Where Is Delta-8 THC Legal and Where Is It Banned?

The legality of Delta-8 THC, a compound derived from hemp, varies from state to state within the United States. At that time, Delta-8 THC was legal in many states where cannabis was legal for recreational or medicinal use. However, some states have explicitly banned or restricted its sale and consumption.

After the 2018 Farm Bill unintentionally legalized intoxicating hemp-derived cannabinoids, savvy hemp operators created a booming market for those products. That market could come to a halt if Congress closes loopholes for existing hemp-derived cannabinoid businesses in the U.S. Farm Bill slated to pass this year.

Hemp-derived THC legal status

Status	Description
Prohibited	The state has passed a law or implemented regulations that make intoxicating hemp products illegal.
Prohibited Outside Marijuana Channels	The state regulates hemp-derived and hemp-synthesized THC within its legal marijuana market but prohibits it outside those channels.
Regulated	The state regulates hemp-derived and hemp-synthesized THC for adults 21 and older and/or limits the product types and dosages sold.
Unregulated – Ban Unclear	The state has aligned its laws with the 2018 Farm Bill, but other government entities have declared intoxicating hemp products illegal.

States Where Delta-8 THC is Banned

States where Delta-8 THC is generally legal include: On the other hand, some states have banned or placed restrictions on Delta-8 THC, including:

Prohibited

Alaska
Colorado
Delaware
Idaho
Montana
New York
North Dakota
Oregon
Rhode Island
Vermont
Washington

Prohibited Outside Cannabis Channels

Arizona
California
Connecticut
Maryland
Michigan
Nevada
Utah

Regulated

Iowa
Kentucky
Louisiana
Minnesota
New Hampshire
Ohio
South Dakota
Tennessee
Virginia

States Where Delta-8 THC is Legal

States where Delta-8 THC is generally legal include:

Unregulated – Ban Unclear

Hawaii
Illinois
Kansas
Massachusetts
Mississippi
Pennsylvania
South Carolina

Unregulated

Alabama
Arkansas
Florida
Georgia
Indiana
Maine
Missouri
Nebraska
New Jersey
New Mexico
North Carolina
Oklahoma
Texas
West Virginia
Wisconsin
Wyoming

It’s essential to note that the legal status of Delta-8 THC may have changed since my last update, as laws and regulations regarding cannabis and its derivatives are subject to frequent changes and updates. Therefore, it’s crucial to verify the current legal status of Delta-8 THC in your specific state or jurisdiction.

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