Last updated: January 17, 2023
We’ll be updating this post and maps over time as hemp laws continue to change.
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.
Which states have regulated, restricted, or banned delta-8?
Currently, 21 U.S. states have restricted or banned delta-8 THC and a further four states are currently reviewing its legal status.
The 20 U.S. states that have regulated, restricted, or banned delta-8:
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Idaho
- Iowa
- Michigan
- Minnesota
- Mississippi
- Montana
- New York
- Nevada
- North Dakota
- Oregon
- Rhode Island
- Utah
- Vermont
- Washington
Live update: Where is delta-8 legal?
Here you can find the latest on whether delta-8 THC is available and legal in your state. We work around the clock to provide you with the latest developments on the statewide legality of delta-8 and its products.
Delta-8 is available in 29 states + 1 district:
- Alabama
- Arkansas
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Missouri
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- Tennessee
- Texas
- Virginia
- Washington
- Washington DC
- West Virginia
- Wisconsin
- Wyoming
Where Is THC-O Considered Legal?
Right now, THC-O is considered legal in the vast majority of the United States. It is considered to be a derivative of the 2018 Farm Bill, so THC-O is legal except in places where THC is banned. On the other hand, that means that if a state has legalized THC, then THC-O is also legal.

As of this writing, you can legally buy hemp-derived THC-O products in:
- Alabama
- California
- Connecticut
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
THC-O is most likely illegal in these states:
- Alaska
- Arizona
- Arkansas
- Colorado
- Delaware
- Idaho
- Iowa
- Mississippi
- Montana
- Rhode Island
- Utah
- Vermont
The laws are changing quickly, so it is important for people to take a look at local regulations to see what is allowed.
Where Is CBD Considered Legal?

As of this writing, you can legally buy hemp-derived
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
CBD is most likely illegal in these states:
- Idaho
- South Dakota
- Nebraska
The laws are changing quickly, so it is important for people to take a look at local regulations to see what is allowed.
States where you can legally buy hemp derived Delta 9 products

Hemp-derived delta 9 THC products are legal in 42 states. You can also buy them in Puerto Rico and Washington, D.C.
These states follow the Farm Bill to the letter when it comes to hemp delta 9 products and don’t plan on introducing any changes.
This means that as long as the levels of delta 9 don’t exceed 0.3% by dry weight, such products are legal to produce, sell, buy, possess, and consume.
However, some states have introduced certain modifications regarding specific cannabinoid-based products, such as delta 8 THC, and other states may follow soon, including the legality of delta 9.
As of this writing, you can legally buy hemp-derived delta 9 THC products in:
- Alabama
- Alaska
- Arizona
- Arkansas
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wisconsin
- Wyoming
- Washington D.C.
States That Restricted the Use of Hemp Delta 9 THC
California is the only state that placed specific restrictions on hemp delta 9, with several others using the 0.3% threshold for other forms of THC. The restrictions require hemp companies to test all THCs to make sure none of them exceeds the said limit. Companies are also obliged to list restrictions on the packaging.
States That Banned Converted Cannabinoids (Most Hemp Delta 9 Is Illegal There)
While only a few states have explicitly addressed hemp delta 9 THC in their cannabis regulations (besides regurgitating the limits created by the Farm Bill), the push to regulate delta 8 in many states caused some collateral damage.
The most common way to make delta 8 THC from hemp is to convert CBD into delta 8 chemically, and some states have decided to prohibit this process instead of delta 8 specifically.
However, as it turns out, hemp delta 9 products use strikingly similar conversions that are also banned by laws like this.
The states that ban the conversion of CBD into THC isomers are:
- Colorado
- North Dakota
- Washington
States Where Hemp Delta 9 Is Illegal
So far, only Idaho has banned hemp-derived delta 9 THC. The state authorities refer to the Uniform Controlled Substances Act to clarify the legal status of hemp-derived products.
According to this law, hemp extracts can’t contain any levels of THC or its analogs, including delta 8, delta 9, delta-10,
States Where Hemp-Derived Delta 9 Is in a Gray Area
Some states haven’t yet looked into the legal status of hemp delta 9 THC. Others are in the process of making changes to limit the availability of such products, similarly to how delta 8 was restricted. For example, in Vermont, hemp delta 9 products can be legal and illegal depending on how legal bodies interpret the definition of “synthetic cannabinoids.”
In these states, hemp-derived delta 9 is in a gray area:
- Kentucky
- Pennsylvania
- Vermont
States you can legally buy hemp derived HHC products

As of this writing, you can legally buy hemp-derived HHC products in:
- Alabama
- California
- Connecticut
- Florida
- Georgia
- Indiana
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Virginia
- West Virginia
- Wisconsin
- Wyoming
States where you can legally buy THCP products

Federally, THCP is legal as long as it comes from hemp.
But this would make life too easy for cannabis users, so the actual legal status of THCP is in limbo.
Although federally legal, THCP can be subject to different regulations in individual states.
So far, THCP isn’t mentioned on any state bill, but you can assume it’s illegal in states that have banned all forms of THC.
As of this writing, you can legally buy hemp-derived THCP products in:
- Alabama
- California
- Connecticut
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Washington
- West Virginia
- Wisconsin
- Wyoming
THCP is most likely illegal in these states:
- Alaska
- Arizona
- Arkansas
- Colorado
- Delaware
- Idaho
- Iowa
- Mississippi
- Montana
- New York
- Rhode Island
- Utah
- Vermont
- Virginia
Interestingly, some of the above states have legalized the recreational use of marijuana, but they don’t want to dive too deep because THCP and other isomers of delta 9 THC aren’t as well researched as the original compound.
Always check with your local state laws before buying THCP online.