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On May 19th, 2022, the Ninth Circuit ruled that Delta-8 and similar hemp-derived psychoactive cannabinoids are legal under the 2018 Farm Bill, stating they "fit comfortably within the statutory definition of hemp." Despite this statement, several states have begun regulating, restricting and banning these compounds. The complex legal environment means businesses and consumers must closely monitor these disparate rules to ensure compliance and avoid legal penalties.
This delta-8 legality guide breaks down hemp-derived cannabinoid rules in every state, indicating where Delta-8 is banned, restricted, allowed, and legal (for now).
States that Ban Delta-8 THC
This section includes states that have passed laws, amended their hemp program, or whose Attorney General issued legal opinions deeming Delta-8 illegal or banning the process used to create it. Delta-8 may also be listed as a Schedule 1 Controlled Substance in the state.
Delaware
Idaho
Montana
New York
North Dakota
Rhode Island
South Dakota
Vermont
Virginia
Washington
Wyoming
Delaware
Banned
Delaware’s Title 16 of their Uniform Controlled Substances Act states that any products containing “any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration,” Delta-8 THC is not legal.
Idaho
Banned
Delta-8 is illegal in Idaho.
Idaho’s House Bill 122, section 37-2701, bans all tetrahydrocannabinols except those occurring with hemp under 0.3% concentration. It then goes on to specify that “synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, and/or synthetic substances, derivatives, and their isomers with a similar chemical structure such as the following” and goes on to list various tetrahydrocannabinols.
Montana
Banned
Title 50 of the Montana Code dictates that all salts and derivatives, isomers, and synthetic substances replicating tetrahydrocannabinols are considered “specific dangerous drugs” in Schedule 1. The legislation goes on to specify all cis, trans, and optical isomers of delta 1, 3, 4, 6, and 9 tetrahydrocannabinol.
North Dakota
Banned
In 2021, House Bill 1045 passed, effectively banning the use, possession, sale, distribution, purchase, and production of hemp-derived Delta-8. This bill amended an existing hemp bill to include Delta-8 as a controlled substance alongside Delta-9. Marijuana and marijuana-derived Delta-8 are also considered controlled substances under state law.
In May 2021, New York amended Title 10 (Health) of the Official Compilation of Codes, Rules, and Regulations of the State of New York, which regulates the processing and retail sale of cannabinoid hemp. Part 1005 of the regulation specified that hemp manufacturers may “not use synthetic cannabinoids, or Δ8-tetrahydrocannabinol or Δ10-tetrahydrocannabinol created through isomerization, in the extraction or manufacturing of any cannabinoid hemp products,” expressly prohibiting D8 that is created through isomerization.
Rhode Island
Banned
In Section 3 of the “Uniform Controlled Substances Act,” Rhode Island defines “marijuana” as the plant itself, any resins extracted, as well as every compound, isomer, derivative, and salt existing in the plant. According to this definition, D8 and all other tetrahydrocannabinols are considered controlled substances.
South Dakota
Banned
On March 26, South Dakota’s governor signed a bill outlawing Delta 8 THC products.
South Dakota's House Bill 1125 prohibits the chemical modification or conversion of industrial hemp into delta-8 tetrahydrocannabinol (THC), delta-9 THC, delta-10 THC, or any other THC isomer, analog, or derivative. Additionally, it bans the sale or distribution of industrial hemp or hemp products containing chemically derived cannabinoids or cannabinoids created through chemical modification or conversion. Violating these provisions is classified as a Class 2 misdemeanor.
This bill bans the vast majority of Delta-8 products. However, formulas containing naturally derived hemp extract could legally contain trace amounts.
Vermont
Banned
In Vermont, the regulations regarding delta-8 THC are clear and stringent. As per the Vermont Hemp Program, registrants are strictly prohibited from manufacturing or labeling products that contain delta-8 THC derived from CBD or any other hemp derivatives. This policy is based on the state's explicit ban on synthetic cannabinoids and their concern that delta-8 THC is often synthetically produced. Any registrant violating these rules risks facing legal enforcement actions by the Vermont Agency of Agriculture, Food, and Markets.
