Last updated: May 17, 2023
We’ll be updating this post and maps over time as hemp laws continue to change.
Delta 8 Legal Status

This article should not be used as a substitute for looking up your state’s current laws surrounding hemp products. These laws are changing rapidly and we may not always have the most current information.
Delta 8 Legal States 2023
What Is Delta-8 THC?
During the past few years, many people have become interested in THC. As it has become more accepted across the country, much research has been done on different types of THC. Some people are interested in a specific type of THC called delta-8 THC. While no products using this specific type of THC have been investigated by the FDA, many people are still interested in it. It can lead to some interesting psychoactive effects and is a popular way for people to get high using marijuana. Is it legal in the United States?
What States Have Legalized Delta 8 THC?
On the federal level, delta-8 THC is legal. The 2018 Farm Bill makes all hemp and hemp compounds legal. Still, some people believe that Delta-8 is a controlled substance. Fifteen states have explicitly banned its use. These states are Alaska, Colorado, Delaware, Idaho, Iowa, Minnesota, Montana, Nevada, New York, North Dakota, Oregon, Rhode Island, South Carolina, Utah, and Vermont.
Additionally, delta-8 THC is regulated in California, Connecticut, Louisiana, Maryland, Michigan, South Dakota, and Washington.
If you are not located in one of these states, you need to look at your local regulations to see what is allowed in what is not. Some states have not explicitly made this specific type of THC illegal, but there are also situations where the law can be interpreted differently. If you have questions, you should reach out to a local representative.
Can You Transport Delta-8 THC Across State Lines?
The federal law does not have a regulation on the books that has made Delta 8 THC illegal. Therefore, even though the United States has not made it legal, you should not get in trouble transporting it across state lines. Remember that it can be very difficult to predict what else is in a compound, even if it has delta-8 THC. You need to understand what other compounds might be included in your product because you don’t want to run the risk of transporting something illegal without knowing it. Always look at the product carefully before deciding what to use.
Is Delta-8 THC Safe?
It is difficult to say whether this product is
The laws are changing quickly, so it is important for people to take a look at local regulations to see what is allowed.
State | Delta 8 Legal Status |
---|---|
Alabama | Yes |
Alaska | No |
Arizona | No |
Arkansas | Yes |
California | Yes |
Colorado | No |
Connecticut | No |
Delaware | No |
Florida | Yes |
Georgia | Yes |
Hawaii | Yes |
Idaho | No |
Illinois | Yes |
Indiana | Yes |
Iowa | No |
Kansas | Yes |
Kentucky | Yes |
Louisiana | Yes but inhalable products are banned |
Maine | Yes |
Maryland | Yes |
Massachusetts | Yes |
Michigan | No |
Minnesota | No |
Mississippi | Yes |
Missouri | Yes |
Montana | No |
Nebraska | Yes |
Nevada | No |
New Hampshire | Yes |
New Jersey | Yes |
New Mexico | Yes |
New York | No |
North Carolina | Yes |
North Dakota | No |
Ohio | Yes |
Oklahoma | Yes |
Oregon | No |
Pennsylvania | Yes |
Rhode Island | No |
South Carolina | Yes |
South Dakota | Yes |
Tennessee | Yes |
Texas | Yes |
Utah | No |
Vermont | No |
Virginia | Yes |
Washington | Yes |
West Virginia | Yes |
Wisconsin | Yes |
Wyoming | Yes |
The laws are changing quickly, so it is important for people to take a look at local regulations to see what is allowed.
CBD Legal Status

CBD Legal States 2023
Is CBD Legal in the U.S.?
Is CBD Legal in my State?
Marijuana legality varies by state, as does CBD legality. There are 17 states called that legalized both medicinal and recreational use of marijuana as long as you meet the minimum age requirement: Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New York, Oregon, Vermont, Virginia, and Washington. It is also legal in the District of Columbia.
In addition to these states, several other states have legalized medical marijuana: Arkansas, Delaware, Florida, Hawaii, Kansas, Louisiana, Maryland, Minnesota, Mississippi, Missouri, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Texas, Utah, and West Virginia.
The following states have legalized CBD, some only for specific medical purposes: Alabama, Georgia, Idaho, Indiana, Iowa, Kentucky, South Carolina, Tennessee, Wisconsin, and Wyoming.
Some of these states only allow CBD below certain THC levels. CBD and CBD products in Idaho are legal only if they contain zero THC and are derived from the mature stalks of the plant. In Tennessee, possession of CBD products is legal if they contain less than 0.6% THC. In Alabama, the maximum THC level is 0.3%.
State | CBD Legal Status | CBD Legal Notes |
---|---|---|
Alabama | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
Alaska | Fully legal | |
Arizona | Fully legal | |
Arkansas | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
California | Fully legal | Hemp-derived CBD edibles are not legal in the state |
Colorado | Fully legal | |
Connecticut | Fully legal | |
Delaware | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
District of Columbia | Fully legal | |
Florida | Conditionally legal | Hemp-derived CBD oil only |
Georgia | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD |
Hawaii | Conditionally legal | Hemp-derived CBD oil only |
Idaho | Conditionally legal | All varieties legal so long as there is no traceable THC content |
Illinois | Fully legal | |
Indiana | Conditionally legal | All varieties legal so long as they do not exceed 0.3% THC |
Iowa | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive |
Kansas | Conditionally legal | All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions |
Kentucky | Conditionally legal | Hemp-derived CBD oil only |
Louisiana | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Maine | Fully legal | |
Maryland | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Massachusetts | Fully legal | Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license |
Michigan | Fully legal | |
Minnesota | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Mississippi | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC |
Missouri | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions |
Montana | Fully legal | |
Nebraska | Conditionally legal | Hemp-derived CBD oil only; cannabis is illegal even for medical purposes |
Nevada | Fully legal | |
New Hampshire | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
New Jersey | Fully legal | |
New Mexico | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
New York | Fully legal | |
North Carolina | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license; however |
North Dakota | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Ohio | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Oklahoma | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license—no qualifying conditions |
Oregon | Fully legal | |
Pennsylvania | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
Rhode Island | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
South Carolina | Conditionally legal | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
South Dakota | Conditionally legal | Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court |
Tennessee | Conditionally legal | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
Texas | Conditionally legal | Low-THC (up to 1%) CBD oil available for patients with qualifying conditions |
Utah | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Vermont | Fully legal | |
Virginia | Fully legal | |
Washington | Fully legal | |
West Virginia | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Wisconsin | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Wyoming | Conditionally legal | Hemp-derived CBD oil only |
HHC Legal Status

