**Disclaimer: The information in this article regarding cannabinoids is drawn from comprehensive research and we have made every effort to share the most accurate information available at the time of writing. Remember that legal status is handled differently by jurisdiction and these substances can change status over time. The reader is advised to check the status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.
As much fun as it is to enjoy your favorite marijuana product, in the United States, it’s not always as easy as we’d like. Due to the stigmatized history surrounding cannabis, numerous U.S. states have outlawed the use of it.
There is no doubt that these laws are depriving you of the opportunity to enjoy different cannabis products, including delta 8-THC. Having said that, the growth of the marijuana industry, through its legal and safe opportunities, gives a small chance to try this product and see if it is for you. Read our post until the end to know if delta 8-THC is legal and available in your state. Do you have a house in one of these legal states we listed below? We’ve been waiting for you!
Key Takeaways
- Delta-8 THC is a cannabinoid derived from hemp plants, closely related to delta-9 THC but with less psychoactive potency. It is produced in small amounts by the cannabis plant and is extracted through a process that increases its concentration.
- Delta-8 THC derived from hemp is federally legal if it contains less than 0.3% delta-9 THC. However, the DEA classifies synthetically derived delta-8 THC as a Schedule I narcotic, highlighting a legal ambiguity.
- Legal status of delta-8 THC varies by state. Some states have explicitly legalized it, following federal guidelines, while others have banned or restricted its sale and use.
What is Delta-8 THC?
Delta-8 THC results from the transformation of CBGA into different acidic forms like delta-9 THC or CBG. Companies normally obtain delta-8 THC from hemp plants, but its extraction is difficult, as the cannabis plant produces minimal quantities of it. Chemically, delta-8 THC is similar to delta-9 THC.
However, the biggest difference is that its molecular structure makes delta-8 THC’s psychoactive effect half and three-quarters less powerful than regular THC. Do you want to learn more? Keep reading about the basics of this cannabinoid in our article What is Delta-8 THC.
Is Delta-8 THC Legal?
This is where it gets a bit muddled: in the first place, so long as delta-8 THC is made from hemp, the statue covers delta-8 THC as a legal derivative, since all hemp products – as opposed to marijuana products – are legal under federal statute thanks to the 2018 Farm Bill.
On the other hand, since the concentration of delta-8-THC is low in nature, CBD is ‘salts’ with a reaction catalyst before market release to form delta-8 THC, so the DEA doesn’t see the resulting delta-8 THC as being ‘legal’ but instead, ‘synthetically derived’ and thereby a Schedule I narcotic.
And due to the close chemical kinship between delta-9 and delta-8 THC, sometimes not all drug tests can distinguish between the two cannabinoids and, for this reason, delta-8-THC can make you fail tested while you have not consumed delta-9-THC.
How is Delta-8 THC Legal
Evidently, the ideas above two contradict each other, making many buyers unaware of whether delta-8 THC is legal or not. However, it should be noted that each state has different laws. For this reason, we will discuss below where delta-8 THC is legal and where it is best to stay within the law.
Why is Delta-8 Legal?
You could credit an omission in the 2018 FDA Farm Bill, which explicitly states that a cannabis plant containing less than 0.3 per cent of its primary intoxicating cannabinoid, delta-9 THC, contains so negligible an amount that it could not get you legally high. Despite its prohibition under federal law, some states have also legalised marijuana explicitly for recreational and medicinal use.
The plant itself made it through a murky hellscape of regulation onto US soil where it’s classified a drug with a high potential for abuse and no therapeutic benefit by federal law aficionados who judge off a scale they call, somewhat ominously, the Controlled Substances Act.
Because the plant can be consumed to get high, but could not get you in legal trouble, product derived from the plant must exist on this same slippery scale. On that note, the bill again failed to legislate the legality of the plant’s numerous compounds, allowing vendors to freely promulgate the plant’s extracts and derivatives in all dinner forks, gummy toilet-papers and vape cartridges.
Delta-8 THC is legal federally, and since the Drug Enforcement Agency (DEA) was too cowardly to explicitly outlaw it, some vendors have instead outlawed it at their convenience, my parents included. Despite the lack of a DEA restraining order on delta-8, some states have instated a moratorium against its sale. Lack of research shows how little we actually know about its effects.
