Is Delta 8 THC Legal?
Yes, Delta 8 THC is federally legal under the 2018 Farm Bill.
*** Legal disclaimer
Federal Legality of Hemp and Hemp Derived Products Such as delta-8 THC Containing Less than 0.3% delta-9 THC on a Dry Weight Basis
What is Δ8-THC?
Delta 8 is a powerful cannabinoid derived from the cannabis sativa L (hemp) plant and has a semi mind-bending, uplifting feeling of relaxation,
body sensations, and clear-headedness.
According to the National Cancer Institute, delta-8-THC is:
“An analogue of tetrahydrocannabinol (THC) with antiemetic, anxiolytic, appetite-stimulating, analgesic, and neuroprotective properties. [Delta-8-THC] binds to the cannabinoid G-protein coupled receptor CB1, located in the central nervous system…This agent exhibits a lower psychotropic potency than [delta-9-THC], the primary form of THC found in cannabis.”
Where can Delta 8 THC be shipped?
Wondering if Delta 8 THC is legal in your state? Click on your state below to see the relevant laws.
Alabama
Is Delta 8 THC Legal in Alabama?
YES
Delta 8 THC is legal according to Alabama state law. Like federal law, Alabama specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Alaska
Is Delta 8 THC Legal in Alaska?
NO
Delta 8 THC is not legal according to Alaska state law.
Arizona
Is Delta 8 THC Legal in Arizona?
NO
Delta 8 THC is not legal according to Arizona state law.
Arkansas
Is Delta 8 THC Legal in Arkansas?
NO
Delta 8 THC is not legal according to Arkansas state law.
California
Is Delta 8 THC Legal in California?
LEGAL
Delta 8 THC is likely legal according to California state law.
Colorado
Is Delta 8 THC Legal in Colorado?
YES
Delta 8 THC is legal according to Colorado state law.
Connecticut
Is Delta 8 THC Legal in Connecticut?
YES
Delta 8 THC is legal according to Connecticut state law. Like federal law, Connecticut specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Delaware
Is Delta 8 THC Legal in Delaware?
NO
Delta 8 THC is not legal according to Delaware state law.
Florida
Is Delta 8 THC Legal in Florida?
YES
Delta 8 THC is legal according to Florida state law. Like federal law, Florida specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Georgia
Is Delta 8 THC Legal in Georgia?
YES
Delta 8 THC is legal according to Georgia state law. Like federal law, Georgia specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Hawaii
Is Delta 8 THC Legal in Hawaii?
YES
Delta 8 THC is legal according to Hawaii state law. Like federal law, Hawaii specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Idaho
Is Delta 8 THC Legal in Idaho?
NO
Delta 8 THC is not legal according to Idaho state law.
Illinois
Is Delta 8 THC Legal in Illinois?
YES
Delta 8 THC is legal according to Illinois state law as it defers to federal law, which makes delta 8 THC explicitly legal.
Indiana
Is Delta 8 THC Legal in Indiana?
YES
Delta 8 THC is legal according to Indiana state law. Like federal law, Indiana specifically legalized all derivatives, cannabinoids, and isomers of hemp.
Iowa
Is Delta 8 THC Legal in Iowa?
YES
Delta 8 THC is legal according to Iowa state law.
Kansas
Is Delta 8 THC Legal in Kansas?
YES
Delta 8 THC is legal according to Kansas state law. Like federal law, Kansas specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Kentucky
Is Delta 8 THC Legal in Kentucky?
YES
Delta 8 THC is legal according to Kentucky state law. Like federal law, Kentucky specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Louisiana
Is Delta 8 THC Legal in Louisiana?
YES
Delta 8 THC is legal according to Louisiana state law. Like federal law, Louisiana specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Maine
Is Delta 8 THC Legal in Maine?
YES
Delta 8 THC is legal according to Maine state law. Like federal law, Maine specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Maryland
Is Delta 8 THC Legal in Maryland?
YES
Delta 8 THC is legal according to Maryland state law. Like federal law, Maryland specifically legalized all derivatives, cannabinoids, and isomers of hemp.
Massachusetts
Is Delta 8 THC Legal in Massachusetts?
YES
Delta 8 THC is legal according to Massachusetts state law. Like federal law, Massachusetts specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Michigan
Is Delta 8 THC Legal in Michigan?
MAYBE
Delta 8 THC may be legal according to Michigan state law. While the hemp law specifically says all cannabinoids, isomers, and derivatives of hemp are legal, Michigan’s controlled substances policies say that Delta 8, as an isomer and derivative is not legal. Because these laws conflict, there seems to be a grey area surrounding the use of Delta 8 THC in Michigan.
Minnesota
Is Delta 8 THC Legal in Minnesota?
YES
Delta 8 THC is legal according to Minnesota state law.
Mississippi
Is Delta 8 THC Legal in Mississippi?
