Is Delta-8 THC Legal?

Person holding delta-8 THC extract inside a bottle

Enjoying your favorite cannabis product is not as easy as we would like it to be. Due to the negative connotation that cannabis has in the United States, several states have banned its use. 

Indeed these laws are limiting the opportunity you have to consume different products, such as delta 8-THC. However, with the growth of the cannabis industry, there is a small opportunity to try this product legally and safely. Keep reading our post to find out if delta 8-THC is legal in your state.

Is your home in one of the legal states listed below? We’ve been waiting for you.

Delta-8 Bubba Kush

$12.00$60.00

Type: Indica

Delta-8 THC: 8.9%

Total Cannabinoids: 26%

Notes: Dark Chocolate, Coffee, Earth

 

Contents

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 on What is Delta-8 THC.

Is Delta-8 THC Legal?

This is the part where things get complicated. For starters, as long as delta-8 THC comes from hemp, it is a legal derivative, as all hemp products are legal under federal law according to the 2018 Farm Bill.

However,  because delta-8-THC occurs in low concentrations naturally, CBD is turned into delta-8 THC with a chemical catalyst. For this reason, the DEA doesn’t consider the resulting delta-8 THC legal; instead, it considers it to be “synthetically derived” and therefore a Schedule I narcotic.

Moreover, since they have similar chemical structures, not all drug tests can distinguish between delta-9 and delta-8 THC. For this reason, delta-8-THC can potentially make you fail a drug test, even if you haven’t 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.

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 derivates, 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 Dosage Guide

Learning how to dose delta-8 THC is an important aspect of its consumption. Too much of this cannabinoid can make you feel dizzy, numb, and anxious. 

Vaping is one of the best ways to dose delta-8 THC, as its quick-setting effects won’t require much product. However, if you don’t like to smoke, you can opt for delta-8 THC oils and tinctures. Take around 5mg per day and observe how your body reacts to it.

However, your delta-8 THC dosage highly depends on how you consume it. Learn how to correctly dose delta-8 THC in our blog for more information.

Best Delta-8 THC

So, now you know which states consider delta-8 THC legal, you have learned about its effects, and you’re ready to join the club. In that case, knowing which are the best delta-8 THC products will help you big time have a wonderful experience.

If your preferred method of consumption is smoking or vaping, we highly recommend our Delta-8 THC Vape Cartridge and Delta-8 THC flower. These products will help you enjoy the terpenes and other existing cannabinoids while playing it safe.

If you are into new, innovative products, our Live Resin Delta-8 THC Vape Cartridge is a great option, too! It was made with love with our Sour Special Sauce flowers were made with love to give you a smooth buzz of full-spectrum cannabis.

Finally, those who have a sweet tooth will definitely love the best delta-8 THC gummies in the whole world. These gummies are 100% vegan and gluten-free and come in a tropical mix with sweet peach, pineapple, and mango flavors.

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