Delta-8 THC Legality Status In All 50 States!

This page summarizes the legality status of Delta-8 THC in all 50 states. We are not legal experts, this page is done purely via research online, and we reserve the right to be WRONG and LATE. We will attempt to update this page as much as possible when we hear of new legislation, but laws sometimes update quickly and quietly.

Delta-8 THC is federally legal and, with this status, has grown in popularity quite rapidly. This growth is no surprise; delta-8 offers what its outlawed cousin, delta-9, does in terms of a relaxing and calming high, minus the drawbacks such as paranoia, intensity, and illegality.

Even with federally legal status, individual states have the right to ban delta-8. Below is a breakdown of state by state offering the most up-to-date legality status for delta-8 THC products.

Click the state below to jump to it's status.

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming 

 

 

 

 

 

Alabama 

Delta-8 THC is currently legal in Alabama. As of 2021, an amendment was lifted that previously banned delta-8.

Check out: Alabama Code 2-8-381

Buy Delta-8 THC Products Shippable To Alabama Here!

 

 

 

 

Alaska

Delta-8 THC is currently illegal in Alaska. Although ironically, medical and recreational marijuana use is legal for those over 21, other tetrahydrocannabinol classifications and, more importantly, their isomers are classified as Schedule IIA substances and, therefore, illegal.

If you live in Alaska and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

Arizona

Delta-8 THC is currently illegal in Arizona; you cannot use, possess, sell, purchase, distribute or manufacture delta-8 products.

If you live in Arizona and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

Arkansas

Delta-8 THC is legal in Arkansas, and we ship all of our products to the state. An updated house bill in March of 2021 removed the restriction for delta-8 THC in Arkansas, making it legal to sell, consume and produce.

Check out: Arkansas House Bill 1640

Buy Delta-8 THC Products Shippable To Arkansas Here!

 

 

 

 

 

California 

Yes, delta-8 THC is legal in California. This isn't much of a surprise as California began the revolution for legalizing marijuana both medicinally and recreationally. As a result, we ship all our delta-8 THC gummies and edibles to California.

Check out: California Industrial Hemp Law & Regulations

Buy Delta-8 THC Products Shippable To California Here!

 

 

 

 

 

 

Colorado

Delta-8 THC is NOT legal in Colorado; this is a shock to many, as recreational marijuana is legal in CO.

If you live in Colorado and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

Connecticut

Unfortunately, delta-8 THC is not legal in Connecticut as of Sept 22, 2021. But, much like other states, the irony here is Connecticut recently (June 2021) legalized the recreational use of marijuana. Individuals 21 or older can legally possess 1.5 ounces of cannabis plant material, but delta-8 THC does not fall into this category.

If you live in Connecticut and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

 

Delaware

Delta-8 THC is sadly also illegal in Delaware; this state bans any product containing any amount of THC.

If you live in Delaware and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

Florida 

Good news, Delta-8 THC is legal in Florida! Historically, Florida has shown a strong stance against legalizing marijuana. But in recent years, things have begun changing, starting with Florida launching a comprehensive medical marijuana program in 2016.

As a result, many believe within one or two election cycles, marijuana will be legal recreationally. We are located in Florida and ship nationwide to states that legally allow it!

Check out: Senate Bill 1020. 581.217 State Hemp Program

Buy Delta-8 THC Products Shippable To Florida Here!

 

 

 

 

 

Georgia 

Under House Bill 213, Delta-8 THC is legal in Georgia; we ship all delta-8 products we carry to Georgia. This bill was passed in 2019, legalizing hemp and hemp-derived products in the state.

People anticipate marijuana legalization sooner rather than later in Georgia, as usually, the medicinal front runs recreational, and in 2019 medicinal was passed.

Check out: House Bill 213 

Buy Delta-8 THC Products Shippable To Georgia Here!

 

 

 

 

 

Hawaii 

Delta-8 THC is legal in Hawaii and able to be purchased by anyone over the age of 21. House Bill 2689 outlines the regulations in place for the cannabis industry, and delta-8 THC falls under "industrial hemp."