Delta-8 Medical Benefits
Over the years, there have been many discussions about what benefits delta-8 might have. Many have concluded that its benefits are the same as those of delta-9 due to their similarity in their molecular structure. This is true to some extent, as delta-8 can replace delta-9 to treat some medical conditions. However, it has other unique effects.
Appetite Booster
Although delta-9 THC can also increase your appetite, it seems like delta-8 THC has a more substantial cognitive effect in boosting your appetite stimulation. These properties help people who struggle with low hunger and eating disorders.
Quality Sleep
Delta-8 produces a mellow effect that induces euphoria, sedation, releases stress, and uplifts mood, a perfect combination that helps people with insomnia have a better quality of sleep which reduces fatigue.
Neuroprotection
Brain health is one of the main benefits delta-8 provides. It can regulate both potassium and calcium channels in the central nervous system, delivering outstanding neuroprotective properties for neurodegenerative disorders like Parkinson’s and Alzheimer’s.
Pain Relief
Using delta-8, especially in topicals, can relieve chronic pain and inflammation, helping with numerous symptoms of chronic illnesses like multiple sclerosis and arthritis. Also, it can regulate the neurons and hormones that interact with pain transmission.
Will Delta-8 THC Get you High?
Delta-8 THC has a similar molecular structure to delta-9 THC. Hence, its effects are similar, too. As it is psychoactive to a lower extent than the famous Delta-9 THC, many users have switched to it; delta-8 THC will get you high in a mild, gentle way when consumed in small amounts. To better understand the high produced by delta-8 THC and its effects, we recommend you read our post, ‘Will Delta-8 THC Get you High.’
How Long does Delta-8 THC Stay in Your System?
Before worrying too much about that upcoming drug test you have, it is important to know that the time that delta-8 THC stays in your system depends on how often you consume it, its potency, and the method of consumption you have chosen. Normally, the delta-8 THC high will last from four to five hours, and its effects appear as soon as 6 minutes if you consume a delta-8 THC cartridge and take up to 90 minutes if you take delta-8 THC gummies.
But, how long does delta-8 THC stay in your system? According to different studies, your body will flush out around 80-90% THC within five days. Nevertheless, traces of delta-8 THC will remain for a few more days, marking almost ten weeks inside your system. Read more about how long delta-8 THC stays in your system before consuming it to avoid any trouble.
How is Delta-8 THC Different from Delta-9 THC?
Chemically, Delta-8 THC and Delta-9 THC are similar in that they both have a double bond in their structures, which experts think produces the intoxicating effects that make you feel high. Still, both cannabinoids have a chain of carbon atoms, but Delta-8 has a double bond on the eighth carbon, whereas Delta-9 has it on the ninth.
This minute difference changes everything! Hence, 10 milligrams of delta-9-THC is equal to 20 milligrams of delta-8-THC. So, if you consume enough Delta-8 THC, it is highly probable that you will experience troublesome paranoia and anxiety aftereffects of regular THC.
Where is Delta 8 THC Legal?
Back to the important question, where is delta-8 THC legal? Because we care about you, we have gathered current information on THC delta-8 legality in all states.
Is Delta 8 THC Legal in Texas?
Yes! Texas considers delta-8 THC legal as stated by the federal law, which legalized all hemp derivatives, cannabinoids, and isomers, including all tetrahydrocannabinols different from delta-9 THC.
Is Delta 8 THC Legal in North Carolina?
Delta 8 THC is legal according to North Carolina state law. Like federal law, North Carolina specifically legalized all derivates, cannabinoids, and isomers of hemp, including all THC other than delta 9 THC.
Is Delta 8 THC Legal in Florida?
According to Florida state law, delta 8 THC is legal. Like federal law, Florida specifically legalized all derivatives, cannabinoids, and isomers of hemp, including all other than Delta 9 THC.
Is Delta 8 THC Legal in Georgia?
Yes, Delta-8 is legal in Georgia! Georgia Delta-8 THC laws include phrasing that protects all hemp-derived cannabinoids, but there may still be some limits to the types of products available.
Is Delta 8 THC Legal in New York?
