In the wake of the 2018 Farm Bill, the legal status of Delta 8 THC has been a source of debate and confusion in many states. With so much uncertainty around this popular cannabinoid, it can be difficult to know what products are allowed and where. To make things simpler for you, we have created this state-by-state guide that outlines the legal status of D8 Super Store in each US state. We’ll discuss federal law, state law, as well as recent changes that could affect Delta 8 users. So let’s get started!
What is Delta 8 THC?
Delta 8 THC is a cannabinoid that occurs naturally in the hemp plant. Unlike its close relative Delta 9 THC, it is not psychoactive and does not produce the “high” associated with marijuana use. However, it does have some of the same medical benefits as Delta 9, including relief from pain, anxiety, and nausea.
While Delta 8 THC is found in small amounts in the hemp plant, it can also be produced synthetically in a laboratory. This synthetic form of Delta 8 is what is known as “legal CBD.” It is legal in all 50 states and does not require a prescription from a doctor.
The legality of Delta 8 THC varies from state to state. In some states, it is completely legal to purchase and consume Delta 8 products. In other states, there may be restrictions on how much Delta 8 THC can be present in a product before it becomes illegal.
The Different Types of Delta 8 THC Products
Delta 8 THC is available in a variety of products, including tinctures, edibles, vapes, and topicals. Each product has its own unique effects and benefits.
Tinctures are one of the most popular forms of Delta 8 THC. They are typically taken sublingually (under the tongue) and offer quick relief from anxiety and pain. Tinctures are also easy to dose, so you can start with a small amount and increase as needed.
Edibles are another popular form of Delta 8 THC. They are typically taken orally and offer long-lasting relief from anxiety and pain. Edibles are also easy to dose, so you can start with a small amount and increase as needed.
Vapes are another popular form of Delta 8 THC. Vaping Delta 8 THC offers quick relief from anxiety and pain. Vaping is also a great way to get your daily dose of Delta 8 THC without having to smoke it.
Topicals are another popular form of Delta 8 THC. Topicals are applied directly to the skin and offer long-lasting relief from pain and inflammation. Topicals are also great for targeting specific areas of the body for relief.
The Legal Status of Delta 8 THC in the United States
As of 2021, Delta 8 THC is legal in the United States at the federal level. However, each state has its own laws regarding cannabis and Delta 8 THC. Some states have legalized Delta 8 THC, while others have not.
Delta 8 THC is a cannabinoid found in hemp plants. It is similar to Delta 9 THC, the main psychoactive cannabinoid in marijuana. However, Delta 8 THC is less potent than Delta 9 THC and produces different effects. Some people report feeling more relaxed and clear headed after using Delta 8 THC.
federally legal, meaning it’s not explicitly listed under the Controlled Substances Act (CSA). The 2018 Farm Bill removed all forms of cannabis from the CSA, including hemp-derived cannabinoids like CBD and Delta 8 THC. This change took effect on December 20th, 2018.
So, whileDelta 8THC is federally legal, individual states can choose to ban or regulate it as they see fit. As of April 2021, here’s the legal status of Delta 8 THC in each US state:
States with Legal Delta 8 THC
As of May 2021, the following states have legalized Delta 8 THC: Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada (only for medical patients), New Hampshire (only for medical patients), New Jersey (only for medical patients), New Mexico (only for medical patients), North Carolina (only for medical patients), North Dakota (only for medical patients), Ohio (only for medical patients), Oklahoma (only for medical patients), Oregon (for anyone 21 and older), Pennsylvania (for anyone 21 and older), Rhode Island (for anyone 21 and older), South Carolina (for anyone 21 and older), South Dakota (for anyone 21 and older), Tennessee (for anyone 21 and older), Texas (for any use by people with a valid doctor’s prescription only ), Utah , Vermont , Virginia , Washington , West Virginia , Wisconsin , and Wyoming . Some of these states have specific laws or regulations surrounding Delta 8 THC that consumers should be aware of before purchase or consumption.
States with Illegal or Unclear Delta 8 THC Laws
There are several states in the US where the legal status of Delta 8 THC is unclear or illegal. This includes Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York North Carolina , Oklahoma , Oregon , Pennsylvania , Rhode Island , South Carolina , South Dakota , Tennessee , Texas , Utah , Vermont , Virginia Washington and Wisconsin .
The reason for the confusion around Delta 8 THC’s legal status is that it is a cannabinoid found in hemp plants. Hemp was federally legalized with the 2018 Farm Bill but there are still some states that have not updated their laws to reflect this change. Additionally,…
The Future of Delta 8 THC
The legal status of Delta 8 THC is still very much in flux. While the federal government has not yet taken any concrete steps to regulate this cannabinoid, some states have begun to do so. In 2018, Colorado became the first state to regulate Delta 8 THC, classifying it as a Schedule I controlled substance. This means that Delta 8 THC is illegal to sell, possess, or use in Colorado.
Since then, a handful of other states have followed suit and passed their own laws regulating Delta 8 THC. As of 2021, the states of Alaska, Arizona, Delaware, Florida, Georgia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Oregon , Rhode Island , Vermont , and Washington all consider Delta 8 THC to be a controlled substance.
This means that it is currently illegal to sell or possess Delta 8 THC in these states. However, the laws in each state vary somewhat and there are some gray areas. For example, in Vermont , it is legal to possess up to one gram of Delta 8 THC for personal use but it is illegal to sell it. In Oregon , possession of any amount of Delta 8 THC is a felony offense.
It’s important to keep up with the changing laws surrounding Delta 8 THC as they can vary greatly from state to state. If you are caught selling or possessingDelta 8 THC in a state where it is illegal , you could face serious penalties
Conclusion
The legality of Delta 8 THC is constantly changing, and it’s important for consumers to stay informed about their state laws. Hopefully, this guide has provided you with the information necessary to understand the legal status of Delta 8 in your own state. As legislation continues to evolve and states update their regulations, make sure to stay up-to-date on any new developments so that you can make an informed decision regarding whether or not Delta 8 products are allowed in your state.
