We’ll be updating this post and map over time as delta-8 laws continue to change.
Delta 8 State Legality Overview
Delta-8 THC and its derivatives remain legal on the federal level, however that could change if the Hemp Advancement Act is passed. Individual states have their own laws that fall into one of four categories:
- Completely legal
- Regulated (only available from licensed retail cannabis stores)
- Unclear/legal gray area
Delta-8 is currently legal in 32 states\districts: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, Wyoming, and in Washington D.C.
In two other states, delta-8 is regulated the same way as recreational cannabis: Connecticut and Michigan.
Meanwhile, delta-8’s legality is unclear in 3 states: Arizona, California, and Mississippi.
Finally, Delta-8 THC is illegal in 13 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.