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 |
