Is Delta 8 THC Legal

In Alabama, delta-8 is legal and not deemed a banned controlled substance due to the enactment of Senate Bill 225, which authorized hemp and hemp-derived compounds in line with the federal Agriculture Improvement Act (Farm Bill). Consequently, the usage, possession, sale, distribution, purchasing, and production of delta-8 products are allowed under state law. However, in early 2021, Alabama lawmakers attempted to ban delta-8 and delta-10 with House Bill 2, and in February 2022, State Sen. Tim Melson introduced House Bill 144, which aimed to ban delta-8 and other intoxicating hemp compounds. Fortunately, both bills failed to pass. Learn more
about delta-8's legal status in Alabama.

Alaska prohibits the use, possession, sale, distribution, and production of delta-8, classifying it as a Schedule llIA controlled substance
under state law. Schedule IIIA includes all tetrahydrocannabinols such as delta-10 and THC-O. Possession of delta-8 can range from a Class C misdemeanor to a felony, depending on quantity and intent.

Contrary to popular belief, delta-8 is not illegal in Nevada. The state restricts and regulates delta-8 products under its cannabis
regulatory framework. The Nevada Cannabis Compliance Board (CCB) considers delta-8 and other intoxicating THC isomers as Schedule |
controlled substances. Delta-8 companies must obtain CCB licensing before producing and selling their products, indicating that delta-8
falls under the state's existing cannabis laws. However, Senate Bill 1715, passed in March 2022, seeks to ban delta-8 and criminalize the
sale and manufacturing of delta-8 products. Learn more about the legal status of delta-8 in Arizona.

The legality of delta-8 in Arkansas is ambiguous. The state classifies delta-8 as a Schedule IV controlled substance, alongside other tetrahydrocannabinols such as delta-10 and HHC. However, according to an official source, Arkansas’s health department has not explicitly banned or permitted delta-8 products, leaving local law enforcement to take action if necessary.

California restricts delta-8 under state law, regulating the use, possession, sale, distribution, and production of hemp and marijuana-derived delta-8 products. Possession of hemp-derived products with more than 0.3% delta-8 THC is not allowed, but up to 28.5 grams of marijuana-derived delta-8 can be purchased from a licensed dispensary. See the latest updates for delta-8 in California.

Delta-8 is illegal in Colorado, despite the state's relaxed medical and recreational marijuana laws. The Colorado Department of Health &
Environment (CDPHE) issued a notice stating that chemically modifying or converting naturally occurring cannabinoids from industrial hemp is
non-compliant with the statutory definition of an "industrial hemp product.” As a result, Colorado considers delta-8 a controlled substance as per SB 14-184 and the Uniform Controlled Substances Act.

However, reports suggest delta-8 is sold freely across the state, and law enforcement is not targeting unlicensed vendors. Senate Bill 205,
passed in May, created a task force to study intoxicating hemp compounds and focus on consumer protection. The task force will submit a
report to the general assembly by the end of 2022. Learn more about the legal status of delta-8 in Colorado.

Contrary to popular belief, Connecticut regulates delta-8 under its existing marijuana laws following Senate Bill 1201. This bill allows only
licensed dispensaries and hybrid retailers to sell delta-8 products, while unlicensed vendors are not permitted to stock or sell delta-8.
However, unofficial reports indicate that delta-8 products are available through unlicensed retailers.

In Delaware, delta-8 is illegal, meaning the state does not allow the use, possession, sale, distribution, and production of delta-8 products
under state law. Although Delaware recently decriminalized simple marijuana possession in small quantities, the state specifies that all tetrahydrocannabinols are banned substances under Schedule | of its Uniform Controlled Substances Act. Penalties for delta-8 possession
range from fines to extended prison times, depending on quantity and intent.

Florida permits hemp-derived delta-8 under state law, allowing the use, possession, sale, distribution, and production within its borders without risk of penalty or prosecution. There are no possession limits for hemp-derived delta-8. However, delta-8 derived from marijuana is not legal in Florida, as marijuana and marijuana-derived compounds remain strictly illegal. Learn more about the legal status of delta-8 in Florida.

In Georgia, delta-8 is legal as long as it is derived from hemp and contains less than 0.3% delta-9 THC. The state permits the use,possession, sale, distribution, and production of hemp-derived delta-8 products, in accordance with the Agriculture Improvement Actof 2018 (Farm Bill). However, it is important to note that delta-8 derived from marijuana is illegal in Georgia.

Delta-8 is currently illegal in Hawaii. The state does not allow the use, possession, sale, distribution, and production of delta-8
products under state law. Hawaii classifies all tetrahydrocannabinols, including delta-8, as Schedule | controlled substances.

In Idaho, delta-8 is illegal, and the state prohibits the use, possession, sale, distribution, and production of delta-8 products. Idaho maintains stringent laws against all forms of cannabis and hemp products, classifying delta-8 as a Schedule | controlled substance.

Delta-8 is legal in Illinois as long as it is derived from hemp and contains less than 0.3% delta-9 THC. The state permits the use,
possession, sale, distribution, and production of hemp-derived delta-8 products in accordance with the Agriculture Improvement Act
of 2018 (Farm Bill). However, delta-8 derived from marijuana is illegal in Illinois.