New York state is the latest to expressly prohibit delta-8 THC and other THC isomers derived from hemp under new state Health Department regulations since May 2021. Although many companies have proved their delta-8 THC to be natural, the loophole in the federal law resulted in its prohibition in the Empire State.
Is Delta 8 THC Legal in Illinois?
Illinois considers delta-8 THC legal as long as companies provide lab testing and proper labels to prove the products don’t contain more than 0.3% THC. All in all, it is legal to consume delta-8 THC in Illinois!
Is Delta 8 THC Legal in Alabama?
Hemp-derived delta-8 THC is legal in Alabama under state and federal law. Although a recent push to classify delta-8 as illegal was almost successful, we were lucky enough to dodge the bullet.
Is Delta 8 THC Legal in Alaska?
Unfortunately, Alabama state law classifies delta-8 THC as an illegal substance. You can’t buy, possess, or sell delta-8 THC in Alabama for the time being.
Is Delta 8 THC Legal in Arizona?
No. Delta-8 THC is illegal in Arizona under state law.
Is Delta 8 THC Legal in Arkansas?
Similar to the cases above, Arkansas has banned the selling, buying, and possession of delta-8 THC. However, it remains unclear if delta-8 THC is legal in Arkansas under its medicinal marijuana program.
Is Delta 8 THC Legal in California?
Light up your favorite delta-8 THC flower in The Golden State. California considers delta-8 THC under state and federal law. However, make sure to buy safely and request a Certificate of Analysis (COA) to avoid harmful agents.
Is Delta 8 THC Legal in Colorado?
Although it was one of the first states to legalize marijuana, delta-8 THC is not legal in Colorado. The reason is that delta-8 THC is often extracted from industrial hemp products, such as CBD isolate, with several chemicals. Hence, the Colorado government is unsure of the safety of delta-8 THC.
Is Delta 8 THC Legal in Connecticut?
Since July 1, 2021, Connecticut classifies any THC variation, including delta-8 THC, as marijuana. Hence, it is an adult-use substance, and you can only have access to it through the Medical Marijuana Program of your approved dispensary facility.
Is Delta 8 THC Legal in Delaware?
THC Delta-8 is illegal in Delaware since the state declares that this THC isomer is a Schedule I Controlled Substance.
Is Delta 8 THC Legal in Florida?
The Sunshine State considers delta-8 THC legal. You can buy these products online or in your favorite dispensary, as long as they come from hemp.
Is Delta 8 THC Legal in Hawaii?
As long as products comply with federal law, delta-8 THC is legal in Hawaii. Make sure your product is sourced from industrial hemp.
Is Delta 8 THC Legal in Idaho?
Although its neighbors, Washington and Oregon, consider THC delta-8 legal, this substance is illegal in Idaho. You cannot legally purchase, sell or possess delta-8 THC in Idaho.
Is Delta 8 THC Legal in Indiana?
At least fifteen states have decided to regulate and ban delta-8 THC, but that’s not the case for Indiana. You can safely buy hemp-derived delta-8 THC in Indiana without any law restrictions.
Is Delta 8 THC Legal in Iowa?
No, delta-8 THC is not legal in Iowa. Even though the state legalized hemp, hemp-derived tetrahydrocannabinols are not an exception to law restrictions.
Is Delta 8 THC Legal in Kansas?
Under federal and state law, delta-8 THC is legal in Kansas! As long as your delta-8 THC product has less than 0.3% delta-9 THC, you are good to go.
Is Delta 8 THC Legal in Kentucky?
Delta-8 THC remains legal in Kentucky, according to the 2018 Farm Bill.
Is Delta 8 THC Legal in Louisiana?
Yes! According to state law, it is legal to buy, possess and use hemp-derived delta-8THC in Louisiana.
Is Delta 8 THC Legal in Maine?
You can buy and possess legal delta-8 THC in Maine. As long as your product is derived from hemp, delta-8 THC is incredibly accessible in the state.
Is Delta 8 THC Legal in Maryland?
Following the 2018 Farm Bill, Maryland considers delta-8 THC legal if it comes from hemp, as it is an isomer of the plant.
Is Delta 8 THC Legal in Massachusetts?
Fortunately, Massachusetts hemp laws state that hemp isomers are legal, including delta-8 THC.