Check out: Hawaii House Bill No. 2689

Buy Delta-8 THC Products Shippable To Hawaii Here!

 

 

 

 

 

 

Idaho

Delta-8 THC and all forms of THC are unfortunately still illegal in the state of Idaho.

If you live in Idaho and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

Illinois

Delta-8 THC is legal in the state of Illinois. It has been legal in Illinois since the passing of the federal Farm Bill in 2018. At Best Buds, we ship all our delta-8 THC and CBD products to Illinois.

Check out: Industrial Hemp Act.

Buy Delta-8 THC Products Shippable To Illinois Here!

 

 

 

 

 

Indiana

Delta-8 THC is derived from hemp and is legal in Indiana. Only smokable products like delta 8 flower are prohibited in Indiana. We can ship all of our edible delta-8 THC gummies and edibles to Indiana.

While still very strict on marijuana reform, Indiana does allow the sale and cultivation of all delta-8 THC to those over 21 years of age.

Check out: Senate Enrolled Act No 516

Buy Delta-8 THC Products Shippable To Indiana Here!

 

 

 

 

Iowa

Unfortunately, Iowa still outlaws delta-8 THC. News laws in 2020 made consumables legal, but it is unclear how the law classifies delta-8.

It's a confusing web as to how hemp-derived delta-9 is legal but not delta-8. Nonetheless, that is the current state of legislation in Iowa.

If you live in Iowa and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

 

Kansas 

Great news, delta-8 THC is legal in Kansas. While Kansas is still behind the eight ball in terms of marijuana legalization, it has allowed delta-8 THC products to remain legal since the Farm Bill passed in 2018

Check out: Senate Bill No. 263

Buy Delta-8 THC Products Shippable To Kansas Here!

 

 

 

 

 

Kentucky 

Yes, at the moment, delta-8 THC is legal in Kentucky. However, that may change if Senate Bill 170 is passed, which would, in turn, outlaw all hemp-derived products!

Be vigilant in who you vote for if this bill possibly getting passed concerns you, as this is a state-level issue.

Check out: KRS 260.850 to 260.869 Industrial Hemp

Buy Delta-8 THC Products Shippable To Kentucky Here!

 

 

 

 

 

Louisiana

Not all delta-8 THC products are legally available in Louisiana. For example, flowers and vapes are currently outlawed; however, other hemp-derived products like tinctures and gummies are legal. We currently ship all of our delta 8 gummies to Louisiana.

Check out: House Bill No 491 Act No 164 Part V. Industrial Hemp

Buy Delta-8 THC Products Shippable To Louisiana Here!

 

 

 

 

Maine

Good news, delta-8 THC is legal in Maine. Maine is also a state where marijuana is decriminalized as well. At Best Buds CBD Store, we ship all our CBD and delta-8-related products to Maine.

Check out: Title 7: Agriculture & Animals. Part 5: Plant Industry. Chapter 406-A: HEMP

Buy Delta-8 THC Products Shippable To Maine Here!

 

 

 

 

 

Maryland

In Maryland, delta-8 THC and all hemp products are legal and have been since the 2018 Farm Bill was passed. Currently, medical marijuana is available in marijuana and may soon be so recreationally. We do ship our products to the state of Maryland.

Check out: House Bill 1123. Chapter 228 - Agriculture - Hemp Research & Production 

Buy Delta-8 THC Products Shippable To Maryland Here!

 

 

 

 

 

Massachusetts

Great news, delta-8 THC is legal in Massachusetts and has been since the Farm Bill. Before the Farm Bill, Mass was one of the first states to legalize recreational marijuana use. We can ship any of our delta-8 THC products to Massachusetts.

Check out: Bill H. 4001

Buy Delta-8 THC Products Shippable To Massachusetts Here!

 

 

 

 

 

 

Michigan

Yes, in Michigan, delta-8 THC is legal; even before the 2018 Farm Bill, Michigan legalized marijuana, and they just updated their hemp policy, making products such as delta 8 legal.

Check out: House Bill No 6330, Industrial Hemp Research & Dev Act

Buy Delta-8 THC Products Shippable To Michigan Here!