Thus, while natural cannabinoids can be isolated and used under strict conditions, synthetic manipulation to produce delta-8 THC is illegal and heavily regulated.
Virginia
Banned (effectively)
Virginia residents can no longer legally buy intoxicating Delta-8 THC products in the state anymore.
The bill sets the total THC limit, including Delta-8, in hemp products and extracts to 0.3% and two milligrams per package unless the product’s cannabidiol (CBD) to THC ratio is at least 25 parts CBD to one part THC.
The law introduces a regulated hemp product retail facility registration with a $1,000 annual fee, mandates specific packaging, labeling, and testing standards, and empowers the Commissioner to inspect and secure samples from retail facilities. Additionally, it establishes civil penalties of up to $10,000 per day for violations such as selling without registration or exceeding THC limits and increases existing penalties for certain hemp-related offenses.
State officials initially focused enforcement efforts on businesses with a physical presence in Virginia. However, plan to address online retailers as more resources become available.
Washington
Banned
Washington classifies Delta-8 as a Schedule I controlled substance under its Uniform Controlled Substances Act. The Washington State Liquor and Cannabis Board (WSLCB) confirmed this status, explaining that the production and manufacture of delta-8 products require a synthetic and chemical process, which goes against the state’s hemp laws. However, the rules surrounding the use and possession of delta-8 products are unclear.
Wyoming
Ban set to take effect Jul 1, 2024
Wyoming is the latest state to ban the sale of hemp-derived THC products officially.
Governor Mark Gordon signed Senate File 32 into law, prohibiting any person or licensee from incorporating synthetic substances into hemp or hemp products. This law, effective from July 1, 2024, also mandates state officials to inspect stores selling hemp products and perform chemical analyses to verify their compliance.
Violators will face a corrective action plan that includes reporting requirements, additional inspections, license suspension, and the disposal of hemp products with THC levels above the 0.3% federal legal limit.
Sam Watt, owner of Platte Hemp Co., expressed his eagerness to challenge the ban, representing his business and 80 others in Wyoming that sell hemp products.
States that Ban Delta-8 Outside of Cannabis Channels
This section describes states that have passed laws, amended their hemp program, or whose Attorney General issued legal opinions deeming Delta-8 illegal or banning the process used to create it but still allow cannabis dispensaries to sell the compound under certain circumstances.
Alaska
Arizona
California
Colorado
Connecticut
Michigan
Nevada
Oregon
Alaska
Banned outside cannabis channels
Retailers openly sold Delta-8 products in Alaska until lawmakers revised the state’s industrial hemp rules in November 2023. The latest rules prohibit the sale of intoxicating hemp products and those containing non-naturally occurring cannabinoids under the program and shifted the jurisdiction to Alaska’s Cannabis Control Board.
Alaska residents can now access legal Delta-8 THC products through licensed dispensaries only.
Arizona
Banned outside cannabis channels
In Arizona, the sale of delta-8 THC and other "hemp-synthesized intoxicants" outside the licensed adult-use and medical cannabis marketplaces is illegal, according to an opinion issued by State Attorney General Kris Mayes. The opinion clarifies that smoke shops, convenience stores, and similar establishments not licensed by the Arizona Department of Health Services are prohibited from selling products containing hemp-derived cannabinoids like delta-8, delta-10, or any products that have been synthetically converted from CBD or other naturally occurring cannabinoids.
This decision aligns with efforts to maintain strict control over intoxicating cannabis products, which are considered Schedule 1 controlled substances and can only be sold by licensed sellers in the state.
California
Banned outside of cannabis channels
Delta-8 is effectively illegal in California because of the state’s restrictive rules regarding industrial hemp production and potency.
In California, industrial hemp products cannot contain THC isolates or synthetic cannabinoids or exceed a THC concentration of 0.3% on a dry-weight basis. The total THC calculation encompasses all compound forms, including Delta-8 and Delta-10. Additionally, California mandates thorough testing and Certificates of Analysis to confirm THC levels and product safety, reflecting Assembly Bill 45's requirements.