Is Delta 8 THC Legal in Michigan?
Governor Whitmer has signed a law that allows only regulated delta-8 THC products to be legal in Michigan. This law is effective October 11, 2021, allowing you to access delta-8 THC manufactured and sold in Michigan.
Is Delta 8 THC Legal in Minnesota?
Yes. Delta-8 THC is legal according to Minnesota state law.
Is Delta 8 THC Legal in Mississippi?
Hemp is federally legal due to the 2018 Farm Bill. However, Mississippi passed House Bill 1547, which states that all kinds of THC derived from cannabis are illegal. Thus, you can’t buy, sell, or use delta-8 THC in Mississippi.
Is Delta 8 THC Legal in Missouri?
Missouri has been a progressive state surrounding marijuana. Thus, it comes as no surprise that delta-8 THC is legal in the state.
Is Delta 8 THC Legal in Montana?
No, Montana doesn’t consider delta-8 THC legal. Because it is a THC substance, even if it comes from hemp, it still classifies as marijuana.
Is Delta 8 THC Legal in Nebraska?
There might be a bit of confusion here. Nebraska schedules all “tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,” a Schedule I drug. However, because delta-8 THC comes from hemp, which is a legal crop in the state, it is ultimately legal to consume delta-8 THC in Nebraska.
Is Delta 8 THC Legal in Nevada?
No, Nevada has officially banned delta-8 THC. Although it is a cannabis-friendly state, the chemical extraction process of delta-8 THC has made the state decide it is a dangerous substance.
Is Delta 8 THC Legal in New Hampshire?
Yes, New Hampshire broadly legalized hemp and all its derivatives as long as they have less than 0.3% delta-9 THC. That means you can buy and possess legal delta 8 THC in New Hampshire.
Is Delta 8 THC Legal in New Jersey?
According to state law, delta-8 THC is legal in New Jersey.
Is Delta 8 THC Legal in New Mexico?
New Mexico hasn’t modified the state laws that comply with the 2018 Farm Bill. That means delta-8 THC is legal as long as it is derived from hemp.
Is Delta 8 THC Legal in North Dakota?
Hemp-derived delta-8 THC isn’t legal in North Dakota. In 2021, the state held an emergency hearing to amend their hemp bill, stating that no legal hemp product could contain more than 0.3% tetrahydrocannabinol, including delta-8 THC. Thus, this substance is banned in North Dakota.
Is Delta 8 THC Legal in Ohio?
Yes. Legal delta-8 THC in Ohio must contain less than 0.3% delta-9 THC. However, as it is a hemp-derivative, it is perfectly fine to buy and possess delta-8 THC in Ohio.
Is Delta 8 THC Legal in Oklahoma?
Gov. Kevin Stitt signed a law on May 28 that excluded delta-8 THC from the definition of marijuana. Thus, delta-8 THC is legal in Oklahoma, and you can easily get it online or in a local shop.
Is Delta 8 THC Legal in Oregon?
Yes. On July 19, a bill that modified the view of Oregon toward cannabis was signed. According to HB 3000, delta-8 THC is a legal Adult Use Cannabinoid. Thus, it is prohibited to sell delta-8 THC products to individuals under the age of 21. All in all, delta-8 THC is legal in Oregon.
Is Delta 8 THC Legal in Pennsylvania?
Since Pennsylvania follows the federal laws, delta-8 THC is legal in this state.
Is Delta 8 THC Legal in Rhode Island?
Because delta-8 THC falls under the state’s definition of THC, it is illegal for consumption, even if it comes from hemp.
Is Delta 8 THC Legal in South Carolina?
New Mexico hasn’t modified the state laws that comply with the 2018 Farm Bill. That means delta-8 THC is legal as long as it is derived from hemp.
Is Delta 8 THC Legal in South Dakota?
Given it is sourced from hemp and contains no more than 0.3% delta-9 THC, delta-8 THC is legal in South Dakota.
Is Delta-8 THC Legal in Tennessee?
Yes. Tennessee legalized hemp according to federal standards, and being an isomer from hemp, delta-8 THC is legal in Tennessee.
Is Delta 8 THC Legal in Utah?