 

 

 

 

Minnesota

Things are murky here; just this June of 2022, a bill was passed limiting hemp-derived products. So it appears now that delta-8 is not legal in Minnesota, even though it was for a while.

This is unfortunate; if you live in Minnesota and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

 

Mississippi

Yes, delta-8 THC is legal in Mississippi. Even though the state bans THC products from marijuana, hemp-derived products are permitted, and that is where delta-8 is derived. We do ship our delta-8 THC gummies to Mississippi.

Check out: MS Senate Bill 2725 

Buy Delta-8 THC Products Shippable To Mississippi Here!

 

 

 

 

Missouri 

Thankfully Missouris copied Kentucky's lax laws concerning hemp products making delta-8 THC legal in the state. As a result, delta-8 THC products have been permitted in Missouri since 2018.

Check out: Title 2 Dept of Agriculture. Div 70 - Plant Industries Chap. 17 - Industrial Hemp

Buy Delta-8 THC Products Shippable To Missouri Here!

 

 

 

 

 

Montana

At this time, delta-8 THC and all other THC forms are still illegal. Therefore, we cannot ship any of our products to Montana residents.

This is unfortunate; if you live in Montana and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

Nebraska

Good news, Nebraska allows delta-8 THC products! All hemp-derived products are exempt from the list of controlled substances. So we can ship our gummies and other delta-8 products to Nebraska.

Check out: Legislative Bill 657 - Nebraska Hemp Farming Act

Buy Delta-8 THC Products Shippable To Nebraska Here!

 

 

 

 

 

Nevada

It may come as a surprise, as so many things are legal in Nevada that aren't elsewhere, but delta-8 THC is currently on the state's list of banned compounds.

This is unfortunate; if you live in Nevada and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

New Hampshire 

Good news, hemp-derived delta-8 THC is legal in New Hampshire. Since 2018 delta-8 has been permitted, even though marijuana is still outlawed in New Hampshire.

Check out: N.H. Rev. Stat. § 439-A:2

Buy Delta-8 THC Products Shippable To New Hampshire Here!

 

 

 

 

 

 

New Jersey 

The Garden State of New Jersey legally allows the delta-8 THC after passing the 2018 Farm Bill. While the state still seems to have somewhat harsh laws concerning marijuana, delta-8 THC is indeed legal. We can ship any of our delta-8 related products to New Jersey.

Check out: New Jersey Hemp Program

Buy Delta-8 THC Products Shippable To New Jersey Here!

 

 

 

 

New Mexico 

Thankfully, New Mexico didn't take on the stance as its neighbor Arizona and made delta-8 THC legal within the state after the passing of the Farm Bill. We ship our products to New Mexico; be sure not to cross the state line into Arizona with them.

Check out: Hemp Final Rule

Buy Delta-8 THC Products Shippable To New Mexico Here!

 

 

 

 

 

 

New York

Unfortunately, delta-8 THC is currently banned in New York.

This is unfortunate; if you live in New York and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

North Carolina 

Yes, delta-8 THC is legal in North Carolina and has been since the Farm Bill. We can ship to any residents ordering delta-8 from North Carolina.

Check out: Senate Bill 352 - Second Edition

Buy Delta-8 THC Products Shippable To North Carolina Here!

 

 

 

 

 

North Dakota

In April 2021, bill 1045 was passed, which altered the definition of THC. In turn, this outlawed any derivatives, making delta-8 THC illegal in the state.

This is unfortunate; if you live in North Dakota and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

Ohio 

Delta-8 THC is legal in Ohio, and the state is working on full-blown legalization of marijuana, even though they have pretty lax laws already. At Best Buds, we can ship any of our delta-8 THC products to Ohio.

Check out: Senate Bill Number 57

Buy Delta-8 THC Products Shippable To Ohio Here!

 

 

 

 

 

Oklahoma 

Great news, Oklahoma legally allows the sale, consumption, and production of delta-8 THC products. The state has a thriving medical marijuana program and almost passed it recreationally, but Gov Stitt shot it down. But fortunately, we can ship all of our delta-8 products to Oklahoma.

Check out: State Bill 238

Buy Delta-8 THC Products Shippable To Oklahoma Here!

