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Where is Delta 8 THC Legal?

Discover where Delta 8 THC is legal in the United States and learn about the laws and regulations regarding this cannabinoid.

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The short answer is that Delta 8 THC is legal in most states, but there are some exceptions. Delta 8 THC is a cannabinoid found in the hemp plant, and it is similar to THC (tetrahydrocannabinol), the main psychoactive compound in marijuana. However, Delta 8 THC is only about one-tenth as potent as THC, so it produces a much milder high.


Federal Law


Delta 8 THC is legal at the federal level in the United States. However, it is important to note that it is still technically a controlled substance under the Controlled Substances Act. This means that it is illegal to possess, manufacture, or distribute delta 8 THC without a license from the Drug Enforcement Administration (DEA). Delta 8 THC is also not currently approved by the Food and Drug Administration (FDA) for any medical or therapeutic uses.


State Law


The legal status of Delta 8 THC is ever-changing. Although it is Federally legal, many states have their own laws regarding this cannabinoid. Some states have banned Delta 8 THC, while others have no restrictions. Be sure to check your state’s laws before buying or consuming any Delta 8 products.

Alabama – Delta 8 is legal
Alaska – Delta 8 is legal
Arizona – Delta 8 is legal
Arkansas – Delta 8 is not legal
California – Delta 8 is legal
Colorado – Delta 8 is legal
Connecticut – Delta 8 is not legal
Delaware – Delta 8 is not legal
Florida – Delta 8 is not legal
Georgia – Delta 8 is not legal

Local Law


Before discussing the legal landscape of Delta 8 THC, it is important to note that this cannabinoid is found in hemp plants. As such, it is federally legal according to the 2018 Farm Bill. However, it is still up to each state to determine whether or not they will allow the cultivation, sale, and use of hemp-derived products, including Delta 8 THC.

Currently, there are only a handful of states that have expressly banned Delta 8 THC. These states are Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Nebraska and Utah. In most other states, Delta 8 THC is legal as long as it is derived from hemp plants and contains less than 0.3% Delta 9 THC.

It is important to check your local laws and regulations before purchasing or consuming any Delta 8 THC products.




At this time, it is difficult to say where Delta 8 THC is legal with any certainty. The legality of Delta 8 THC is currently in a gray area, and the issue has not yet been addressed by the federal government. In addition, state laws regarding cannabis are in flux, and it is unclear how they would apply to Delta 8 THC. As a result, it is important to research the laws in your state before purchasing or using Delta 8 THC.