HHC Legal States 2023
What Is HHC?
As the hemp wave continues to grow, many people want to expand their horizons. One of the most popular ways to do so is to try
Is HHC Going To Be Banned?
Right now, it is hard to tell if HHC will be banned. It is important to note that HHC is not a THC compound. It has an extra H molecule, so the evidence for HHC is anecdotal. Given that it is very different when compared to THC, it is unlikely that the product will be banned, but it is difficult to predict what the future holds. Right now, it is important for people to keep an eye on the local laws. Just because Delta 8 is getting banned doesn’t mean that HHC will follow suit.
Does HHC Get You High?
Just like THC, it is possible for HHC to get you high as well; however, it is difficult to predict what will happen. While HHC and THC can get you high, it is possible for people to have very different experiences with HHC versus THC. Some people might feel the high is more pronounced when they use HHC, and others feel the high is not nearly as significant as HHC. If you are trying something new for the first time, you must start low and slow. Do not increase the dose until you know how HHC will impact you.
Is HHC Legal?
It can be difficult to tell where HHC is legal, but a good rule of thumb is that if THC is legal in a certain area, then HHC is also legal. You need to contact the state government for clarification if you have questions about anything.
The states where HHC is legal are Alabama, California, Connecticut, Florida, Georgia, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Virginia, and West Virginia. It is also most likely legal in Kansas, Missouri, New Hampshire, Texas, Wisconsin, and Wyoming, although this is not explicitly stated.
HHC is illegal in Arizona, Arkansas, Idaho, Illinois, Iowa, Mississippi, Nevada, New York, Utah, and Washington. While it is not explicitly stated, it is most likely illegal in Alaska, Colorado, Delaware, Hawaii, Kentucky, Rhode Island, and Vermont. The laws are changing quickly, so it is important for people to take a look at local regulations to see what is allowed. It is possible that these laws can change in the future, so stay up to date.
State | HHC Legality | Comments |
---|---|---|
Alabama | Legal | must contain less than 0.3% delta-9 THC |
Alaska | Likely Illegal | |
Arizona | Illegal | |
Arkansas | Illegal | |
California | Legal | must contain less than 0.3% delta-9 THC |
Colorado | Likely Illegal | |
Connecticut | Legal | must contain less than 0.3% delta-9 THC |
Delaware | Likely Illegal | |
District of Columbia | ||
Florida | Legal | must contain less than 0.3% delta-9 THC |
Georgia | Legal | cannot be made of synthetic cannabanoids |
Hawaii | Likely Illegal | |
Idaho | Illegal | |
Illinois | Illegal | |
Indiana | Legal | |
Iowa | Illegal | |
Kansas | Likely Legal | |
Kentucky | Likely Illegal | |
Louisiana | Legal | must contain less than 0.3% delta-9 THC |
Maine | Legal | must contain less than 0.3% delta-9 THC |
Maryland | Legal | must contain less than 0.3% delta-9 THC |
Massachusetts | Legal | |
Michigan | Legal | |
Minnesota | Legal | must contain less than 0.3% delta-9 THC |
Mississippi | Illegal | |
Missouri | Likely Legal | must contain less than 0.3% delta-9 THC |
Montana | Illegal | |
Nebraska | Legal | |
Nevada | Illegal | |
New Hampshire | Likely Legal | |
New Jersey | Legal | must contain less than 0.3% delta-9 THC |
New Mexico | Legal | |
New York | Illegal | |
North Carolina | Legal | |
North Dakota | Legal | must contain less than 0.3% delta-9 THC |
Ohio | Legal | |
Oklahoma | Legal | |
Oregon | Legal | |
Pennsylvania | Legal | |
Rhode Island | Likely Illegal | |
South Carolina | Legal | must contain less than 0.3% delta-9 THC |
South Dakota | Legal | |
Tennessee | Legal | must contain less than 0.3% delta-9 THC |
Texas | Likely Legal | |
Utah | Illegal | |
Vermont | Likely Illegal | |
Virginia | Legal | |
Washington | Illegal | |
West Virginia | Legal | must contain less than 0.3% delta-9 THC |
Wisconsin | Likely Legal | must contain less than 0.3% delta-9 THC |
Wyoming | Likely Legal | must contain less than 0.3% delta-9 THC |