 

 

 

 

Oregon

This is another shocker, but as of July 2022, Oregon banned all hemp-derived cannabinoids, making delta-8 THC illegal. But, again, it's a surprise because you can buy delta-9 THC and have it delivered to your door.

This is unfortunate regarding delta-8; if you live in Oregon and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

 

Pennsylvania

Fortunately, Pennsylvania has reasonable hemp policies, just like its neighbor Virginia, making delta-8 THC legal for sale, consumption, and production.

Check out: Senate Bill No. 335

Buy Delta-8 THC Products Shippable To Pennsylvania Here!

 

 

 

 

Rhode Island

Unfortunately, Rhode Island had delta-8 THC as a banned substance; we cannot ship any delta-8 THC-related products to Rhode Island.

This is unfortunate regarding delta-8; if you live in Rhode Island and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

South Carolina

The good news, South Carolina, like many of its southern counterparts, has made delta-8 legal for sale, consumption, and production. In addition, the state is attempting to put a medicinal marijuana program in place.

Check out: South Carolina House Bill 3449

Buy Delta-8 THC Products Shippable To South Carolina Here!

 

 

 

 

South Dakota 

Luckily South Dakota adopted the stance of its neighbors to the east and south and not north. As a result, delta-8 THC is legal in South Dakota, whereas it's not in North Dakota. We do ship all of our delta-8 products to South Dakota.

Check out: 2019 House Bill 1191

Buy Delta-8 THC Products Shippable To South Dakota Here!

 

 

 

 

 

 

Tennessee

The recent bill trying to ban delta-8 did not pass, so thankfully, delta-8 THC is legal in Tennessee and should remain that way for the foreseeable future. So we can ship our delta-8 gummies to Tennessee.

Check out: Senate Bill No. 357

Buy Delta-8 THC Products Shippable To Tennessee Here!

 

 

 

 

 

Texas

While there are ongoing legal battles in Texas regarding delta-8s legality, two separate bills have failed. So, delta-8 THC is legal in Texas, and we can ship to state residents.

Check out: Title 6

Buy Delta-8 THC Products Shippable To Texas Here!

 

 

 

 

 

 

Utah

Sadly, delta-8 THC is currently not legal in Utah. All isomers of THC are considered controlled substances, meaning delta-8 and any other derivatives.

This is unfortunate regarding delta-8; if you live in Utah and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

Vermont

In April 2021, Vermont confirmed that delta-8 THC is not legal or can be produced, sold, or consumed in the state.

This is unfortunate regarding delta-8; if you live in Vermont and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

 

Virginia

Delta-8 THC is legal in Virginia and has been since the Farm Bill in 2018. The state has a lax, forward-thinking marijuana policy as well. We can ship our delta-8 products to Virginia residents.

Check out: Chapter 653

Buy Delta-8 THC Products Shippable To Virginia Here!

 

 

 

 

 

Washington

Washington is unfortunately not up to date with the times and, as of Sept 2021, determined delta-8 THC to be banned.

This is unfortunate regarding delta-8; if you live in Washington and want this changed, it needs to be taken up with local lawmakers.

 

 

 

 

 

 

West Virginia

Fortunately, Senate Bill 666 (creepy name) did not pass, which attempted to add delta-8 to the state's controlled substances list. Therefore, delta-8 THC products are still legally produced, consumed, and sold in West Virginia, and we ship to the state.

Check out: House Bill 2694

Buy Delta-8 THC Products Shippable To West Virginia Here!

 

 

 

 

 

Wisconsin

Great news, delta-8 and all other hemp-related products are legal in Wisconsin; we can ship anything in our entire inventory to Wisconsin residents.

Check out: Chapter 94 - Plant Industry

Buy Delta-8 THC Products Shippable To Wisconsin Here!

 

 

 

 

 

 

Wyoming

The great state of Wyoming does allow delta-8 to be consumed, sold, and produced legally. At Best Buds, we can ship any of our delta-8 THC gummies and edibles to Wyoming residents.

Check out: Chapter 51 - Hemp Production

Buy Delta-8 THC Products Shippable To Wyoming Here!