also known as Legal Bill 657, which has made delta-8 products legal within the state. Therefore, the possession, use, purchase, sale, distribution, and production of hemp-derived delta-8 products are permitted without risk of penalty.

 

New Hampshire (NH)

Under New Hampshire state law, delta-8 is not classified as a prohibited controlled substance. This resulted from the passage of House Bill 459, which legalized all hemp and hemp-derived compounds within the state. Therefore, making hemp-derived delta-8 products legal in New Hampshire. Although recreational marijuana and marijuana-derived delta-8 are not considered legal within the state, they are decriminalized.

 

New Jersey (NJ)

New Jersey's Bill A5322, also known as the New Jersey Hemp Program, has legalized delta-8. The program legalized all hemp and hemp-derived compounds, as they are not classified as controlled substances under New Jersey state law. As a result, the possession, use, purchase, sale, production, and distribution of hemp-derived delta-8 are legal in New Jersey. Additionally,  New Jersey lawmakers have also recently legalized recreational cannabis with Assembly Bill 21, which was signed into law in 2021. This means that marijuana-derived delta-8 is also permitted under New Jersey state law. 

 

New Mexico (NM)

The New Mexico Hemp Manufacturing Act has legalized hemp and hemp compounds under state law. Thus, all hemp and hemp-derived products, including hemp-derived delta-8 legal in New Mexico. Therefore, there is no risk of penalty or prosecution for the use, possession, purchase, sale, distribution, and production of hemp-derived delta-8 products. In addition, recreational marijuana has also been legalized under the New Mexico Cannabis Regulation Act for adults over the age of 21. Therefore, marijuana-derived delta-8 products are legal under New Mexico's state law.

 

North Carolina (NC)

Following the passage of North Carolina's Senate Bill 352, hemp-derived delta-8 is legal within the state. This bill excludes all hemp-derived cannabinoids, including hemp-derived delta-8, from the state's list of controlled substances. Therefore, permitting the possession, use, sale, purchase, distribution, and production of delta-8 products within the state. On the other hand, recreational and medical marijuana remain illegal within the state. This means both marijuana and marijuana-derived delta-8 are not permitted and punishable under North Carolina state law. 

 

Ohio (OH)

Ohio's Senate Bill 57 legalized all hemp and hemp compounds, which includes hemp-derived delta-8. Therefore, hemp-derived delta-8 is not classified as a controlled substance under state law. Thus, making hemp-derived delta-8 legal in Ohio. As a result, the possession, use, sale, distribution, purchase, and production of delta-8 products are permitted. In addition, there is no risk of penalty or prosecution in Ohio for hemp-derived delta-8 products. The state of Ohio also has legalized medical marijuana. All medical marijuana producers in Ohio must list the levels of delta-8, delta-10, and all THC isomers on their product's packaging as of May 2nd, 2022. Although medical marijuana is legal within the state, recreational marijuana still remains illegal. Thus, including the recreational and non-medical use of marijuana-derived delta-8

 

Oklahoma (OK)

Following the implementation of the Oklahoma Industrial Hemp Program, all hemp and hemp-derived compounds have been legalized within Oklahoma. As a result, hemp-derived delta-8 is not considered a controlled substance in Oklahoma and is legal. Therefore, the possession, use, sale, distribution, purchase, and production of delta-8 products is permitted throughout the state. Hemp-derived delta-8 products can be purchased throughout the state from physical retail stores and online vendors like Vaycay. Click here to learn more about our wide variety of delta-8 products, including delta-8 gummies, delta-8 vapes, and more!

 

Pennsylvania (PA)

Delta-8 remains legal and unrestricted within the state of Pennsylvania. After passing House Bill 967 in 2016, the state has allowed hemp-derived delta-8, along with other hemp-derived cannabinoids. However, on April 6th, 2022, two Pennsylvania state senators proposed a ban on hemp-derived delta-8 products to the state's senate. Despite the proposed ban, no official legislative decision has been made to prohibit, restrict, or limit delta-8. As a result, hemp-derived delta-8 remains legal within the state of Pennsylvania. 

 

Tennessee (TN)

Senate Bill 354 legalized all hemp and hemp-derived compounds within the state of Tennessee. As a result, hemp-derived delta-8 is not considered a controlled substance and is legal in Tennessee. Therefore, the use, possession, sale, purchase, and production of delta-8 products are legal within the state. However, marijuana and marijuana-derived delta-8 are still considered controlled substances and are illegal in Tennessee. As a result, the use, possession, sale, purchase, and production of marijuana-derived delta-8 products are punishable under state law.

Virginia (VA)

In the state of Virginia, hemp-derived delta-8 is not classified as a controlled substance. This is outlined under the state's Drug Control Act, which follows House Bill 1839. The Virginia laws separated hemp and hemp-derived compounds from marijuana and marijuana-derived compounds. Therefore, legalizing all hemp and hemp-derived compounds within the state. As a result, the possession, use, sale, distribution, purchase, and production of hemp-derived delta-8 products are legal in Virginia. 

 

Washington DC

Washington DC is considered the only U.S. District where delta-8 is legalized. Washington DC's laws follow the rules and regulations of the Federal Agriculture Improvement Act, also known as the Farm Bill. In 2019 the Farm Bill legalized hemp and hemp-derived compounds across the United States. These now legalized hemp-derived compounds include hemp-derived delta-8. Therefore, hemp-derived delta-8 products are legal within the U.S. District, Washington DC.

 

Wisconsin (WI)

Wisconsin does not categorize Delta-8 as a controlled substance. Therefore, within the state of Wisconsin, delta-8 is legal. As a result, the use, purchase, possession, sale, and product of delta-8 products are permitted. In addition, there is no risk of penalty or prosecution for hemp-derived delta-8 products. However, marijuana and marijuana-derived delta-8 are illegal and punishable by law in the state of Wisconsin. 

 

Wyoming (WY)

The state of Wyoming does not classify hemp-derived delta-8 as a controlled substance. Therefore, hemp-derived Delta-8 is legal in the state of Wyoming. As a result, the use, purchase, possession, sale, distribution, and production of hemp-derived delta-8 products is permitted. However, marijuana and marijuana-derived delta-8 are illegal and punishable under state law in Wyoming. 

 

Texas (TX)

After a long, brutal fight between Texas lawmakers and delta-8 vendors, delta-8 is temporarily legal. Texas lawmakers attempted back in September of 2021 to ban delta-8 products with House Bill 2593. After the bill had failed to make it through the state's legislation, the Texas Department of State Health Service made an update to its website. The update claimed that delta-8 is an illegal controlled substance prohibited in Texas. However, a delta-8 vendor based out of Austin, Texas, sued the Texas Department of State Health Service. During the fight in court, the delta-8 vendor had asked for an injunction. The court granted the application for an injunction, temporarily legalizing delta-8 products in the state of Texas.

 

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

Want to learn more about the states where delta-8 is illegal, regulated, and restricted? We have broken down the legality of delta-8 in each state in our state-by-state delta-8 legality guide. This guide will tell you all about the legal status of delta-8 in each state where delta-8 is illegal, regulated, and restricted. In addition, our guide will also tell you about the different laws, regulations, and restrictions for delta-8 products in each state. Click here to check out our state-by-state breakdown of states where delta-8 is illegal, regulated, and restricted to learn more about the legal status of delta-8. 

 

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