In Indiana, delta-8 is legal if derived from hemp and containing less than 0.3% delta-9 THC. The state allows the use, possession, sale,
distribution, and production of hemp-derived delta-8 products in line with the Agriculture Improvement Act of 2018 (Farm Bill).
Delta-8 derived from marijuana, however, is illegal in Indiana

Delta-8 regulations in lowa are unclear, with law enforcement often overlooking vendors who openly sell delta-8 products in the state. Chapter 124 of the lowa Controlled Substances Act classifies all tetrahydrocannabinols as Schedule | controlled substances. The lowa
Department of Agriculture & Land Stewardship also formally states that possessing and manufacturing delta-8 products is prohibited. House File 2581 makes all inhalable cannabis products, including delta-8, illegal; this includes vape pens, flower, and pre-rolls.

Delta-8 is ambiguously legal in Kansas. The state's attorney general published a contentious opinion stating that delta-8 products are “unlawful” unless they contain no more than 0.3% total tetrahydrocannabinols. This THC percentage would effectively ban most delta-8 products. However, an attorney general's opinion is not legally binding, and delta-8 remains somewhat available online and in physical retail stores. Medical and recreational cannabis is prohibited. Possession of marijuana-derived delta-8 is a Class B misdemeanor with a maximum penalty of six months in prison and a $1,000 fine. Learn more about the legal status of delta-8 in Kansas.

Hemp-derived delta-8 is temporarily allowed in Kentucky, meaning its use, possession, sale, purchase, and production are currently legal, pending review. In 2021, the Kentucky Department of Agriculture's legal counsel issued a memo stating that both hemp and marijuana-derived delta-8 are controlled substances and illegal under federal and state law. After several delta-8 vendors were raided, the Kentucky Hemp Association (KHA) sued the state and secured a temporary injunction, similar to Texas's, legalizing delta-8 products in February 2022. Senate Bill 170, introduced to ban delta-8, failed during the committee stage. Learn more about the legal status of delta-8 in Kentucky.

Louisiana has enacted strict regulations on delta-8 following the passage of House Bill 758 on June 16, 2022. Unlicensed hemp vendors selling delta-8 must now become licensed by the state and submit products for testing to ensure consumer safety. Products cannot contain more than 0.5 milligrams of delta-8 or any other THC isomer, and licensed vendors cannot sell delta-8 products to anyone under 21. Medical
cannabis is legal but heavily regulated, while recreational adult-use cannabis remains decriminalized. Penalties for possessing marijuana-derived delta-8 depend on quantity and intent. Learn more about the legal status of delta-8 in Louisiana.

Hemp-derived delta-8 is legal under state law, aligning with federal law after the passage of Legislative Document 1159. The use,possession,
sale, distribution, purchase, and production of delta-8 products are allowed in Maine without risk of penalty or punishment. Marijuana and marijuana-derived delta-8 are also legal under state law.

Hemp-derived delta-8 is now regulated under Maryland's existing marijuana laws, following Senate Bill 778, signed into law on May 29, 2022, and effective on July 1, 2022. No one under 21 can use, possess, or purchase delta-8 products, and delta-8 companies cannot sell or distribute delta-8 products to anyone under 21. The bill also establishes a task force composed of the Natalie M. LaPrade Medical Cannabis
Commission and other health and science organizations, in consultation with the Maryland State Department of Agriculture, to study and make recommendations on the classification and regulation of tetrahydrocannabinols, other than delta-9, that are artificially, synthetically , or naturally derived from hemp. This includes delta-8 THC. Medical cannabis is legal in Maryland, while recreational cannabis remains decriminalized but not fully legal. Penalties for possessing marijuana-derived delta-8 depend on the amount and intent.

Hemp-derived delta-8 is legal in Massachusetts, with the use, possession, sale, distribution, purchase, and production of delta-8 products
allowed under state law. The Massachusetts Department of Agricultural Resources issued a policy statement clarifying that the production
and sale of hemp-derived cannabinoids, including delta-8, are permissible as long as they comply with state and federal laws. Both medical
and recreational cannabis are legal in Massachusetts.

Hemp-derived delta-8 is legal in Michigan. The use, possession, sale, distribution, purchase, and production of delta-8 products are permitted under state law. Michigan's Department of Agriculture & Rural Development (MDARD) released a policy statement affirming that delta-8 derived from industrial hemp is legal. However, it must comply with state and federal laws, including the 2018 Farm Bill. Medical and recreational cannabis are also legal in Michigan.

Hemp-derived delta-8 is legal in Minnesota, and the use, possession, sale, distribution, purchase, and production of delta-8 products are allowed under state law. The Minnesota Department of Agriculture (MDA) has not explicitly addressed the legality of delta-8 THC, but state
law permits hemp-derived cannabinoids. Medical cannabis is legal in Minnesota, while recreational cannabis remains illegal but decriminalized for small amounts.

Hemp-derived delta-8 THC is not explicitly legal or illegal in Mississippi, and the state has not issued any guidance on the issue. However, hemp-derived delta-8 products are available in some retail stores and online. Medical cannabis is legal in Mississippi after the passage of Initiative 65, while recreational cannabis remains illegal.