Delta-8 products are currently in a state of limbo and are considered to be in a legal gray area. This is a result of the federal court ruling finding delta-8 legal. This ruling came from a three-judge panel of the Ninth Circuit Court of Appeals. The panel rejected arguments of delta-8 products not being legal or protected under the Farm Bill of 2018. In a 3-0 court ruling in favor of delta-8 products not being defined as marijuana. This means that delta-8 products are protected under the 2018 Farm Bill. As a result, the federal appeals court ruling found delta-8 products to be federally legal if they are derived from hemp. Although delta-8 is legal on a federal level, this does not mean these products are legal in all 50 states. Each state has its own laws that place it into one of the three following categories: legal, illegal, or regulated/unclear. Keep reading to find out what states delta-8 is legal in.
Where is Delta 8 Legal?
There is much controversy over Delta-8 products, with states divided on the substance's legality. With 22 states placing regulations, restrictions, and bans on the Delta-8 products and 28 states where it remains legal. Each state in the U.S. has its own laws on the substance that fall into one of the following three categories: illegal, regulated, or legal. States falling into the illegal category have entirely prohibited Delta-8 within their state. Regulated Delta-8 states have placed rules and restrictions on Delta-8 products. For example, these regulations can include being available only from licensed cannabis retail stores. In addition, another example of this can involve limiting delta-8 products to be no more than 1% total THC by the product's total weight. Lastly, there are 28 states where Delta-8 remains legal with no official ban on the substance or products containing the substance. However, remember that these laws are subject to change with laws and bills being passed daily. Keep reading below to learn more about the legality of Delta-8 products by state.
States That Have Regulated, Restricted, & Banned Delta-8
Currently, there are a total of 22 states that have regulated, restricted, or banned Delta-8 in the United States. These states include Alaska, Arizona, California, Colorado, Connecticut, Delaware, Idaho, Iowa, Louisiana, Michigan, Minnesota, Mississippi, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington. Some of these restrictions and regulations can include only being available from licensed cannabis retail stores or licensed dispensaries. There are many other restrictions and rules that these states can put in place, and they can always change with updated and new laws and bills.
22 States With Regulations, Restrictions, and Bans on Delta-8:
- New York
- North Dakota
- Rhode Island
- South Dakota
- South Carolina
States Where Delta-8 Is Legal
Currently, there are 28 states and 1 district of the United States of America where delta-8 remains completely legal. These states include Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming. Along with these 29 states, we have Washington D.C., which accounts for the one U.S. district where delta-8 is legal. As a result of delta-8 products being legal, you are allowed to purchase delta-8 products from retail stores like smoke shops and online retailers like Vaycay. Learn more about Vaycay's delta-8 products today!
28 States & 1 District Where Delta-8 is Legal:
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- Washington DC
- West Virginia
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