No, delta-8 THC is illegal in Utah under state law since it is considered part of THC, a controlled substance in the state.
Is Delta 8 THC Legal in Vermont?
Unfortunately, delta-8 THC is prohibited in Vermont. The state laws consider it a ‘synthetic cannabinoid’, which are expressly prohibited in their Hemp Rules.
Is Delta 8 THC Legal in Virginia?
Yes. Virginia follows federal standards, and being an isomer from hemp, delta-8 THC is legal in Virginia.
Is Delta 8 THC Legal in Washington?
No. In April 2021, Washington banned delta-8 THC. It cannot be sold in the state market and is considered a Schedule I controlled substance.
Is Delta 8 THC Legal in West Virginia?
Since West Virginia follows the federal laws, delta-8 THC is legal in this state.
Is Delta 8 THC Legal in Wisconsin?
The use, possession, sale, and production of delta-8 THC is legal in Wisconsin, thanks to the 2018 Farm Bill.
Is Delta 8 THC Legal in Wyoming?
Yes. The state hasn’t explicitly banned delta-8 THC, which means it is still considered an isomer of hemp.
Delta-8 THC Legality
Due to the naturally low concentration in which delta-8 THC appears in nature, CBD turns into delta-8 THC with a chemical catalyst. As a result, the DEA does not consider the resulting delta-8 THC legal. Instead, it considers it to be a Schedule I narcotic, meaning it is synthetically derived. On top of that, given the similar chemical structures, delta-9 THC and delta-8 THC have, not all drug tests can tell them apart. Thus, you can potentially fail a drug test for consuming delta-8 THC.
Delta-8 THC Dosage Guide
Part of learning how to consume delta-8 THC is learning how to dose it. While consuming too much of this cannabinoid will manifest in dizziness, heaviness, and anxiety, the quick-setting effects of vaping make it one of the best ways to dose delta-8 THC. If smoking isn’t your thing, then start with anywhere from 5mg to 25mg a day by consuming delta-8 THC oils and tinctures.
Let your body react, and then adjust your intake up or down depending on how you feel. But how much delta-8 THC is too much? That really depends on the method of consumption. If you want to know the correct way of dosing delta-8 THC, read our blog to learn how.
How to Buy Delta-8 Online
Luckily, if you are trying to find some delta-8 products, you will find a great variety of them in our shop. All you need to do is choose according to your preferences or needs. Here are some of them.
Best Delta-8 THC
Delta-8 Bubba Kush
The potent yet well-balanced Delta-8 Bubba Kush flower is evenly coated in delta-8 THC to make sure you get to fully enjoy the flavorful and smooth experience of this new flower. Thanks to its Indica properties, this Bubba Kush variant will give you a calm mental focus and completely relax your body. It will be great for people who have insomnia, anxiety, and depression to lift their mood and sleep comfortably through the night.
Delta-8 White CBG
This hybrid is well-known for its anti-inflammatory properties. The Delta-8 White CBG strain aroma and taste are mild and leave a solid medicinal aftertaste that provides a long-lasting calming sensation along with inspiring and motivating effects. This strain is excellent for pain control as it creates a calming feeling for sore muscles and helps ease inflammation.
Delta-8 THC Vape Cartridge
The delta-8 THC Vape Cartridge effects are perfect for unwinding after a long day at work, but at the same time, it will allow you to be in complete control so you can carry out any activities you need to do. Thanks to its mellow effects, it reduces anxiety and panic attacks, leaving you with a smooth and calm sensation. Not to mention its berry and earthy flavor turn it into a tasty unforgettable experience.
Live Resin Delta-8 THC Vape Cartridge
This Live Resin delta-8 Cart produces milder effects in comparison to other delta-8 products. However, it is still well-balanced and provides all the benefits of delta-8 plus high CBD cannabis flowers, so if you are looking for a product that combines the full spectrum of CBD with a smooth buzz of delta-8 THC, then this vape cartridge is perfect for you.
Sources used for this article:
https://www.usda.gov/farmbill
https://www.dea.gov/taxonomy/term/336
https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019
https://ehs.usc.edu/research/cspc/chemicals
https://www.usa.gov/agencies/drug-enforcement-administration
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8725316/
This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.
