States where delta 8 is legal

A Full Breakdown Of All The States Where delta-8 Is Legal

Andy Minor
12/08/2022

The legal status of delta-8 THC is a bit of a gray area. The compound is derived from hemp, which has naturally low levels of delta-9 THC. As a result, delta-8 is legal federally. However, many states have begun regulating, if not outright banning, the cannabinoid. There are many states where delta-8 is legal but it is still important to check the laws in your specific state before consuming delta-8. This blog post will guide you on whether or not you can purchase delta-8 where you live. 

What Is delta-8?

Delta-8 is a form of cannabinoid found in the cannabis plant that can be processed into pill form or vaporized for consumption. Unlike delta-9 THC, the more well-known and psychoactive ingredient in marijuana, delta-8 is believed to cause less psychological euphoria and paralysis. As a result, some people view delta-8 as a safer alternative to other forms of cannabinoids. Delta-8 is currently legal in most states; however, it is important to check the laws in your specific state before purchasing or consuming this drug.

Is Delta 8 Legal?

Delta-8 is only about half as potent as delta-9 and is found in small amounts in hemp plants. The process to make delta-8 typically involves extracting the cannabinoid from a hemp plant. At the federal level, delta-8 is legal because it is derived from the hemp plant. However, delta-8 is not legal in all states, as you'll see in our list. Some states have legalized delta-8 for medical use only, while other states have banned it completely or placed restrictions on its usage. If you live in one of these states, then you should avoid possession of delta-8.

States Where Delta 8 Is Legal

While delta-8 is currently federally legal, individual states have the authority to create regulations regarding cannabinoids. As a result, delta-8 legality can vary from state to state. Currently, there are a handful of states where delta-8 is considered legal and you can purchase and possess products without much recourse from state-level authorities:


  • Alabama
  • California
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Missouri
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
  • Washington, D.C.

However, it's important to note that some of these states only allow delta-8 products that have been sourced from hemp plants and contain less than 0.03% THC. As delta-8 legality is subject to change, it's best to check with your state's regulations before purchasing any products.

States Where Delta 8 Is Regulated

Some states have begun regulation of delta-8. While the federal government maintains a strict stance on cannabis products, including this derivative form of hemp-based product, select locations across America are now counting it among recreational substances that they legislate around carefully. 

  • Connecticut
  • Michigan
  • Nevada

States Where Delta 8 Falls Inside A Legal Gray Area

While most states in the US have clearly defined laws surrounding delta-8 legality by state, there are a few that remain silent about it. These 'legal gray area' states lack any definitive information about whether or not this variant of THC is legal - leaving consumers and retailers alike uncertain as to their rights and obligations.

  • Mississippi
  • Nebraska
  • Kentucky

States Where Delta 8 Is Illegal

With so much buzz around hemp-derived delta-8, it's important to keep in mind that several states have made this cannabinoid strictly prohibited and are now banning it completely. Currently, this form of cannabis is illegal in their states' jurisdictions.

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Louisiana
  • Montana
  • New York
  • North Dakota
  • Rhode Island
  • Vermont
  • Utah

Shop Delta 8 Products Online

Are you looking for a safe and reliable online source for delta-8 products? Then look no further than Cannaporium. We are one of the leading online retailers of delta-8 products who work with the most reputable brands in the industry and we are committed to offering our customers the highest quality products at the best prices.

At Cannaporium, we offer a wide range of delta-8 products from delta-8 flowers to edibles that can be purchased online. These products are formulated with high-quality ingredients and are backed by top brands, so you can be sure you're getting the best quality product available.  Shop now and experience the power of delta-8.