The state of California treats Delta-8 THC as cannabis and allows sales only as part of the adult-use market.
Governor Jared Polis recently passed a law giving Colorado's Marijuana Enforcement Division (MED) authority over the production, distribution, and sale of intoxicating cannabinoids, which are restricted to licensed entities. This initiative includes setting standards for labeling, testing, and tracking and the ability to enforce compliance through orders such as cease-and-desist.
Connecticut
Banned outside of cannabis channels
Connecticut lawmakers passed Senate Bill 1201 in 2021, essentially providing regulatory oversight to the state’s adult-use cannabis market. Under this legislation, all forms of cannabis containing more than 0.3% of any tetrahydrocannabinol are considered marijuana.
Since Connecticut has regulations outlining provisions for the sale of medical and recreational marijuana, only state-licensed marijuana dispensaries can sell delta-8 products; since state licensing applications aren’t yet available, delta-8 remains illegal.
Michigan
Banned Outside of Cannabis Channels
Michigan passed a law in 2021 classifying delta-8 as marijuana and regulating it through the state’s Marijuana Regulatory Agency (MRA). By October 2021, businesses could no longer legally sell Delta-8 THC without being licensed marijuana dispensaries. Thus, Michigan residents cannot legally access Delta-8 in standard retailers. Only adults over 21 who visit licensed dispensaries can purchase Delta-8.
Nevada
Banned Outside of Cannabis Channels
In Nevada, producing, distributing, or selling synthetic cannabinoids, including Delta-8, without approval from the Cannabis Compliance Board (CCB) is illegal as of June 4, 2021. To date, no such approval process has been established.
Additionally, the state’s Senate Bill 49 expanded the definition of THC to include all isomers, such as Delta-8 and Delta-10, applying the 0.3% THC limit to these substances. The Nevada Department of Agriculture now classifies any hemp-derived products exceeding the 0.3% THC limit as unapproved cannabis.
Oregon
Banned Outside of Cannabis Channels
In Oregon, Delta-8 THC is effectively illegal following the enactment of HB 3000, which prohibits synthetically derived cannabinoids. The Oregon Liquor and Cannabis Commission (OLCC) implemented this ban due to concerns about the safety of the chemical processes used to synthesize Delta-8 THC from CBD.
As a result, the production, sale, and use of hemp-derived Delta-8 THC products are restricted. However, OLCC began allowing Oregon-licensed marijuana dispensaries to sell hemp-derived Delta-8 edibles in July 2023 if they are certified as Generally Recognized as Safe (GRAS) by the FDA.
States where Delta-8 is Banned, but the Ban is Potentially Unenforced
This section describes states with active legislation banning Delta-8 or the process used to create it. Yet sources indicate that residents can easily find and purchase Delta-8 products at local stores.
Hawaii
Massachusetts
Mississippi
Hawaii
Banned but potentially unenforced
Hawaii banned all hemp cannabinoids created through isomerization in February 2022, effectively barring all Delta-8 THC products. Still, technically, Delta-8 THC is legal as long as it is naturally extracted from hemp plants and the final product does not exceed 0.3% Delta-9 THC. Hawaii’s regulations also required hemp producers to pass laboratory testing for contaminants.
On top of these restrictions, Hawaii’s Department of Health indicates that retailers are prohibited from various hemp products, including:
Food and beverages
Any oral product except tablets, capsules, powders, or softgells.
Gummies
Inhalable products
Hemp flower
Products are introduced through the eyes, ears, nasal cavities, or other non-oral routes.
Formulas that exceed 0.3% Delta-9 THC.
Despite these exhaustive rules, sources indicate that Hawaii residents can easily find Delta-8 THC products online and in stores.
Massachusetts
Banned but potentially unenforced
In 2022, the Massachusetts Department of Agriculture Resources (MDAR) declared Delta-8 THC a controlled substance and prohibited businesses from processing or selling it.
Despite this statement, the Department has not explicitly regulated or enforced the rule. Thus, enterprises are reportedly selling intoxicating hemp products, including those that contain Delta-9 and Delta-10, without ramifications.
