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Map of Delta-8 THC Legality: Where delta-8 THC is legal in the U.S.A?

John Carter

Written by: John Carter

Updated on May 25, 2024

Map of Delta-8 THC Legality Where delta-8 THC is legal in the U.S.A

Where delta-8 THC is legal in the United States?

Following the accidental legalization of psychoactive hemp-derived cannabinoids by the 2018 Farm Bill, enterprising hemp businesses quickly capitalized on this oversight, generating a significant market for these substances. However, this burgeoning market may face challenges if Congress decides to amend the loopholes that currently benefit hemp-derived cannabinoid enterprises in the upcoming revision of the U.S. Farm Bill.

To provide a clearer understanding of the varying legal statuses of Delta 8 THC across the United States, the following detailed breakdown categorizes each state based on specific regulatory frameworks. The below overview will help elucidate the complex and diverse legal landscape surrounding Delta 8 THC:

  • Prohibited: In these states, explicit laws or regulations outright ban the sale and use of intoxicating hemp-derived products, such as Delta 8 THC. This means that all forms of these products are illegal to sell, possess, or use.
  • Prohibited outside marijuana channels: These states allow Delta 8 THC to be legally sold within their regulated marijuana markets. This means that only licensed marijuana dispensaries are permitted to sell these products, while unlicensed businesses are prohibited from doing so.
  • Regulated: States in this category have established specific regulations that oversee hemp-derived and synthesized THC products. These regulations typically include restrictions on the types of products, dosages, and how they are sold and marketed, usually to adults aged 21 and over.
  • Unregulated; ban unclear: In these states, while there may not be a direct prohibition against Delta 8 THC under state law, other government entities or local authorities have issued declarations or regulations stating that such products are illegal. This creates legal uncertainty, making it difficult for the public to understand the legal status of these products.

The following table provides a comprehensive overview of the legal status of Delta 8 THC across various states in the United States. Each state is categorized based on its specific regulatory approach to handling intoxicating hemp-derived products, offering a snapshot of the current regulatory environment.

State Status of Delta 8 THC
Alabama Unregulated
Alaska Prohibited
Arizona Prohibited Outside Cannabis Channels
Arkansas Unregulated
California Prohibited Outside Cannabis Channels
Colorado Prohibited
Connecticut Prohibited Outside Cannabis Channels
Delaware Prohibited
Florida Unregulated
Georgia Unregulated
Hawaii Unregulated, Ban Unclear/Unenforced
Idaho Prohibited
Illinois Unregulated, Ban Unclear/Unenforced
Indiana Unregulated
Iowa Regulated
Kansas Unregulated, Ban Unclear/Unenforced
Kentucky Regulated
Louisiana Regulated
Maine Unregulated
Maryland Prohibited Outside Cannabis Channels
Massachusetts Unregulated, Ban Unclear/Unenforced
Michigan Prohibited Outside Cannabis Channels
Minnesota Regulated
Mississippi Unregulated, Ban Unclear/Unenforced
Missouri Unregulated
Montana Prohibited
Nebraska Unregulated
Nevada Prohibited Outside Cannabis Channels
New Hampshire Regulated
New Jersey Unregulated
New Mexico Unregulated
New York Prohibited
North Carolina Unregulated
North Dakota Prohibited
Ohio Regulated
Oklahoma Unregulated
Oregon Prohibited
Pennsylvania Unregulated, Ban Unclear/Unenforced
Rhode Island Prohibited
South Carolina Unregulated, Ban Unclear/Unenforced
South Dakota Regulated
Tennessee Regulated
Texas Unregulated
Utah Prohibited Outside Cannabis Channels
Vermont Prohibited
Virginia Regulated
Washington Prohibited
West Virginia Unregulated
Wisconsin Unregulated
Wyoming Unregulated
John Carter
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