Is Delta-8 THC Legal?

Delta-8 has been popular in recent years, and many people use this item for recreational and medicinal purposes. However, the most asked question about Delta-8 THC is whether it is legal or not.

Delta-8 THC derived from hemp is considered legal under federal law for the time being. However, several states are beginning to prohibit or limit its use due to some effects of Delta-8 THC.

Today, we will look at the Delta-8 THC legislation of each state and what the FDA states about the usage of this product.

What is Delta-8 THC, and what makes it popular?

Delta-8 has the same chemical formula as delta-9 THC, but its atoms are organized differently. According to research, Delta-8 is approximately 66% as potent as delta-9. This implies that it has the potential to make you feel euphoric while also producing other THC-related effects such as sedation.

One reason for the popularity of Delta-8 THC is that it appears to have a lesser risk of inducing anxiety and other frequent side effects associated with delta-9 THC. Due to the increasing demand for this product, the United States is working on bills to either regulate, ban or legalize Delta-8 THC.

Overview of the legality of the Delta-8 per state

Individual states have laws on the various psychoactive and non-psychoactive substances, classified as regulated, a legal gray area, illegal, and completely legal. As of writing, the use of Delta-8 is currently permitted in 32 states.

Two states treat Delta-8 THC as a controlled substance in the same way as recreational cannabis. The legality of Delta-8 is still in the gray area in three states. Lastly, Delta-8 is still prohibited in 13 states. Read on below for more information about the legality of this compound found in a cannabis plant per state:


You can purchase Delta-8 items without encountering any difficulties in Alabama. The Alabama House Bill 2, which was enacted in April 2021, did not include an amendment that would have prohibited the sale of Delta-8 and delta-10 items. In addition, a similar amendment to the state’s medicinal marijuana legislation was also removed.


The Arkansas House Bill 1640, which superseded an earlier hemp law, led to the legalization of Delta-8 THC within the state.


Delta-8 is legal in the state of Florida. However, this might change if House Bill 679 is passed. The proposed legislation attempts to establish new rules for hemp products.


In Georgia, hemp-derived products were declared legal by House Bill 213, enacted in 2019.


Hawaii allows the use of Delta-8 THC except for edibles and inhalable goods such as gummies, vapes and flowers.


It is legal to possess and use Delta-8 THC in Illinois. State legislators are also drafting legislation that will require all cannabis products to be thoroughly vetted and labeled before they can be marketed.


Delta-8 produced from hemp in Indiana is lawful, except for smokable items.


In Kansas, Delta-8 THC is considered legal. Like many states, Kansas only has one legislation prohibiting that leads to a delta-9 THC ban.


The use of Delta-8 THC is lawful in Kentucky, but Senate Bill 170, which was proposed in February 2022, might make it illegal once passed.


Delta-8 is only partially allowed in the state of Louisiana. Per House Bill 640, approved in August 2021, there will be a ban on inhalable items such as vapes and flowers.


All hemp-derived goods are permitted in the state of Maine.


Maryland permits the use of Delta-8 THC legally.


Delta-8 THC, as well as the usage of recreational cannabis, is lawful in Massachusetts.


Delta-8 THC has been allowed to possess and be used in the state for many years.


Delta-8 and other hemp-derived goods are allowed in the state of Missouri.


In Nebraska, Delta-8 THC and various hemp-derived products are excluded from the state’s list of illegal and restricted drugs.

New Hampshire

Delta-8 THC in New Hampshire is permitted since it is considered a hemp-derived substance in the state.

New Jersey

In the state of New Jersey, Delta-8 THC is permitted. Recreational marijuana has also been allowed in the state since 2021.

New Mexico

Delta-8 THC is lawful in New Mexico. The hemp rules in the state are comparable to the federal level.

North Carolina

Delta-8 THC in North Carolina is authorized under North Carolina law.


Delta-8 is a legal substance in the state of Ohio. Even though the state’s Medical Marijuana Control Program has stated that medical marijuana products containing Delta-8 THC are subject to specific laws, this does not apply to unregulated goods.


The use of Delta-8 THC is permitted in Oklahoma. The state expressly excludes the compounds Delta-8 and delta 10 from the definition of marijuana, which is prohibited in the state.


Delta-8 is permitted in Oregon even though the state-approved laws in July 2021 identify Delta-8 as an “adult-use cannabis item.” The sole restriction is that Delta-8 cannot be sold to anybody under 21 years.


Delta-8 THC is allowed to possess and use in the state. The state authorizes all hemp-derived products as long as they contain less than 0.3% THC, which is the legal limit in the state.

South Carolina

Delta-8 THC is allowed in South Carolina. Although there have been rumors of police raids on Delta-8 vendors across the state, individual enforcement officials will be responsible for determining whether or not the state’s Hemp Act is being violated, according to the governor.

South Dakota

In South Dakota, the use of Delta-8 is permitted.


Delta-8 is an authorized and regulated substance in the state of Tennessee. Nobody under the age of 21 can acquire Delta-8 and other psychoactive substances found in cannabis plants. They must be subjected to third-party testing by an authorized laboratory before being sold.


For the time being, Delta-8 THC is legal in Texas. House Bills 3948 and 2593, both intended to outlaw it, failed to gain passage in April and May of 2021.


The use of Delta-8 THC in Virginia is authorized under Virginia law. However, even though the governor attempted to change an April 2022 measure to make it illegal, the state senate rejected the modified law.


Using Delta-8 is lawful in the state of Wisconsin.


Delta-8 is a legal substance in Wyoming. As long as it contains less than 0.3% THC is considered lawful throughout the state.

Washington D.C.

Delta-8 THC and recreational marijuana are allowed in the District of Columbia.


In Connecticut, Delta-8 THC is strictly controlled, and it may only be purchased from licensed cannabis merchants. On July 1, 2021, the state-approved Bill 1201. This legalized adult-use cannabis and added Delta-8 to the definitions of THC and marijuana.


Delta-8 is controlled in Michigan in the same manner as recreational cannabis is regulated in other states. On July 17, 2021, the state enacted House Bill 4517, making it unlawful to sell Delta-8 and other THC isomer products outside registered marijuana dealers. The law went into effect immediately.


In California, Delta-8 THC is either prohibited or restricted. The state legislature enacted a law known as Bill AB-45 in October 2021. It added Delta-8 to the definition of THC and made it unlawful to sell hemp products containing more than 0.3% THC.


Delta-8 appears to be lawful in Mississippi since hemp-derived products are excluded from the state’s definition of THC under the state’s restricted drugs statute.


Delta-8 THC in Arizona is either prohibited or strictly restricted in the same way as recreational cannabis is in the state.


Delta-8 THC is banned in the state, even though recreational cannabis is permitted. This is because all kinds of THC are prohibited. And on top of that, hemp-derived goods are still banned in Alaska unless approved by the state’s industrial hemp pilot program.


In Colorado, Delta-8 THC is considered unlawful. The state explained that transforming any cannabinoids derived from hemp through a chemical process is non-compliant with state regulations.


Delta-8 is not permitted in Delaware as per its Controlled Substances Act.


Delta-8 and all other THC forms are prohibited in Idaho, which has relatively strict cannabis laws.


Non-inhalable, edible hemp items are legal in Iowa, but it is unclear if this legislation applies to Delta-8 THC.


Delta-8 is prohibited since THC is a restricted drug in the state.


On June 4, 2021, the state enacted Senate Bill 49, which added Delta-8 THC to the state’s definition of THC and redefined hemp. Thus, Delta-8 is illegal in the state.

New York

The use of Delta-8 THC is prohibited in the state of New York. In May 2021, the state updated its legislation, making it unlawful to manufacture hemp cannabinoid products. The New York Cannabis Control Board (CCB) approved these restrictions in November 2021, and they are now in effect.

North Dakota

The use of Delta-8 THC is prohibited in North Dakota. State Bill 1045, which was signed into law in April 2021, expanded the definition of THC to include Delta-8 and other isomers.

Rhode Island

It is illegal to possess or use Delta-8 THC in Rhode Island. Even though the regulations are not completely clear, ingestible items containing THC are prohibited in the state.


The use of Delta-8 THC is prohibited in Vermont. In a statement issued on April 23, 2021, the Vermont Agency of Agriculture, Food and Markets said Delta-8 derived from hemp might be classified as a controlled drug under federal and state law.


Delta-8 is not permitted in Utah since the state considers all types of THC to be banned under federal law.


The state’s Liquor and Cannabis Board said in September 2021 that marijuana license holders would not be able to manufacture or sell Delta-8 THC products in the state’s regulated market. However, there is no indication in this order if it applies to unauthorized internet dealers that sell and transport Delta-8 all across the country.

What the FDA states about Delta-8 THC

Listed below are five things you should be aware of concerning Delta-8 THC according to the FDA:

Delta-8 THC products have not been studied or authorized by the FDA for safe use.

The Food and Drug Administration (FDA) is aware of the developing concerns about Delta-8 THC products that are now being offered online and in shops. However, it should be noted that the FDA has not investigated or approved these items for safe use in any setting.

There are still complaints of adverse effects regarding Delta-8 THC.

The Food and Drug Administration received 104 complaints of adverse events in patients who had eaten Delta-8 THC products between December 1, 2020, and February 28, 2022. The following 104 adverse event reports were received:

  • Adults accounted for 77% of the cases, pediatric patients under 18 accounted for 8%, and the remaining 15 % did not specify an age.
  • Either examination by emergency medical services or hospitalization was necessary for 55% of the instances studied.
  • 66% of those who consumed Delta-8 THC edibles reported experiencing adverse side effects.
  • Hallucinations, vomiting, tremor, anxiety, dizziness, disorientation, and loss of consciousness were among the adverse effects reported, although they were not restricted to these.

From January 1, 2021, to February 28, 2022, national poison control centers received 2,362 reports of exposure to Delta-8 THC products. The following cases of exposure were identified among the 2,362 total cases:

  • Adults accounted for 58% of the cases, pediatric patients under 18 accounted for 41%, and the remaining 1% did not specify an age.
  • Accidental exposure to Delta-8 THC accounted for 40% of all reported cases, with 82% of these unintentional exposures occurring in young patients.
  • Patients requiring health-care facility examination accounted for 70% of all patients requiring evaluation, with 8% requiring admission to a critical-care unit. Pediatric patients accounted for 45% of patients requiring health-care facility evaluation.
  • One juvenile case was coded with a medical result of death, and this was the only one.

Delta-8 THC has euphoric and intoxicating properties.

When consumed in large quantities, Delta-8 THC exhibits psychoactive and intoxicating effects. This is comparable to delta-9 THC, the component found in cannabis responsible for the “high.” As a result, previous use of cannabis cannot be relied upon to establish a degree of safety for these products when administered to people in the future.

The production of Delta-8 THC products often involves the use of potentially dangerous substances.

It is necessary to use extra chemicals to convert other cannabinoids found in hemp plants into Delta-8 THC. This is because the natural level of Delta-8 THC in hemp is relatively low. Additional chemicals may be employed to alter the color of the finished item.

Thus, the final Delta-8 THC product may contain potentially harmful by-products (contaminants) due to the chemicals used in the manufacturing process. These compounds can be dangerous if inhaled or swallowed in large quantities.

Uncontrolled or unsanitary conditions during the manufacturing of Delta-8 THC products may result in the presence of potentially dangerous impurities or other potentially toxic compounds. This is why it is essential to keep Delta-8 THC products out of the reach of youngsters and pets.

Delta-8 THC products must be kept out of reach of pets and children.

Children may find certain goods appealing because they are packaged and labeled. Numerous poison control center notifications have been issued in recent years regarding juvenile children who have been exposed to Delta-8 THC-containing drugs.

Additionally, animal poison control centers have reported a significant rise in the number of pets that have been accidentally exposed to these products. So, keep these items out of the reach of children and pets.

Why is the FDA informing the public about Delta-8 THC?

The Food and Drug Administration decided to disclose this information to consumers due to several issues. These issues are as follows:

  • An increase in the number of adverse events reported to the Food and Drug Administration and the nation’s poison control centers.
  • Marketing that is appealing to children
  • Concerns about contamination as a result of manufacturing procedures

The FDA is actively collaborating with federal and state partners and monitoring the cannabis market for adverse events to address these concerns. When FDA-regulated products break the law, the FDA will provide warning letters to consumers about potential public health and safety risks and, if required, will take legal action.

Buying Delta-8 products in the United States

Delta-8 goods are being marketed by many different companies across the United States. If you want to buy Delta-8 THC items, opt for a trusted brand. It should give third-party test results for potency and impurities from a recognized lab and be open and upfront about its business.

One of the dispensaries that you should consider buying in is Highly Concentr8ed. All products available on the website only contain 0.3% THC or lower. Thus, you can rest assured that the item you will buy is lawful in most states.

Check out some of the available and popular Delta-8 THC products below. Again, check your state’s regulations before purchasing any Delta-8 products.


Delta-8 tetrahydrocannabinol (Delta-8 THC) is a psychoactive cannabinoid found in high marijuana and hemp plants concentrations. It is critical to understand that Delta-8 THC products have not been studied or authorized by the FDA for safe use.

However, certain states allow its use as long as it complies with the standard THC content and manufacturing process. Thus, you should ensure that you are only buying at a reliable and trusted brand or dispensary.

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