Mississippi
Banned but potentially unenforced
Delta-8 THC products are illegal in Mississippi. The state initially allowed the cultivation and production of hemp and hemp-based products under SB 2725, which aligned with the 2018 Farm Bill. However, this law was amended by HB 1547 to exclude hemp-derived THC, making all THC isomers, synthetic substances, and derivatives illegal.
This section describes states that allow hemp-derived delta-8 sales but restrict some aspects of the manufacturing or sales process. They may have enacted laws requiring lab testing, licensing, and labeling rules. They may also have age limits.
Florida
Kentucky
Minnesota
Tennessee
Florida
Legal and regulated
Hemp-derived Delta-8 THC is legal and regulated in Florida for residents over 21 years old. Brands must comply with safety standards and avoid creating products that could be attractive to children.
Lawmakers recently tried to ban hemp-derived Delta-8 and limit Delta-9 THC levels in the state. However, in June 2024, Governor Ron DeSantis vetoed bill SB 1698.
DeSantis cited concerns about the bill's regulatory burdens on small businesses and its potential failure to achieve its intended purposes. Instead, he proposed future hemp regulations focusing on quality control, retail sales, labeling, marketing, and packaging. DeSantis recommended measures such as random inspections, standardized lab testing, dosing regulations, and unit purchase caps. He also advised selling hemp-derived cannabinoids behind the counter and distancing hemp retail shops from areas frequented by children and families.
According to a recent NBC Miami article, the Florida Healthy Alternatives Association praised his veto, emphasizing the importance of hemp and CBD products for consumers' well-being and local businesses.
Kentucky
Legal and regulated
In Kentucky, hemp-derived THC products containing no more than 0.3% THC are legal under certain conditions. This includes Delta-8 and Delta-10 THC products.
Governor Andy Beshear issued an Executive Order effective November 15, 2022, regulating the sale of hemp-derived Delta-8 THC products and mandating specific labeling and testing requirements to confirm their THC levels are within the legal limit and free from contaminants. Additionally, businesses involved in the manufacturing or distribution of Delta-8 THC products must register and obtain the necessary permits to operate legally in the state.
Minnesota
Legal and regulated
Hemp-derived Delta-8 THC is legal in Minnesota following regulations passed in May 2023. Starting May 31, 2023, only residents 21 or older can purchase hemp-derived cannabidiol products, which must be displayed behind checkout counters or in locked cases, with beverages as exceptions. These products, limited to edibles, beverages, and topicals, are subject to serving size and THC content limits: Edible products cannot exceed 5 mg of delta-8 or delta-9 THC per serving.
Synthetic cannabinoids, other than Delta-8, and products appealing to children are banned. Products must be tested to confirm cannabinoid content, lack of contaminants, and compliance with FDA standards. Additionally, businesses selling these products directly to consumers must register with the state.
Tennessee
Legal and regulated
Hemp-derived Delta-8 is legal in Tennessee for adults over 21 under certain conditions. A new law that went into effect in July 2023 requires that Delta-8 products be kept behind the counter at retail locations, pass laboratory testing, and adhere to specific packaging and labeling requirements. Additionally, retailers cannot sell Delta-8 products within 1,000 feet of any school.
States where Delta-8 is Legal and Unregulated
This section describes states that allow Delta-8 sales, aligning with the 2018 Farm Bill. These states have not enacted regulations restricting access and have not signaled intent to ban or severely limit Delta-8 use or production in the future.
Alabama
Maine
North Carolina
New Mexico
West Virginia
Wisconsin
Alabama
Legal and unregulated
Delta-8 THC is currently legal and unregulated in Alabama. Lawmakers have repeatedly introduced bills aiming to restrict access to adults 21 and older. However, they have not signaled a desire to ban the compound.
Maine
Legal and unregulated
Delta-8 THC is legal in Maine according to LD 630, which passed in 2019. Residents can purchase and use hemp-derived Delta-8 THC as long as it does not exceed a THC level of 0.3%. Maine’s CBD stores can legally sell Delta-8 THC products whether or not they come from the state.
