Overview of Delta 8 State Legality

 

 

Particularly in places where marijuana for adult use is prohibited, Delta-8 has become very popular. Many people use delta 8 carts legal, oils, edibles, and other items for recreational and medicinal purposes. Though, is delta-8 lawful? It varies. If delta-8 THC is generated from hemp, it is allowed on a federal level (cannabis with low delta-9 THC levels). However, several jurisdictions are beginning to ban or control this cannabinoid. Here is an interactive legality map and a current look at each state's delta-8 legislation.

Map of Delta 8 THC Legality by State

As delta-8 rules change over time, we'll update this page and the map. On a federal level, delta 8 carts is still permitted, but if the Hemp Advancement Act is approved, this might change. In the meanwhile, each state has its legislation that fits into one of four groups:

Legal (but some product kinds like edibles may be forbidden) (although some product types like edibles may be banned) Regulated (only accessible from regulated retail cannabis businesses) (only available from licensed retail cannabis stores)

Uncertainty/legal murkiness

In Connecticut and Michigan, two more states, delta-8 is subject to the same laws as marijuana for recreational use. In contrast, the legality of delta-8 is debatable in Arizona, California, Minnesota, and Mississippi.

Alabama's legality of delta-8 THC. Alabama House Bill 2, approved in April 2021, did not include an amendment to outlaw delta-8 and delta-10 items. The state's medicinal marijuana law also lost a similar amendment.

 

Arkansas HB 1640, which superseded an earlier hemp law, made Delta-8 THC lawful in Arkansas.

 

Florida

The proposed legislation attempts to establish new rules for hemp extract goods and may potentially outright outlaw delta-8 THC generated from hemp. In Florida, delta-8 THC is now permitted. But if HB 679 is approved, that may change.

 

Georgia allows the production of hemp-derived Delta-8 THC. The 2019 passage of House Bill 213 legalized hemp and items produced in the state. Except for consumable and inhalable goods, Hawaii Delta-8 THC is legal in the state. This implies that beverages, gummies, and vapes containing delta 8 are prohibited.

Illinois Delta-8 THC is OK. Additionally, the state is drafting laws that would mandate accurate testing and labeling of all cannabis products, including delta-8, before their sale.

 

Indiana

Except for goods that can be smoked, such as sprayed delta-8 hemp flower, hemp-derived delta-8 is lawful in Indiana. The Senate Bill 209 clause that would have limited the amount of THC in hemp to 0.3% or less was overturned in February 2022. Despite the state's attorney general's claims to the contrary, Kansas Delta-8 THC is legal, leading to police raids on delta-8 stores in several counties.

 

Kentucky

As a result of a judge's injunction issued on February 28, 2022, delta-8 THC is now legal in Kentucky. But if Senate Bill 170, which was put out in February 2022, is approved, intoxicating goods made from hemp, including delta-8, will be prohibited.

Louisiana Delta-8 is only partially permitted there. HB 640, approved in August 2021, forbids using inhalable items like vapes and flowers. Additionally, the June 2022 law HB 758 restricts the amount of THC found in edible hemp products (gummies, tinctures, and drinks) to 1% overall and 8 mg per serving.

Consumable goods are therefore permitted, but they are only allowed to contain trace levels of delta-8 THC. Cannabis for adult use and Delta-8 THC are both permitted in Maine. The state accepts all goods made from hemp. Like other hemp-derived products, Maryland strongest delta 8 carts  is lawful.  Delta-8 THC is permitted in Massachusetts. The state also allows cannabis usage for leisure.

 

Missouri

In Missouri, delta-8 is permissible. Missouri has legalized the use of all hemp-derived goods, including delta-8 produced from hemp.

 

Nebraska

In Nebraska, delta-8 THC is permitted. Delta-8 THC and other hemp-derived products are not included on the state's list of restricted drugs. Because Delta-8 THC is a hemp-derived substance, it is permitted in New Hampshire.

 

Jersey, New

New Jersey has legalized delta-8 THC. In 2021, the state legalized marijuana for recreational use, and products made from hemp, like delta 8, are also permitted. New Mexico's legality of delta-8 THC. Federal and state laws on hemp are similar, and recreational marijuana use was also made legal in 2021. In North Carolina, delta-8 THC is permitted. It qualifies as an item made from hemp, which is allowed in the state.

Ohio Delta-8 is legal in Ohio. However, this does not apply to unregulated products. The state's Medical Marijuana Control Program stated that medical marijuana products containing delta-8 THC are subject to specific rules.

 

 

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