Is Delta 8 THC Legal in Your State? A Full Breakdown

Posted by The Standard by BlackMarket on Jan 20th 2023

Is Delta 8 THC Legal in Your State? A Full Breakdown

Delta 8 THC, also known as delta-8-tetrahydrocannabinol, is a minor cannabinoid found in the cannabis plant. This compound has recently gained popularity due to its unique properties, which are similar to those of delta-9-THC, the primary psychoactive compound found in cannabis. However, unlike delta-9-THC, delta 8 THC is legal in many states in the United States.

In this article, we will provide a comprehensive breakdown of the legality of delta 8 THC in each state, as well as the federal laws surrounding the compound.

Federal Law

The 2018 Farm Bill legalized hemp, which is defined as cannabis plants with less than 0.3% delta-9-THC, and all derivatives of hemp, including delta 8 THC. This means that delta 8 THC is legal at the federal level, as long as it is derived from hemp.

State Laws

While delta 8 THC is legal at the federal level, each state has the ability to regulate the compound in their own way. Some states have explicitly legalized delta 8 THC, while others have not.

States Where Delta 8 THC is Legal

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kentucky
  • Mississippi
  • Missouri
  • North Carolina
  • Oklahoma
  • South Dakota
  • Tennessee
  • Texas
  • Utah

States Where Delta 8 THC is Illegal

  • Idaho
  • Montana
  • Nebraska
  • South Carolina

States With Ambiguous Laws

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Kansas
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

It is important to note that the legality of delta 8 THC in these states is not entirely clear. Some states have not yet passed legislation specifically addressing delta 8 THC, while others have laws that are subject to interpretation.

Conclusion

Delta 8 THC is legal at the federal level, but the legality of the compound varies from state to state. In some states, delta 8 THC is explicitly legal, while in others it is illegal. In many states, the laws surrounding delta 8 THC are ambiguous and subject to interpretation. It is important to check the laws in your specific state before purchasing or consuming delta 8 THC products.