Adult residents may also consume cannabis-derived Delta-8 products. Medical cannabis patients must be at least 18.
The state has not indicated a desire to ban Delta-8 in the future.
New Mexico
Legal and unregulated
Delta-8 is legal to sell and purchase in New Mexico, and legislatures have not signaled a desire to regulate or ban the compound. The state passed the Hemp Manufacturing Act in 2019, legalizing hemp and derivative products so long as they meet the state’s definition, which closely aligns with the 2018 Farm Bill.
According to the Act, "hemp" means the plant Cannabis sativa L. and any part of it, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9- tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis.” Delta-8 is not included in the total THC calculation.
North Carolina
Legal and unregulated
Delta-8 is legal in North Carolina and is not categorized as a controlled substance under state law following the passage of Senate Bill 352. The bill amended the North Carolina Controlled Substances Act, excluding all hemp-derived cannabinoids, including delta-8.
West Virginia
Legal and unregulated
Delta-8 THC is legal in West Virginia for recreational use. In 2019, West Virginia updated its hemp legislation with House Bill 2694 to match the 2018 Farm Bill's standards. This law identifies hemp as any part of the Cannabis sativa plant, including its isomers and derivatives, as long as they contain no more than 0.3% THC. It allows the growing, processing, and selling of hemp-based THC products.
Residents of West Virginia are legally permitted to buy both marijuana-derived and hemp-based THC products from both stores and online dispensaries. The state has not indicated a desire to ban or restrict hemp-derived Delta-8 access.
Wisconsin
Legal and unregulated
Delta-8 THC is legal in Wisconsin. The state aligns its laws with the 2018 Farm Bill, which legalized hemp and hemp-derived products containing up to 0.3% Delta-9 THC. This definition encompasses Delta-8 THC, as it is a minor hemp cannabinoid.
Additionally, Wisconsin's Uniform Controlled Substances Act does not list hemp-derived cannabinoids like Delta-8 as illegal substances. Thus, Wisconsin residents can freely buy Delta-8 products in various stores and online.
Legal but Severely Restricted Delta-8 States
This section describes states that have revised their total THC rules to include the aggregate of all THC forms, including Delta-8 and Delta-10, making compliance more challenging.
Kansas
Louisiana
New Hampshire
Iowa
Utah
Kansas
Legal but severely restricted
Delta-8 THC is legal in Kansas as long as it adheres to the state’s total THC rules.
In December 2021, Kansas City Attorney General Derek Schmidt issued a formal opinion that Delta-8 THC is only non-compliant if it contains greater than 0.3%
tetrahydrocannabinols. Total tetrahydrocannabinols comprise the aggregate of all THC forms, including Delta-8 and Delta-10. Products that contain less than 0.3% total THC are technically compliant.
Still, the Wichita Police Department’s Deputy Chief Brandon Russel is cracking down on store owners, indicating that many Delta-8 products are out of compliance.
Louisiana
Legal but severely restricted
Delta-8 is not technically illegal in Louisiana, but consumers won’t be able to find psychoactive hemp products in the state. In Louisiana, adults over 21 can possess unlimited quantities of hemp-derived CBD, provided it contains no more than 0.3% Delta-9 THC and no more than 1% total THC variants, including Delta-8 and Delta-10 THC. Products must adhere to a limit of 8 mg of THC per serving.
New Hampshire
Legal but severely restricted
New Hampshire makes it challenging for brands to create compliant Delta-8 products because it banned hemp-derived products containing natural or synthetic THC greater than 0.3 percent on a dry weight basis following an amendment to RSA 439-A signed by Governor Sununu on August 8, 2023. Effective October 9, 2023, this law covers delta-8 THC, delta-9 THC, delta-10 THC, and other THC isomer variants in the total THC calculation.