NO
Delta 8 THC is not legal according to Mississippi state law.
Missouri
Is Delta 8 THC Legal in Missouri?
YES
Delta 8 THC is legal according to Missouri state law. Like federal law, Missouri specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Montana
Is Delta 8 THC Legal in Montana?
NO
Delta 8 THC is not legal according to Montana state law.
Nebraska
Is Delta 8 THC Legal in Nebraska?
Likely Legal
Like federal law, Nebraska specifically states in the LEGISLATIVE BILL 657 – Nebraska Hemp Farming Act that “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers” from hemp are legal and “shall not be considered a controlled substance”, but the Chapter 28 Uniform Controlled Substances Act Section 28-405 schedules “tetrahydrocannabinols naturally contained in a plant of the genus Cannabis” a Schedule 1 drug. Due to these conflicting laws, we have concluded that Delta-8 THC is likely legal.
Nevada
Is Delta 8 THC Legal in Nevada?
YES
Delta 8 THC is legal according to Nevada state law until June 30th, 2020.
New Hampshire
Is Delta 8 THC Legal in New Hampshire?
YES
Delta 8 THC is legal according to New Hampshire state law.
New Jersey
Is Delta 8 THC Legal in New Jersey?
YES
Delta 8 THC is legal according to New Jersey state law. Like federal law, New Jersey specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
New Mexico
Is Delta 8 THC Legal in New Mexico?
YES
Delta 8 THC is legal according to New Mexico state law. Like federal law, New Mexico specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
New York
Is Delta 8 THC Legal in New York?
YES
Delta 8 THC is legal according to New York state law. Like federal law, New York specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
North Carolina
Is Delta 8 THC Legal in North Carolina?
YES
Delta 8 THC is legal according to North Carolina state law. Like federal law, North Carolina specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
North Dakota
Is Delta 8 THC Legal in North Dakota?
YES
Delta 8 THC is legal according to North Dakota state law. Like federal law, North Dakota specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Ohio
Is Delta 8 THC Legal in Ohio?
YES
Delta 8 THC is legal according to Ohio state law. Like federal law, Ohio specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Oklahoma
Is Delta 8 THC Legal in Oklahoma?
YES
Delta 8 THC is legal according to Oklahoma state law. Like federal law, Oklahoma specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Oregon
Is Delta 8 THC Legal in Oregon?
YES
Delta 8 THC is legal according to Oregon state law. Like federal law, Oregon specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Pennsylvania
Is Delta 8 THC Legal in Pennsylvania?
YES
Delta 8 THC is legal according to Pennsylvania state law. Like federal law, Pennsylvania specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Rhode Island
Is Delta 8 THC Legal in Rhode Island?
LIKELY NOT LEGAL
Delta 8 THC is likely not legal according to Rhode Island state law. Rhode Island legalized all derivatives, cannabinoids, and isomers of hemp. However, Rhode Island has another law that defines Delta 8 THC under Rhode Island’s definition of “THC” and makes it illegal for human consumption. It does not appear hemp-derived Delta 8 THC would be exempt from this law, and would need further clarification from state lawmakers in order to confidently sell Delta 8 THC in Rhode Island.
South Carolina
Is Delta 8 THC Legal in South Carolina?
YES
Delta 8 THC is legal according to South Carolina state law. Like federal law, South Carolina specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
South Dakota
Is Delta 8 THC Legal in South Dakota?
YES
Delta 8 THC is legal according to South Dakota state law. Like federal law, South Dakota specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Tennessee
Is Delta 8 THC Legal in Tennessee?
YES
Delta 8 THC is legal according to Tennessee state law. Like federal law, Tennessee specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Texas
Is Delta 8 THC Legal in Texas?
YES
Delta 8 THC is legal according to Texas state law. Like federal law, Texas specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Utah
Is Delta 8 THC Legal in Utah?
NO
Delta 8 THC is not legal according to Utah state law.
Vermont
Is Delta 8 THC Legal in Vermont?
YES
Delta 8 THC is legal according to Vermont state law. Like federal law, Vermont specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Virginia
Is Delta 8 THC Legal in Virginia?
YES
Delta 8 THC is legal according to Virginia state law. Like federal law, Virginia specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Washington
Is Delta 8 THC Legal in Washington?
YES
Delta 8 THC is legal according to Washington state law. Like federal law, Washington specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
West Virginia
Is Delta 8 THC Legal in West Virginia?
YES
Delta 8 THC is legal according to West Virginia state law. Like federal law, West Virginia specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Wisconsin
Is Delta 8 THC Legal in Wisconsin?
YES
Delta 8 THC is legal according to Wisconsin state law. Like federal law, Wisconsin specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.
Wyoming
Is Delta 8 THC Legal in Wyoming?
YES
Delta 8 THC is legal according to Wyoming state law. Like federal law, Wyoming specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC.