Delta 8 Law State by State

A State-by-State Guide to Delta-8 Legality in the United States

Delta-8 is revolutionizing the way we consume cannabis, promising all the therapeutic benefits of botanicals without the intense head and body highs associated with THC. Even better, the cannabinoid is derived from cannabis sativa L (hemp) plants with THC content of 0.3 percent or less. This makes it completely legal in states where its Delta-9 counterpart is a controlled substance.

That said, the Delta-8 is a derivative of the cannabis plant. This means the rules surrounding the cannabinoid can be foggy. There’s definitely some variation between states, which we cover below. Whether you’re all about skyscrapers and subway stations, canyons and cacti or mountains and maples, we’ve got you covered.

Is Delta-8 legal in the United States?

Before we get started let’s be frank. Is Delta-8 legal in the United States? Short answer is YES. Under the 2018 Farm Bill which legalizes hemp cultivation, Delta 8 THC is federally legal.

The cannabinoid is derived from cannabis sativa L (hemp) plants containing less than 0.3 percent THC. Not only does this make it a federally legal substance, but it also makes for an uplifting yet clear-headed high.

So what about in your state? From east to west and everywhere in between, read on for our state-by-state guide on Delta-8 legality in the United States.


Alabama state law doesn’t frown upon Delta 8 THC and has legalized all cannabinoids, isomers and derivatives of hemp. This includes all tetrahydrocannabinols, with the exception of Delta 9 THC.


Unfortunately, state laws deem Delta 8 THC an illegal substance in Alaska.


Bad news for all you Grand Canyon State dwellers, Delta 8 THC is not legal in Arizona.


Arkansas follows suit with other southern states and has yet to legalize Delta-8 THC.  


It’s no surprise Delta-8 is legal in liberal-minded California.


It’s only fitting Delta 8 THC is legal in the Mile High State.


Cheers to Connecticut, where state law has legalized all hemp-derived products, including Delta-8 THC.


Delaware is another state where Delta-8 hasn’t been officially legalized.


Yes, Delta-8 is legalized in the Sunshine State.


Good news if you live in the Peach State, Delta-8 TCH is legal under state laws.


Gorgeous beaches, epic banana bread and legal Delta-8 TCH are just some of the things to love about Hawaii.


You won’t find legal Delta-8 TCH in Idaho as it’s illegal under state law.


From Chicago to Belleville, Delta 8 THC is legal under Illinois state law.


Like federal law, Delta-8 is classed as a legal substance under Indiana state law.


Want to enjoy Delta-8 in Des Moines? No problem, it’s legal in Iowa.


Legalized Delta-8 THC is just one of many things to love about the Sunflower State.


You won’t land yourself in hot water if you enjoy Delta-8 in Kentucky as it’s legal and approved under state law.


With the exception of Delta 9 THC, Louisiana has legalized all cannabinoids, isomers and tetrahydrocannabinols derived from hemp.


The Pine Tree State is no stranger to Delta-8 THC, with the cannabinoid legalized under local law.


State laws mean you’re free to enjoy Delta-8 THC in Maryland.


Massachusetts has followed the suit of federal lawmakers and legalized Delta-8 THC.


The laws surrounding Delta 8 THC in Michigan are a little hazy, with the hemp law approving the substance but the controlled substances policy categorizing it as illegal.


Delta-8 is legal in Minnesota, meaning you can enjoy the cannabinoid in Minneapolis, Saint Paul, Duluth and beyond.


Delta-8 is not legalized in Mississippi, which comes as no surprise as the state has always been a little conservative in terms of its attitudes towards botanicals.


Thanks to liberal-minded state laws, you’re free to enjoy Delta-8 in Missouri.


You can’t get high on Delta-8 THC in Big Sky Country as its an illegal substance under state law.


Like Michigan, Delta-8 legality is a bit of a grey area in Nebraska as the Hemp Farming Act contradicts the Chapter 28 Uniform Controlled Substances Act Section.


From Vegas to Reno, Delta 8 is a legalized substance in Nevada.

New Hampshire

As a naturally derived hemp product, Delta-8 THC is legal in New Hampshire.

New Jersey

Good news if you’re from the Garden State – D8 is legal and readily available.

New Mexico

Nicknamed the Land of Enchantment, it’s fitting New Mexico has legalized Delta-8.  

New York

You’re free to enjoy Delta-8 in the Big Apple, with the state legalizing all hemp-derived products.

North Carolina

Alongside gorgeous beaches and forests, North Carolina has legalized Delta-8.

North Dakota

Under state law Delta-8 THC is legal in North Dakota.


Ohio is one of several Midwest states that’s legalized Delta 8 THC.


Yes, Delta-8 THC is legalized in Oklahoma under state law.


An early pioneer of legal cannabis, Delta-8 THC is 100% above board in Oregon.


There’s plenty of D8 to enjoy in Pennsylvania, where the product is legalized under state law.

Rhode Island

The Ocean State hasn’t legalized hemp-derived Delta 8 THC, though we’re hoping change is on the horizon.

South Carolina

State law has legalized Delta 8 THC in South Carolina.

South Dakota

Yes, Delta 8 is a legal substance in South Dakota.


From Nashville to Memphis, you’re free to enjoy legalized Delta 8 in Tennessee.


The Lone Star State is another state that’s legalized Delta 8 THC.


State laws continue to class Delta 8 THC as an illegal substance.


State laws have legalized D8 in Vermont. 


Yes, Delta 8 is a legal substance in Virginia.


Like Oregon, Washington is another marijuana advocate and has legalized hemp-derived Delta 8 THC.

West Virginia

Delta-8 THC is legal in West Virginia.


Alongside Ohio, Wisconsin is another Midwest state that’s legalized Delta 8.


Yes, Delta-8 THC is legalized under state law in Wyoming.

So, there you have it. A complete guide to what US states Delta-8 THC is legalized in. Have any questions regarding legality in your state? We’re always happy to help, so feel free to reach out using our contact form and we’ll get back to you, and hopefully send off some goodies, as soon as possible. 


May 5, 2021