Iowa
Legal but severely restricted
Delta-8 THC is currently legal in Iowa Code section 124.204(7)(b) as long as the product contains no more than 0.3% tetrahydrocannabinol on a dry weight basis. This potency limit factors in all forms of THC, including Delta 8, Delta 10, THC-O Acetate, HHC, Delta 6, THCV, and THCp. Additionally, Delta-8 is only allowed in specific forms, including edibles, oral formulas like tinctures, and topical solutions. Inhalable delta-8 products like vapes and pre-rolls are explicitly prohibited in Iowa.
Delta-8's legal status in Iowa may change soon. Legislators recently submitted Iowa House File 2605 to restrict synthetically produced delta-8 THC and similar intoxicating compounds, limit THC in hemp products to less than 4 milligrams per serving and 10 milligrams per package, and ban the sale of non-psychoactive CBD to individuals under 18. The bill, now on Governor Kim Reynolds' desk, also proposes penalties for businesses selling unregistered hemp products, empowers the state to confiscate non-compliant products, and requires warning labels on consumable hemp items, aiming to regulate the consumable hemp industry more strictly.
In Utah, any cannabinoid product, including those containing Delta-8 THC, must be registered annually with the Utah Department of Agriculture and Food (UDAF). The application requires issuing a cannabinoid profile certificate of analysis from UDAF’s Analytical Lab, a full panel COA from any third-party lab, and the product’s label.
Certain product types are prohibited, such as smokeable flowers and products appealing to children (e.g., those with mascots or shaped like characters). Restrictions are also placed on the THC content, limiting products to a total THC (including all analogs like Delta-8 THC) concentration of 0.3% on a dry weight basis, no more than 10% of the total cannabinoid content, 5 milligrams per serving, and 150 milligrams per package.
The state explicitly includes delta-8 THC in its regulatory scope but bans synthetic or artificially derived cannabinoids like THC-O Acetate, HHC, EXO-THC, THCP, THCJD, and other unspecified THC analogs.
Legal, but Contested Delta-8 States
This section describes states whose hemp program allows for legal Delta-8 sales but whose lawmakers are actively seeking to ban the compound.
Arkansas
Georgia
Illinois
Indiana
Missouri
Maryland
Nebraska
New Jersey
Ohio
Oklahoma
Pennsylvania
South Carolina
Texas
Arkansas
Legal, but contested
Delta-8 is still legal in Arkansas despite lawmakers’ attempts to ban the compound.
In September 2023, a federal judge in Arkansas blocked the enforcement of a state law that seeks to prohibit the production and sale of products containing Delta 8, Delta 9, and Delta 10 THC. Hemp businesses challenged the law, Act 629, in court a day before it was set to take effect. But the legal battle continues.
Meanwhile, In March 2024, Arkansas Attorney General Tim Griffin and other attorneys general urged Congress to impose stricter regulations on hemp-derived products like Delta-8 for the upcoming Farm Bill revisions. The attorneys seek more explicit federal guidelines and prefer states to manage regulation.
Georgia
Legal, but contested
Georgia has not explicitly banned or legalized Delta-8 THC. However, Gwinnett County District Attorney Patsy Austin-Gatson has allowed law enforcement to raid, arrest, prosecute, and stop the sale of Delta-8 at local businesses. Additionally, the Georgia government recently filed a restrictive cannabinoid bill.
Senate Bill 494 (SB 494) in Georgia, expected to be signed by Governor Brian Kemp, seeks to regulate the sale of intoxicating hemp-derived cannabinoid products, including CBD extracts, by limiting sales to adults over 21. This bill specifically targets products intended for ingestion, absorption, or inhalation. SB 494 will also update regulations regarding licensing, testing, and retail operations and prohibit hemp compounds in alcoholic beverages and food, with exceptions for gummies or extracts. Additionally, it bars packaging that could appeal to children, aiming to create a safer market for hemp products. However, this bill does not explicitly prohibit Delta-8 sales.
Illinois
Legal, but contested
Delta-8 THC products are legal in Illinois. The state has not enacted restrictive legislation, but industry players and lawmakers are debating the merits.
In late 2023, the Chicago City Council Proposed an ordinance restricting Delta 8 sales to licensed marijuana dispensaries. A year later, the CEO of the National Cannabis Industry Association agreed, saying that Delta-8 should undergo the same regulations as high-THC marijuana, including age restrictions and testing requirements.
Additionally, individual Illinois communities are making their own rules. For example, the Antioch Village Board voted to prohibit liquor and tobacco businesses from selling Delta-8 THC products.
Indiana
Legal, but contested
Indiana legalized Delta-8 THC in 2019 by aligning its hemp program to the federal Farm Bill through Senate Bill 516. In Indiana, the sale, purchase, use, and possession of hemp-based Delta-8 THC products are legal as long as they contain no more than 0.3% Delta-9 THC. However, Indiana law bans smokable hemp flower, Delta-8 flower, and cannabis-derived Delta-8 THC products.
Residents of Indiana can purchase Delta-8 THC products from retailers, including CBD dispensaries, vape shops, gas stations, and online vendors. They can also legally ship hemp-based Delta-8 THC products from other states into Indiana.
Indiana lawmakers attempted to ban Delta-8 THC sales in 2022, but the action failed.
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Missouri
Legal, but contested
Delta-8 is still legal in Missouri, but that could change very soon. Missouri's proposed "Intoxicating Cannabinoid Control Act" aims to regulate hemp-derived Delta-8 THC, potentially banning the majority of products currently sold in the state. The bill would subject these products to the same regulatory framework as marijuana, including age restrictions, labeling, testing requirements, and sales limited to licensed dispensaries.
This change could significantly impact businesses and consumer access, as many hemp-derived THC products, popular in bars and gas stations, currently face fewer restrictions.
Maryland
Legal, but contested
Delta-8 is legal in Maryland, aligned with the federal Farm Bill of 2018, but with state-specific restrictions outlined in House Bill 1123 in 2022. The state's regulations mirror those for marijuana, prohibiting the sale, possession, and use of delta-8 products to residents under 21 years of age. Additionally, a task force involving the Maryland State Department of Agriculture must study and recommend regulations for THC variants other than delta-9.
In 2023, Maryland legislators proposed a law barring unlicensed businesses from selling hemp and alternative cannabinoids, like Delta-8, above a specified potency. In 2023, Washington County Circuit Court Judge Brett R. Wilson paused enforcement of the ban after Maryland’s Hemp Coalition filed a lawsuit. However, lawmakers seem determined to ensure a similar ban passes.
In February 2024, Senator Reader proposed a new bill (SB 1109), defining and banning intoxicating hemp compounds. If passed, this bill would outlaw Delta-8 and other intoxicating hemp-derived cannabinoids in products that contain more than 0.5 mg of THC per serving.
Nebraska
Legal, but contested
Nebraska currently allows residents over 21 years old to buy hemp-derived Delta-8 THC from retail shops and online, including edibles, tinctures, and smokable products. However, that may change soon.
On February 1, 2024, Nebraska lawmakers introduced legislative bill LB999, aiming to prohibit the sale, possession, and consumption of synthetically derived THC products like delta-8 and delta-10. Additionally, the bill proposes transferring regulatory oversight of hemp cultivation from the state to the U.S. Department of Agriculture and terminating the Hemp Promotion Fund.
Nebraska's Attorney General and local law enforcement support the bill. However, businesses and consumers oppose it, arguing that these products offer significant therapeutic benefits and that most retailers comply with existing regulations.
New Jersey
Legal, but contested
In New Jersey, both Delta-8 and Delta-9 THC, derived from hemp, are legal. However, the state intends to regulate the compound, and some municipalities plan to ban it.
In January 2024, NJ regulators pre-filed Assembly No. 1890, which establishes regulations and a registration process for manufacturing and selling certain-derived cannabinoids, including Delta-8 THC. The bill aims to introduce registration, testing, labeling, age, and dosage requirements to ensure the safety of these products for public consumption.
Additionally, in Plainfield, New Jersey, the City Council voted to ban Delta-8 and Delta-9 hemp products, citing concerns over transparency, market saturation affecting local cannabis businesses, and the city's desire to avoid becoming inundated with smoke shops. The ordinance passed its first reading unanimously in March 2024 and will become municipal law if approved on a second reading.
Ohio
Legal, but contested
Delta-8 THC is currently legal in Ohio. The state allows the sale of hemp products, including delta-8 THC, as long as they contain .3% THC or less. However, Ohio’s governor indicated that he wants that to change soon.
Gov. Mike DeWine proposed a ban on delta-8 THC in January 2024, expressing concerns over its unregulated status and accessibility to minors. Despite Delta-8’s federally legal status, DeWine argues that infused products are intoxicating and should not be legal for sale.
He called on the Ohio General Assembly to quickly regulate the compound, potentially limiting Delta-8 sales to licensed dispensaries. This move has sparked debate among the state's consumers, retailers, and medical dispensaries. No bill has been filed yet.
Oklahoma
Legal, but contested
Delta-8 is legal in Oklahoma per Senate Bill 1033, which passed in 2021, aligning with the Farm Bill’s total THC rules. In Oklahoma, residents who are 21 years of age or older can buy Delta-8 products from hemp stores, convenience stores, and online. Residents may also order Delta-8 products from other states where they are legally permitted and have them shipped to Oklahoma.
However, lawmakers recently introduced a Bill that could “close the loophole” on legal retail sales by redefining medical marijuana to include hemp-derived cannabinoids. If passed, SB 1980 will require Oklahoma residents to have a medical marijuana patient license to purchase Delta-8. The bill would also allow the state to regulate the processing, packaging, and sale of Delta-8, along with other THC analogs derived from hemp.
Pennsylvania
Legal, but contested
Pennsylvania’s hemp laws align with the federal definition of hemp, allowing products that fall below a total Delta-9 THC concentration of 0.3%. As a result, residents can find Delta-8 products for sale across the state. However, the state’s stance on Delta-8 sales is highly confusing, stemming from inconsistencies across federal, state, and county directives.
The murkiness became evident when the Lancaster district attorney recently seized over 7,000 Delta 8, Delta 9, and Delta 10 products from various stores, deeming these products illegal under the state’s Controlled Substances Act (CSA).
Pennsylvania’s CSA from 1972 indicates that THC isomers, including Delta 1, Delta 3, Delta 4, and Delta 6, are illegal. However, it does not directly list Delta 8. Still, Lancaster’s District Attorney calls it a Schedule 1 Substance.
In July 2023, legislatures filed a bill to regulate adult-use cannabis in the state. Should this type of bill pass, Delta-8 will be included in the definition of marijuana and will become regulated within that industry.
South Carolina
Legal, but contested
South Carolina has not explicitly outlawed Delta-8. However, the state’s governing bodies seek to ban or severely restrict products.
In January 2024, the South Carolina Department of Health and Environmental Control sent a letter to businesses indicating that hemp products are not approved for use in food or drinks. The letter specifies that unacceptable hemp products include CBD isolate, Delta-8, Delta-9, Delta-10, and THC-O.
Additionally, South Carolina recently proposed stringent regulations for Delta-8 and other hemp-derived cannabinoids, mandating age restrictions, retail controls, and licensing for sellers and manufacturers. House Bill 4628 requires comprehensive testing to ensure product safety and imposes a 5% sales tax on retail sales of such products. The law also establishes strict labeling and packaging standards, including child-resistant features and prohibitions on marketing to minors. Violations of these regulations are punishable, aiming to safeguard consumers and regulate the market responsibly.
In 2020, the Texas Department of State Health Services (DSHS) attempted to classify Delta-8 as a Schedule I controlled substance, effectively banning its sale and use. However, industry actors resisted the action, resulting in ongoing legal challenges.
A Texas judge issued a temporary injunction against the DSHS in November 2021, allowing Delta-8 sales to continue until further clarifications are made. Therefore, Delta-8 sales are still occurring in Texas, but its legal status depends on future court rulings and potential legislative changes.
Contact ACS Laboratory today for Delta-8 THC compliance testing in all 50 states, plus Puerto Rico.
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Call Us at 813-670-9197 or Click to send us a message.
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